Publications By Attorney Barbara T. Hoffman

Publications

Art and Cultural HeritageArt Cultural Heritage: Law, Policy and Practice, Barbara T. Hoffman Cambridge University 2006, paperback 2012. Available at Amazon.com

Book Description:
Art and Cultural Heritage is appropriately, not solely, about the law-national and international-respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles about how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.

Editorial Review:
Review of the hardback: '... a wide-ranging and timely volume. ... critical topics in cultural property law whose links are often not explored, with a reach that is global, not local. ... the editor guides us through the complex legal and public policy landscape surrounding 'cultural heritage' ... Getting people with diverse viewpoints to speak to the subject in hand is one of the strengths of the book ... a fascinating book - the specialist will find it of considerable value on account of the range of viewpoints presented; the non-specialist will simply want to dip into it to get a feel for the subject.' Script-ed

Review of the hardback: 'This is the first publication to look at the welter of national and international law on cultural objects and heritage, and critically, at the same time, to allow a truly diverse representative group of contributors to comment on and present arguments concerning the legal status, the care and the future custodianship of cultural patrimony. No longer will well meaning commentators from cultural-object-consuming nations dominate the debate, whatever the philosophic basis of their stance.' The Art Newspaper

  • Chapter 4, Copyrights, Chapter 5, Contracts in, Lynn Basa, The Artist's Guide to Public Art, Allworth Press; 1st edition (May 27, 2008): "First hand interviews with experienced public artists and arts administrators provide in-the-trenches advice and insight, and a chapter on public art law, written by Barbara Hoffman, the country's leading public art law attorney, answers questions about this complex area." 2008
  • "Law, Ethics and the Visual Arts: The Many Facets of Conflict of Interest" by Barbara Hoffman, Chapter 19 in King, Elaine A., and Gail Levin. Ethics and the Visual Arts. New York:Allworth, 2006. Print

Visual Artists GuideOther Publications:

Selected Articles

  • "Culture Under Threat: A Background Reader For The Art Market."
  • "When Bodies Become Art: Reflections on Art, Artists and the Laws of the Human Body" (in process, 2016).
  • "To Collaborate or Not to Collaborate: Is that A Legal Question?," 2012.
  • A Copyright Primer for the Protection and Use of Fine Art Images, 2012.
  • "Cultural Politics and the Return of Looted Antiquities," World Politics Review, November, 2010: 5-9.
  • "Law, Ethics and the Visual Arts: The Many Facets of Conflict of Interest" by Barbara Hoffman, Chapter 19 in King, Elaine A., and Gail Levin. Ethics and the Visual Arts. New York: Allworth, 2006. Print.
  • "U.S. Artists Battle for Moral Rights" Sculpture Magazine 24.4, May 2005.
  • "Do You Copy? Recent Developments in Copyright, Trademark Cases with Copyright Implications."
  • "Copyright and the First Amendment: Defining the Delicate Balance in Art," Art Antiquity and Law, Vol. 9.4, December 2004.
  • "An Art Lawyer's Perspective on the Intellectual Property Debate in the Digital Age: Defining a Delicate Balance" Bright Ideas, Vol. 13, 2004.
  • "Art et Droit"—U.S. and Global Copyright Issues, Faculté du Droit, Université Jean Moulin, Lyon, France, January 2004.
  • "Rights of Privacy, Publicity and other intellectual property rights effecting the exhibition, licensing and sale of visual content" — British Museum Association, Regents College, November 2003.
  • "International Transactions in Works of Art" Visual Arts and the Law Conference, CLE International, Taos, NM, August 2003.
  • "From The Virtual Gallery to the Legal Web", (4-part series), New York Law Journal, June 1996.
  • "Intellectual Property and the Global Information Infrastructure," National Law Journal, 1995.
  • The New York Law Journal, Art and Politics Column; Seminal Article "Law of the Sea," 1972.

