Note Earlier Meeting Date
The gulf between the United States
and European IP system.
Another event highlighting why understanding it matters to American copyright attorneys.
Speaker: Daniel McClean
Monday, November 7, 2016
Meeting Location: DOMA Beverly Hills (Downstairs)
In the landmark case of Patrick Cariou v Richard Prince and Gagosian Gallery (2013), the US Court of Appeals (2nd Circuit) expanded the doctrine of “fair use” holding that copyright law does not require that an artist’s secondary use of visual material comment on the original artist, work or popular culture.
The court’s decision in Cariou v Prince et al, underscores significant territorial differences between how copyright exemptions for visual artists are applied in the United States and in Europe. Lacking the flexible provisions of fair use, it seems almost inconceivable that a European court would have reached the same conclusion as the US court did here.
The decision injects a lack of certainty as to how copyright law in the United States may be applied to artworks individually elsewhere. The case also reveals an elitist privileging of artworks canonised by the “high” art system over “lower” unacknowledged works (here, works of photography), an elitism which runs counter to the self-proclaimed, value “neutral” structure of copyright law.
This presentation will discuss the implications of Cariou v Prince for both copyright law and freedom of artistic expression, highlighting the current gulf between the legal systems of the United States and Europe in dealing with copyright defenses. It will go further, using this gulf as a springboard to illustrate philosophical and cultural justifications underpinning copyright law in the different legal systems, something any intellectual property lawyer in the United States must understand to be fluent in cross-ocean transactions.
Daniel McClean is a consultant at the London based law firm, Howard Kennedy LLP, where he specialises in art and cultural property law. He advises leading international art world clients (including artists, advisors, collectors, estates, galleries, museums and national governments) on transactions and agreements involving artworks and on dispute resolution, including relating to ownership, authentication, export and sale. Daniel also regularly advises clients (particularly artists and photographers) on the protection and enforcement of intellectual property rights and defending infringement claims.
In 2002, he commissioned and edited an anthology of inter-disciplinary essays, “Dear Images: Art, Copyright and Culture” (Ridinghouse/ICA London), on the relationship between art and copyright law.
Monday, November 7, 2016
DOMA Beverly Hills (Downstairs)
362 North Camden Drive
Beverly Hills, California 90210
Check-In: 6:30 PM
Dinner: 7:00 PM
Program: 8:00 PM
The price for the dinner will be $75.00 for members and $85.00 for guests of members, associates, and members who miss the noon deadline.