Representing Artists And Creatives In Legal Matters
Attorney Barbara T. Hoffman has been in the vanguard in her representation of visual artists and various issues encountered in the creation, fabrication, exhibition and sale of works of art. Copyright — including the difficult issues of fair use, the First Amendment, public art and moral rights — is a particular area of focus, in which the firm has litigated precedent-setting cases on behalf of artists.
Many of the firm’s artist clients have been with the firm for a decade or longer and rely on Ms. Hoffman’s guidance and experience in all matters related to their creative endeavors. This includes:
- Reviewing, drafting and negotiating contracts including galleries, museums, public art, collections and other venues
- Choosing a business entity, incorporation and other business matters
- Providing counsel on copyright issues, artists’ moral rights, VARA and fair use, performances, licensing and branding
- Advising on international loans and exhibitions
- Advising on branding and merchandising
- Legacy planning
Experience Handling Commissioned Art In Public And Private Spaces
Ms. Hoffman is one of the leading authorities in commissions of works of art in public spaces, architect/artist collaborations involving site-specific installations, airports, large-scale urban development projects and museums worldwide. She assists creative clients with the negotiation of contracts with governments, corporations, developers and architects. She was the founder and chair of the New York City Bar Association’s Art Law Committee, subcommittee on public art. Her clients have included many of the most significant artists, designers and architects engaged in large-scale public and private commissions. Projects have included:
- The development and design of a downtown metropolitan area
- The design of the largest municipal public park in California
- An interstate, multisite development along the Columbia River
- Several hotels and an airport in the United Arab Emirates
- Advised on major public art commissions throughout China
- Permanent and temporary installations in museums such as the National Gallery of Art, the California Academy of Sciences, the Pompidou Centre, Museo Nacional Centro de Arte Reina Sofia and the St. Louis Art Museum
Ms. Hoffman has represented the world’s leading photography collective as its international counsel and other photographic archives, dealing with multiple corporate and intellectual property issues. Such issues include copyright enforcement, rights of privacy and publicity, digitization of archives, content licensing, book publication and sponsorship agreements. A particular focus of this aspect of art law involves the monetization of the content of photographers, artists and other image creators in the digital environment.
Furthermore, Ms. Hoffman has experience advising on estate issues for major photographers, including resolving tax issues, exhibition issues and copyright execution.
Estate Planning And Related Issues For Artists And Artist Foundations
With hands-on experience over the years in advising artist’s with respect to estate planning and the managing of estates, foundations, and involvement in the art market, the firm has developed a specialty in handling the often-complex estates of artists, writers, designers and others in which artistic and intellectual property and the creator’s legacy are primary concerns.
The firm provides professional support for artists, their descendants, and others charged with structuring and managing an artist’s legacy, including services in addition to legal consultations, such as appraisals, catalogue raisonné, gallery development and representation and auction sales, through a wide network of professionals such as appraisers and art historians with whom the firm collaborates.
The firm also collaborates with attorneys specializing in tax and estate planning with respect to non-art or intellectual property concerns such as care of children.
A Lawyer Who Understands The Issues Artists, Other Creatives, Explorers And Entrepreneurs Encounter
The firm’s counsel is often sought by artists, designers, entrepreneurs, explorers, collectors and foundations working at the cutting edge of technology, innovation and discovery. Clients have included digital and video artists, visual performance artists and artists working at the intersection of art and technology. Ms. Hoffman’s experience and contacts create effective strategies and solutions to the often-challenging issues surrounding new media and forms of expression.
Hoffman, a member of the Explorers Club since 1985, has assisted individuals and expeditions at the forefront of explorations. The firm’s assistance has provided much needed funds through monetizing the expedition’s intellectual property and negotiating lucrative sponsorship agreements. Noted artist and educator Andrew Ginzel has remarked, “Hoffman is one of us.”