Bar Journal Issue: Arts & the Law

The Fall 2014 issue of NH Bar Journal is now available. View the table of contents, download a PDF of the entire issue.

See below for descriptions of and links to the articles in this issue.

The issue starts with a look at the skimpy protection United States law provides to the creative output of the fashion industry. Leigh Willey, a Devine Millimet attorney, says that despite the economic importance of American fashion designers, their work does not enjoy the same intellectual property protection granted other artists, such as authors and musicians, or designers in other countries. Read the article.

Amanda Nelson, a New Hampshire attorney whose practice addresses the unique legal needs of artists, looks at the business relationships of artists, dealers, and consigners. In an article co-written with Peter McGovern, a law professor from the University of Connecticut School of Law, the authors consider how bankruptcy and Uniform Commercial Code provisions and specific New Hampshire business laws make for an awkward fit with the current practices and customs of the art world. Read the article.

"Employing Creativity" is the broad topic, as applied to state and federal employment, which concerns Tawny Alvarez, of the Verrill Dana law firm. The profound questions of "what is art" can crop up in any variety of situations where creative professionals, whether they write, create websites, or dance in nightclubs, are compensated or employed by businesses. Read the article.

Copyright protection - from monkey selfies to Cezanne, by Kimberly Peaslee, a patent lawyer admitted in three states, looks at the tricky concepts of ownership in a digital world, and other issues of authorship. Read the article.

Lorne Fienberg, our issue editor and an immigration law practitioner, contributes a wry look at the United States Customs and Immigration Service's forays into the interpretation of art to make determinations about a specific type of visa for artists, performers and entertainers. He traces the torturous path of one case through the agency's various levels of review until an appellate board emerges from the aesthetic thicket with a valid interpretation. Read the article.

Four examples of artists in the law are also featured in this issue. Melissa Miller is not a lawyer or an employee of a law firm but she works at one as "artist in residence." See brief profiles and samples of art work from three NH bar members - Haden Gerrish, Lynne Sabean and Paul Durham.

Our 2015 lineup includes a general-topic issue in the late winter, and a themed issue looking at various aspects of privacy in the late spring. We welcome your article proposals. Contact Dan Wise.

If you would like to purchase the print edition of the Fall 2014 Bar Journal, please visit our online store.

Back issues of Bar Journal are also available.