Art law intersects with a variety of disciplines, including intellectual property; commercial contracts; art-based financing; antitrust; bankruptcy, creditors’ rights and security interests; gifts, acquisitions, dispositions and liens; tax and estate planning; and litigation. Drawing on collective decades of related experience, Wilson Elser attorneys provide reliable legal counsel to virtually all participants in the creation, licensing, sale, lending, gifting, merchandising and display of art. Our clients include artists, collectors and buyers, sellers, insurers, gallerists and dealers, consultants, auction houses and museums.

We are familiar with applicable statutes and codes and skilled at safeguarding and protecting valuable creative assets. We also work “cross practice” with colleagues throughout the broader firm to address a range of issues. 

Our related work:

• Art as an investment asset and art valuation, insurance and finance, including funds, swaps, securities and derivatives
• Copyrights in works of art and reproductions of works of art
• Authorship rights and issues related to the
• Visual Artists Rights Act (VARA)
• Defamation concerning works of art and their provenance
• Authenticity disputes
• Donor restrictions on use or display of donated works
• Display of art and art sales on the internet
• Secondary art market transactions
• Loans of artwork to museums and exhibition agreements
• Misappropriation of artwork and design
• Art storage and transportation
• Tribal Art Law and the Native American Graves Protection and Repatriation Act
• Repatriation of looted art and cultural heritage
• New media agreements
• Online non-fungible token (NFT) marketplaces and decentralized autonomous organizations (DAOs)
• Insurance requirements and disputes
• Arbitration, mediation and other forms of dispute resolution
• Tax and estate planning for artists and collectors
• Transactional agreements for artists, buyers, sellers, galleries, consigners and museums

Wilson Elser’s copyright practice is multifaceted, involving areas as diverse as literary and theatrical works, musical compositions, software, luxury goods, apparel, consumer products, and sales and instructional manuals. 

Our related work:

• Litigate on behalf of rights-holders and defendants relative to copyright disputes
• Litigate royalty disputes in areas such as music, theater and art
• File for copyright registrations
• Provide counsel on acquisition, sale and transfer of copyrights and portfolios
• Prepare and file assignments
• Negotiate and prepare licensing agreements
• Enforce online copyrights via Digital Millennium Copyright Act (DMCA) takedown requests
• Clear use of copyrighted material
• Conduct website audits for copyright compliance
• Conduct due diligence for business transactions
• Advise on copyrights in the context of overall intellectual property strategy
• Draft and review internal compliance policies, assignments, licenses and related agreements

Wilson Elser’s multidisciplinary Data Use & AI Governance attorneys partner with clients to develop, implement, and defend robust AI risk management programs that meet evolving legislative mandates and stakeholder expectations. Leveraging deep experience in intellectual property, technology, cybersecurity, employment, product liability, and class-action defense, we routinely counsel boards, business owners, product managers, and in-house counsel on how best to translate emerging AI statutes, standards, and risk management frameworks into practical policies and controls to satisfy regulators, investors, and consumers.

Our national platform and extensive network of specialists position us to guide proactive compliance initiatives from inception and to respond quickly when disputes arise.  Indeed, team attorneys bring a proven record of success defending complex, high-stakes AI-related claims across industries and jurisdictions.

Our integrated capabilities include:

• Evaluating corporate AI needs and concerns
• Drafting and auditing enterprise-wide AI governance policies, risk management frameworks, and codes of conduct
• Advising on compliance with the EU AI Act, federal industry-specific privacy laws, state consumer privacy and biometric laws, FTC Section 5, the NIST AI Risk Management Framework, and ISO/IEC 42001
• Conducting AI system impact assessments
• Counseling on copyright, trademark, patent, and rights of privacy/publicity issues implicated in generative AI training data, prompts, and outputs, and DMCA takedowns related to AI-generated content
• Structuring and negotiating AI vendor, licensing, data sharing, and joint development agreements, including indemnity, confidentiality, IP ownership, and model risk provisions
• Designing bias, fairness, and disparate impact risk assessment protocols
• Advising on defamation, false light, and right of privacy/publicity risks
• Defending claims (including class actions) alleging deceptive trade practices, unfair competition, defamation, false light, right of privacy/publicity, automatic renewal violations, and privacy intrusions arising from AI-enabled personalization and tracking technologies
• Supporting insurers and insureds in underwriting, coverage analysis, and claims handling for AI-related E&O, D&O, cyber, and media liability policies
• Guiding organizations through internal investigations, government inquiries, and enforcement actions.