Selected Presentations, Consultancies and Symposia

  • ISIS and ISLAM, Panelist, New York City Bar Association, February 22, 2016.
  • "When Bodies Become Art: Reflections on Art, Artists and the Laws of the Human Body" The Legal Medium: Yale Law School, March 2015.
  • "Flash! Don't Smile: Legal Issues Related to Photography as an Art Form and Beyond" IBA Boston, October 9, 2013, Art and Cultural Institutions on Heritage Law Committee.
  • "Elimination and Prevention of All Forms of Violence Against Women: Empowering Women Beyond the Violence" Active Intervention for Mothers (A.I.M.), March 11, 2013.
  • Invited Speaker, "New Art - New Legal Challenges," IBA and MAXXI, Rome 2012.
  • Invited Speaker on Art Law, The Lalit Kala Akademi (National Academy of Fine Art), New Delhi, January 2012.
  • Presenting and Protecting Cultural Heritage in Mali: National Museum of Mali, Bamako, December 2011.
  • "Beyond the Adversarial Model: Using Mediation to Create Value in the Resolution of Disputes in the Art and Heritage Sector," Submitted to ICOM-WIPO Workshop for Mediators in Art and Cultural Heritage, Paris, October 17-18, 2011.
  • Invited Speaker, "The Law and Ethics of Collecting the Arts of Africa and the South Pacific: The Importance of Provenance," Questions of Provenance: A Mini-Symposium, de Young Museum, February 10, 2011.
  • World Bank/ICOMOS Consultation: Leveraging the Funding Source for Sustainable Heritage Protection, Washington D.C, 2010
  • "Emerging Principles and Ethics in International Cultural Heritage Protection: Integrity and Return." The Foreign Ministry, Ascuncion Paraguay, 2010.
  • Curated Cultural Property Symposium at the Inter-American Development Bank, May 2008 (funded by the Ford Foundation).
  • "Confounding Expectations: Photography in Context," Vera List/Aperture Foundation Panel Discussion, 2006.
  • "Rights of Publicity, and Privacy" presented at II Conference of the Americas, Computer Law Association, Santo Domingo, Dominican Republic, February 2004.
  • "Do You Copy? Recent Developments in Copyright, Trademark Cases with Copyright Implications, Rights of Publicity, and Privacy" presented at II Conference of the Americas, Computer Law Association, Santo Domingo, Dominican Republic, February 2004.
  • "Sailing On Uncharted Waters: The U.S. law of historic wrecks, sunken treasure and the protection of underwater cultural heritage" presented at Convegno Internazionale Sul Aqua Cooperazione nel Mediterraneo per la Protezione del Patrimonio Culturale Subacqueo, Siracusa, Italy, 2003.
  • "International Transactions in Works of Art" Visual Arts and the Law Conference, CLE International, Taos, NM, August 2003.
  • "Recent Developments in Domain Names, Domain Name Disputes and Trademark Infringement on the Internet," presented to the Computer Law Association, Paris, 2002.
  • Sienna, Italy 30th Anniversary of the UNESCO World Heritage Convention, Invited Consultant, 2002.
  • "The New Gatekeepers: Intellectual Property, Artistic Freedom and the First Amendment" Columbia University Graduate School of Journalism, November 2002.
  • "The Visual Artists Rights Act and Other Special Copyright Concerns for the Artist and Collector," Visual Arts and the Law Conference, CLE International, Taos, NM, August 2002.
  • "Exploiting and Licensing Images on the Internet: Recent Cases and Developments," presented to the Latin American Computer Law Association, Buenos Aires, Argentina, 2001.
  • Organized and participated in the symposium on Legal and Other Issues in Protecting Cultural Heritage: The Latin American and Caribbean Experience in Context, Cancun, Mexico, 2001, funded by the Ford Foundation.
  • Ms. Hoffman is frequently called on as a consultant and advisor involving UN organizations including as a UN Delegate and Representative to Nairobi Women's Conference and the UN Representative of the International Federation of Women in Legal Careers.
  • Ms. Hoffman was called on as a consultant to the Department of State, Advisor at 1996 UNIDROIT Treaty.
  • Organized and participated in the day long symposium the Cultural Property Round Table presided over inter alia by Judge Miriam Cederbaum of the 7th Circuit Court of Appeals (1996 funded by the Kness Foundation), New York City Bar Association.