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Home > IPLJ > Vol. XXXIII > No. 3 (2023)

 

Fordham IPLJ

Abstract

The opening panel discussed the upcoming case before the United States Supreme Court, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. Panelists included Amelia K. Brankov, Founder, Brankov PLLC and Chair of the New York City Bar Association Art Law Committee; Joel L. Hecker, Principal Attorney, Law Offices of Joel L. Hecker; and Philippa S. Loengard, Director of the Kernochan Center for Law, Media & the Arts and Lecturer-in-Law at Columbia Law School. The case is compelling because the Court rarely hears copyright cases, especially those addressing the affirmative defense of fair use. Moderated by Christopher J. Robinson, Of Counsel, Rottenberg Lipman Rich, P.C., the panel discussed the case, the fair use issues it raises, and their respective hopes and fears for the outcome.

Out of Context: Reframing and Repatriating Objects in Museum and Public Spaces explored the decolonization of cultural institutions and attempts to re-contextualize historical objects with fraught lineage through a contemporary lens. Topics included the recent movement in a longstanding debate on the return of Benin bronzes to Nigeria, the role of customs law enforcement in regulating the importation of historical artifacts into the United States, and the Nepal Heritage Campaign’s grassroots efforts to return a sacred statue to its original shrine in Kathmandu. Moderated by Steven R. Schindler, Founding Partner, Schindler Cohen & Hochman LLP, this panel included panelists Rudyard W. Ceres, Partner, Freeborn and Peters LLP; Nicholas M. O’Donnell, Partner, Sullivan and Worcester LLP; and Erin L. Thompson, Professor of Art Crime, John Jay College (CUNY).

In her Keynote, Irena Tarsis, Founder and Managing Director of the Center for Art Law, discussed the destruction and protection of cultural heritage throughout the armed conflict unfolding in Ukraine.

Moderated by Leila Amineddoleh, Founding Partner, Amineddoleh & Associates LLC, and Adjunct Professor of Law at Fordham, the panel Erased: Protecting Cultural Heritage in Times of Armed Conflict discussed various contexts in which war and hostility have threatened cultural heritage. The panelists included Yelena Ambartsumian, Founder, Origen; Jennifer Kreder, Of Counsel, Rottenberg Lipman Rich P.C.; and Michael McCollough, Partner, Pearlstein & McCullough LLP. The panel discussed the history of the destruction of cultural property and looting from the Nazi-Era to the present day, the legal tools available to victims, and the responsibilities and rights of collectors.

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