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Barbara Hoffman, Principal is one of the pre-eminent art lawyers in the United States. In her more than twenty five years of practice she has been involved in every aspect of the field of art and cultural heritage law including all aspects of the international art market, museum law and the entertainment industry. She is admitted to the Bar in New York, Washington, District of Columbia at both Federal and State levels.
Ms. Hoffman began her law career as an assistant corporation counsel for the City of New York. She then was a full time professor of law from 1975-1978 (assistant) to 1985 (associate) teaching constitutional law, property, art law, and intellectual property. In 1985, she returned to full time legal practice in New York City. She has also taught Art and the Law at the School of Visual Arts, Fashion Institute of Technology, and courses in U.S. Copyright Law in the Master of Law Program at the Université of Lyon, Lyon France.
Professional Affiliations
Chair, Committee 20: Art, Cultural Institutions and Heritage Law, International Bar Association, 2000-2004
Chair, Art Law Committee, The Association of the Bar of the City of New York, 1995-1998 (Member, Council on International Affairs, Committee on Alternative Dispute Resolution)
Washington State Bar Association (Member, Committee on Intellectual Property, Professional Responsibility)
American Bar Association (Member, Section on Patent, Trademark and Copyright Law
International Law; Entertainment Law)
District of Columbia Bar Association (Member, Section on Art and Entertainment Law) American Intellectual Property Law Association
Mediation and Arbitration Experience
World Intellectual Property Organization Domain Name Dispute Resolution (Geneva 2001)
World Intellectual Property Organization Arbitration of Intellectual Property Disputes (Geneva 2001)
World Intellectual Property Organization Mediation of Intellectual Property Disputes (San Francisco 2000)
Harvard Advanced Mediation Workshop (Robert Mnuchin, May 2000)
Foreign Work Experience
India; Japan; France; Italy; Mali; Buenos Aires, Argentina; Lima, Peru.
Computer Law Association
Chair of the Legal Committee & Assistant Secretary to Explorers Club 1989-1996. Copyright Society. New York Women in Film and Television. Member and former Secretary and Board member of Art Table. Board of Trustees, Williamstown Art Conservation Institute. Counsel, College Art Association. (1988-1998). Counsel, International Association of Art Critics (1990 – present), Museum Attorneys’ Group. Founder and President, Washington State Volunteer Lawyers for the Arts (1976-1986).
American Film Market Arbitrator’s Panel (1984-present)
Notable Cases
Amicus briefs cited by the court in Finley v. NEA and Columbus America Discovery Group
Ringgold v. BET (Ringgold)
George Barris v. Richard Hamilton, Tate Gallery, et. al. (Hamilton, Tate)
Flack v. Friends of Queen Catherine (Flack)
Publications
Editor and Contributor, Art and Cultural Heritage: Law, Policy and Practice (Cambridge University Press), forthcoming October 2005
- Art and Cultural Heritage PDF
- Art and Cultural Heritage Description
Editor and Contributor, Exploiting Images and Image Collections in the New Media (Kluwer Law), 1998.
Author, A Visual Artist’s Guide to Estate Planning (The Marie Walsh Sharpe Art Foundation), 1998.
“Copyright and the First Amendment: Defining the Delicate Balance.” Art, Antiquity & the Law 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.
“An Art Lawyer’s Perspective on the Digital Intellectual Property Debate: Defining the Delicate Balance” Visual Arts and the Law Conference, CLE International, Santa Fe, NM, August 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.
“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.
“Art et Droit —U.S. and Global Copyright Issues, Faculté du Droit, Jean Moulin, Lyon, France, January 2003.
“Sailing On Uncharted Waters: The U.S. law of historic wrecks, sunken treasure and the protection of under water cultural heritage” presented at Convegno Internazionale Sulla
“The New Gatekeepers: Intellectual Property, Artistic Freedom and the First Amendment” Columbia University Graduate School of Journalism, November, 2002.
“Recent Developments in Domain Names, Domain Name Disputes and Trademark Infringement on the Internet,” presented to the Computer Law Association, Paris, 2002.
Editor & contributor, Legal and Other Issues in Protecting Cultural Heritage: The Latin American and Caribbean Experience in Context, IBA Foundation, Inc, London, 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.
“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.
Mediation and Arbitration Experience
World Intellectual Property Organization Domain Name Dispute Resolution (Geneva 2001)
World Intellectual Property Organization Arbitration of Intellectual Property Disputes (Geneva 2001)
World Intellectual Property Organization Mediation of Intellectual Property Disputes (San Francisco 2000)
Harvard Advanced Mediation Workshop (Robert Mnuchin, May 2000)
Foreign Work Experience
India; Japan; France; Italy; Mali; Buenos Aires, Argentina; Lima, Peru.
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