Art Law, Co-Sponsored by Intellectual Property

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Trademarks are ubiquitous in our society. As a result, artists frequently refer to trademarks in their works. Some artistic uses may be considered descriptive or nominative—as when a painting of an urban landscape includes trademarks. Other uses are more expressive, as when artists make a trademark the focus of their works. When trademark owners have sued over such uses, courts have often (but not always) sided with the artist. What accounts for the increasing use of trademarks in art? Are there artistic uses of trademarks that are not fair uses and, if so, when? How often are artists settling claims or avoiding use of trademarked images because of fear of lawsuit? This panel will address these issues. Speakers will discuss recent cases and offer a variety of perspectives, from the side of artists, legal professionals, and trademark owners.

A virtual business meeting was held prior to the Annual Meeting.