Fordham Law held its Intellectual Property, Media & Entertainment Law Journal Symposium on October 7, celebrating the thirtieth anniversary of the event.
The symposium, titled “Duplicate, Decolonize, Destroy: Current Topics in Art and Cultural Heritage Law,” featured experts on art law from both the academic and practitioner side. The event was held as a hybrid program, with over 400 people registered to attend over Zoom.
“The [IPLJ] is one of the leading journals in the field and has published fantastic pieces by both outside authors, Fordham faculty members, and students, over the past decades,” said Dean Matthew Diller at the event. He added that “Fordham Law is a major hub around issues of intellectual property, media, entertainment, information, and related fields,” citing the IPLJ, The Fashion Law Institute, The IP Institute, and Center for Law and Information Policy, as well as several IP-related clinics.
During the all-day event, panels were presented on a number of topical subjects, including the question of fair use in the ongoing U.S. Supreme Court case Warhol v. Goldsmith, the role of museums in repatriating objects to their country of origin, and the destruction and theft of art and cultural heritage during wars and armed conflicts.
In the keynote address, Irina Tarsis, founder and managing director of the Center for Art Law, highlighted art law issues related to the ongoing war in Ukraine.
Tarsis outlined the current risks posed to cultural heritage in Ukraine, which is home to seven United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Sites, including the St. Sofia Cathedral in Kyiv. Currently, UNESCO has found that 190 other cultural heritage sites have been damaged during the war, while the Ukrainian figures put that number at around 300, said Tarsis.
She also noted the widespread efforts by Ukrainians and non-Ukrainians, and by lawyers and non-lawyers, to protect cultural heritage in the country.
“Immediately after the Russian invasion of Ukraine, there were many statements made by international organizations, national organizations, and art historians,” said Tarsis. “There’s really an astounding number of reports, conferences, and efforts underway.”
Tarsis noted that the International Council of Museums was putting together an emergency list for Ukrainian heritage risks and, in the United States, Attorney General Merrick Garland had announced a sanctioned persons list which, among other things, makes it illegal for sanctioned persons to import luxury goods into the Russian Federation, and move or sell items from their art collections.
Tarsis addressed the audience via Zoom from Zurich, Switzerland, where a recent controversy over art displayed at the Kunsthaus museum has grabbed headlines. The art in question was part of the large collection of Emil Bührle, who earned his fortune selling arms to Nazi Germany. Some of the items in Bührle’s collection were looted and stolen from Jewish collectors.
Tarsis noted that the same situation should be avoided in the current conflict in Ukraine. “I think we can avoid a lot of embarrassment for our kids down the line, and not have the Bührle-like shameful cultural legacy hanging over us,” she said. “Ukraine will be victorious. Sadly, at a great human and cultural heritage cost.”