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As business converges on a borderless online environment, our practice attorneys adapt and remain at the forefront of the developing law. We have substantial experience in multimedia law, including the representation of web-based clients, product developers and creative content owners. We assist companies with developing a compliant online presence in e-commerce and social media and protect clients who are attacked for internet-related activity. 

Our related work:

• Conduct website audits for content and regulatory compliance with relevant subsections of the Americans with Disabilities Act (ADA) and state statutes
• Arrange for protection from claims through Digital Millennium Copyright Act (DMCA) agent registration and creation of incontestible policies
• Prepare web-based contracts, including terms of use, privacy policies, terms of sale and disclaimers
• Negotiate and prepare software license agreements
• Defend software audits
• Arrange for website design protection and negotiate and draft related development agreements
• Consult on data collection and privacy breach, and respond to related incidents
• Litigate false advertising issues
• Defend claims arising from breach of data collection and privacy rights
• Consult on the “Internet of things” issues and negotiate and secure agreements to protect against related exposures
• Litigate defamation and harassment on the internet
• Litigate violations of rights of publicity, privacy and promotion
• Develop and coordinate strategies for the prevention and remediation of cybersquatting
• Draft and review internal compliance policies for social media and technology use
• Prepare sweepstakes and contest rules and, as required, related registrations
• Coordinate online fundraising inclusive of registration
• Consult and coordinate regarding compliance with cross-border privacy protection and policies
• Help ensure compliance with e-commerce rules and prepare required agreements

As intellectual property plays an increasingly pivotal role in the entertainment and sports industries, our practice attorneys represent a broad spectrum of clients in areas such as fashion, photography, film, stage, television, sports and publishing. 

Our related work:

• Represent artists and athletes in a broad spectrum of intellectual property matters
• Provide counsel on personal brand-building, including trademark and domain name development and protection
• Act as production, development and distribution counsel
• Negotiate and secure project financing
• Counsel and provide services to the publishing industry
• Handle pre-publication review of material
• Obtain licenses for, music and software
• Litigate libel and slander matters
• Defend against claims of violation of rights of privacy, publicity and promotion
• Provide reputation management services, including protection against fraudulent reviews and disclosure of private information and images
• Consult on First Amendment protection
• Negotiate sponsorships, endorsements and promotions
• Evaluate and help ensure Federal Communications Commission and Federal Trade Commission regulatory compliance

When all other remedies have been exhausted, litigation is a route available to businesses to protect and defend their intellectual property rights. As the preeminent defense litigation firm in the United States, Wilson Elser seeks to achieve early and successful dismissals of most cases. We nonetheless will escalate matters to trial and appellate courts when it best serves our clients’ objectives. 

Our related work:

• Breach of contract and licensing disputes
• Business and personal reputational damage, corporate disparagement, and defamation and libel/slander
• Copyright, trademark and patent infringement
• Counterfeiting and piracy
• False advertising
• Internet-based disputes
• Invasion of privacy, social media harassment
• Media liability
• Nondisclosure, noncompete and non-solicitation disputes
• Privacy
• Rights of publicity and promotion
• Software disputes
• Technology errors and omissions
• Technology-related disputes
• Trade secrets
• Unauthorized impersonation
• Unfair competition

Our patent practice comprises attorneys with broad-based scientific backgrounds who are admitted to practice before the USPTO’s patent bar. The team can staff patent matters appropriately, deploying attorneys with experience in biological, chemical, mechanical and computer sciences. From patent counseling to prosecution and enforcement or defense, our team preserves the rights of our clients. 

