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The Art Lawyer’s Diary: Lots of Smoke and No Fire as Goldsmith Prevails Against Warhol Foundation in the Supreme Court

May 24, 2023

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. No. 21-869. This Art Lawyer’s Diary refocuses on an area of expertise and passion: the subject of artists and copyright, particularly the doctrine of fair use which is an affirmative defense to an artist’s copying another artist’s work without permission. It is no […]
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The Art Lawyers Diary: Sharjah Art Foundation Brings Together Over 150 Artists and Collectives for Sharjah Biennial 15

Feb 20, 2023

Thinking Historically in the Present (February 7 – June 11, 2023) Sharjah is the United Arab Emirates’ third largest emirate with coastline on both the Arabian Gulf and Gulf of Oman and known appropriately as the cultural and intellectual center of the UAE. I had never been to the Sharjah Biennial; however, I was drawn […]
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The Art Lawyer's Diary: Venice Art Biennale & documenta fifteen - Icons of the International Art World Question the Role of Art and the Artist in Times of Global Crisis

Jun 22, 2022

The Venice Art Biennale: The Milk of Dreams Barbara T. Hoffman, Esq.* The 59th edition of the Venice Art Biennale, under the title of “The Milk of Dreams,” opened to the public on April 23 – November 27, 2022. The exhibition takes place in the Central Pavilion of the Giardini and Arsenal. There are also […]
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The Art Lawyer's DiaryTM The Venice Biennale Arte 2019: A Focus On New, Emerging and Usually Invisible Voices at the Mother of All Biennales

May 29, 2019

Prologue As an art lawyer, I am interested in the intersection between art, law and politics — particularly in reference to the body politic. As a founding board member of Performa, Roselee Goldberg’s New York-based visual performance art biennale and for years involved in representing artists who work in the public sphere on percent or […]
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The Art Lawyer's Diary: Prospect 4 - The Lotus in Light of the Swamp

Nov 28, 2017

Art lawyer, Barbara Hoffman had the opportunity to attend the VIP/press opening for Prospect 4, New Orleans’ citywide international contemporary art exhibit founded by Dan Cameron, former senior curator of the New Museum, in the wake of Hurricane Katrina in 2005. In producing works in response to the current cultural, socioeconomic and environmental landscape, Prospect […]
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The Art Lawyer's Diary: Out of Africa - Reflections on the Opening of Cape Town's Zeitz MOCAA, the Joburg Art Scene and the Power of Ought

Oct 13, 2017

On Friday, September 22, the first public institution dedicated to contemporary art and the art of the diaspora in Africa, Cape Town’s Zeitz MOCAA, opened to a sold out weekend of more than 50,000 visitors, with 5,000 visitors per day since. Zeitz (not Zulu, Xhosa or even Afrikaans, but the name of its German founder) […]
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The Art Lawyer's Diary by Barbara Hoffman: Grand Tour - Documenta 14, Skulptur Projekte 2017, Mondrian

Aug 8, 2017

With a scheduled business trip to Amersfoort, Netherlands (yes, I am still practicing art and cultural heritage law), I took the opportunity to travel six days earlier to continue what the art world has called “The Grand Tour”: from Venice, to Kassel (“Documenta”) and Münster (“Skulptur Projekte”). Whilst the “Grand Tour” included Basel, my self-guided […]
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The 57th Venice Biennale 2017: Getting to the Art of the Matter

Jun 7, 2017

© Barbara Hoffman, 2017 Barbara T. Hoffman is a preeminent international art lawyer with an undergraduate degree in art history. She has been a passionate follower of the contemporary art scene for years and a regular attendee at the Venice Biennale since the early 1980’s. She has written frequently on law, art and politics for […]
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Themes of Globalization, Identity and Spirituality Expressed in a Variety of Media are Prevalent Throughout the Biennale

May 26, 2017

As is so often the case in Venice, the Giardini’s Central Pavilion where the “historic” national pavilions from 1907 are located generated a space for artistic commentary. For example, the United States Pavilion, a Palladian-style structure built in 1930 in a style resembling Thomas Jefferson’s home, presents Mark Bradford’s exhibition critiquing this Jeffersonian structure and […]
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5 Questions on Art & Digital Copyright Law (Part 2)

Apr 7, 2017

With the dual phenomena of increase in art world wealth and the ease of exploiting content online, self proclaimed specialists and bloggers in “art law” and digital copyright law are multiplying. Recently named one of 51 High Wattage Women in the Art World, Barbara T. Hoffman’s writings and cases have generated legislation, influenced the development […]
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5 Questions on the Need for Art Law (Part 1)

Mar 31, 2017

As the art world becomes more complex, so does the need for qualified legal professionals. Barbara Hoffman of The Hoffman Law Firm, who practically invented “art law” forty years ago, shares her insights into how this need developed. You are one of the pioneer practitioners of art law. What are the characteristics of the field […]
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The Artist's Estate; Structuring and Managing an Artist's Legacy (Part II)

Feb 23, 2017

Estate planning involves more than drafting a will and good estate planning and administration involves a variety of skills: a collaboration between the artist and his or her advisors. Over the years that I have been involved in advising artists, writers, and other creators with respect to the planning of their estates, two of the […]
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Protecting the Intangible Assets of a Visual Artist’s Work: Estate Planning and Management of Copyrights to Create Value and Preserve Legacy (Part I)

Dec 16, 2016

Storage, conservation, and cataloging needs create special problems for the visual artist’s estate. It is important to separate artistic property from other physical possessions. — Barbara Hoffman, Attorney I am frequently called upon with respect to the planning of visual artist’s estates, particularly as it concerns the development and preservation of the artist’s legacy. Whether […]
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