Educational Session: Intellectual Property Rights in the U.S.A. as
applied to the Visual Arts
Speaker: Diego R. Figueroa, Esq.
In today’s dynamic art landscape, understanding intellectual property rights is essential not only for artists but also for businesses, property owners, and legal professionals. This insightful presentation will explore how copyright law applies to visual arts, addressing key issues such as ownership rights, fair use, and legal protections for both artists and building owners.
One of the most pressing legal challenges in urban environments is the status of public and street art. South Florida, known for its vibrant and eclectic street art scene, is home to a diverse array of muralists and graffiti artists whose work transforms public and private spaces. But what happens when an artist paints a mural on a privately owned building who owns the rights to the artwork? Can the property owner alter or remove it without facing legal consequences? This presentation will provide critical insights for business owners, developers, and legal professionals, equipping them with the knowledge needed to navigate the evolving landscape of visual arts law while ensuring compliance and protecting creative rights.
Objectives:
- Recognize when you need to identify possible copyright infringement and does an artist automatically own the rights to their work.
- Understanding how artwork can be legally used, reproduced, or modified.
- Gain and understanding of Building Owner vs. Artist Rights by exploring the protections under the Visual Artists Rights Act (VARA).
Understanding the legal risks of incorporating street art, murals, or other copyrighted visuals into branding, advertisements, or social media campaigns without proper authorization.
CLM® Application Credit for Functional Specialists: 1 hour in the category of Legal Industry/Business Management
CLM® Recertification Credit: 1 hour in the subject area of Legal Industry/Business Management