Our related work:

• Litigate patent claims
• Advise on developing patent portfolio strategy and new patents
• Prepare and file patent applications and utility and design patents
• Consult on patent clearance, inclusive of patent searches and freedom-to-market opinions
• Monitor and manage international patent portfolios
• Negotiate, draft, file and record patent license and assignment agreements
• Consult on patent marking and misuse

We are well-versed in advising businesses on compliance risks and helping build compliance programs and systems. We understand that each organization is unique and so are its costs of doing business. Drawing on years of related experience, our team collaborates with clients’ stakeholders within the C-suite and in Legal, Marketing, Customer Service and IT departments in developing consumer privacy compliance programs from the ground up or refining and strengthening those that exist. We establish “turnkey” solutions for businesses, including scripts and workflows to assist in processing consumers’ privacy rights requests, such as Data Subject Access Requests (DSARs). To the extent that clients require our involvement once systems are in place, we are pleased to provide required trainings, audit compliance, and assistance in conducting data protection impact assessments and updating privacy notices as developing regulations require.

Our related work:

• Drafting standards and procedures to identify and address consumer privacy risks
• Advising organization’s privacy officer and high-level personnel on establishing an effective compliance program
• Advising on data mapping and data inventories
• Preparing and updating privacy notices and policies
• Conducting website audits, including for consumer privacy and web accessibility compliance
• Assisting businesses in establishing effective communication with consumers
• Training in-house personnel on privacy obligations and procedures
• Defending privacy-related claims and disputes, bolstered by our standing as the preeminent defense litigation law firm in the United States
• Advising businesses on safeguarding sensitive personal information, financial and health care privacy, and other special categories of personal information
• Addressing privacy aspects of cloud computing and other sourcing arrangements
• Managing global privacy issues, including those related to the EU’s General Data Protection Regulation (GDPR) and Canada’s Information Protection and Electronic Documents Act (PIPEDA)

Our Intellectual Property & Technology practice attorneys keep pace with advancements in all aspects of technology services. We understand the substance and subtleties of hardware and software products that can be especially valuable to their owners and especially vulnerable to outside entities. We assist clients with technology transactions and technology development and distribution deals; protect technology brands; and strategically advise on commercialization in a wide range of technology sectors. With the emergence of the Internet of Things and the transition to a borderless online environment, a position at the forefront of related developments is critical. We assist clients across a wide spectrum of related services.

• Litigation related to all aspects of technology
• Technology branding
• Strategic commercialization advice
• Technology development and distribution agreements
• Technology transactions
• Complex licensing agreements
• Technology vendor contracts
• Technology and media policies
• Defense of technology-related claims
• Defense of internet defamation claims
• Consultation on cyber privacy, licensing, e-commerce, outsourcing and security
• Negotiate and prepare software license agreements
• Defend software audits
• Consult on the Internet of Things and negotiate and secure agreements to protect against related exposures

Investing in name and brand recognition often equates to increased profits and asset growth. Wilson Elser assists in obtaining, securing, maintaining and enforcing trademark rights for clients worldwide. We also defend clients sued for trademark-related issues.

Our related work:

• Trademark registration, maintenance and renewal in the United States and worldwide
• New trademark application preparation, filing and prosecution
• Responses to United States Patent and Trademark Office (USPTO) actions
• Trademark docketing
• Trademark clearance searches and opinions
• Trademark portfolio audits and strategic counseling
• Trademark analysis for mergers and acquisitions
• Trademark licensing agreements and due diligence
• Investigations related to the trademark rights of others
• Registration of trademarks with customs in the United States and worldwide
• Trademark watch services and section 2(d) citation watch services