Legal Issues in Museum Administration
What You Will Learn
Legal Issues in Museum Administration is intended to provide museum directors, administrators, trustees, legal counsel, and others who are concerned with museum operations, with an awareness of the legal problems and issues they will encounter. Although primary emphasis is on new materials, the course is structured so that considerable familiarity with the subject matter is not required. Every attempt is made to provide practical information and to present ways of avoiding and solving expected problems. Although all questions are presented from the legal point of view, no attempt is made to draw an arbitrary line between legal aspects and matters of policy. Time is reserved throughout the program to address registrants' written questions.
Faculty
STEERING COMMITTEE (most also on faculty)
James R. Gilson, Vice President and General Counsel, Natural History Museum of Los Angeles County, Los Angeles
Fredric H. Goldstein, General Counsel, Los Angeles County Museum of Art, Los Angeles, Faculty Coordinating Co-chair
Lauryn H. Guttenplan, Associate General Counsel, Smithsonian Institution, Washington, D.C., Program Co-Chair
Rebecca L. Murray (not presenting), Associate Counsel, Metropolitan Museum of Art, New York
Christine Nicholson, Associate General Counsel, Smithsonian Institution, Washington D.C., Arrangements Chair
Dean Phelus (not presenting), Director of Meetings and Professional Education, American Association of Museums, Washington, D.C.
Stephen K. Urice, Associate Professor of Law, University of Miami School of Law, Coral Gables, Florida, Faculty Coordinating Co-chair
Maureen Whalen, Associate General Counsel, The J. Paul Getty Trust, Los Angeles, Program Co-Chair
FACULTY
Deborah Edge Abele, Historic Preservation Officer, City of Scottsdale, Scottsdale, Arizona
Nancy R. Adelson, Associate General Counsel, Museum of Modern Art, New York
Leesha M. Alston, Registrar, Phoenix Art Museum, Phoenix
Ford W. Bell, President, American Association of Museums, Washington, D.C.
Lawrence H. Berger, General Counsel, Philadelphia Museum of Art, Philadelphia
Garry J. Cantley, Regional Archeologist, Bureau of Indian Affairs, Western Regional Office, Phoenix
Stephen W. Clark, Deputy General Counsel, Museum of Modern Art, New York
Brendan M. Connell, Jr., Director and Counsel for Administration, The Solomon R. Guggenheim Foundation, New York
Francesca Esmay, Conservator, Dia Art Foundation, New York
Sharon E. Farb, Associate University Librarian for Collection Management and Scholarly Communication, UCLA Library, Los Angeles
Lori E. Fox, Acting Vice President, General Counsel, and Secretary, The J. Paul Getty Trust, Los Angeles
Grady Gammage, Jr., Gammage & Burnham, Phoenix
Sara Geelan, Associate General Counsel, The Solomon R. Guggenheim Foundation, New York
Richard Goldsmith, Lewis and Roca LLP, Phoenix
Kirstie Howard, Assistant Counsel, Metropolitan Museum of Art, New York
Christy L.E. Hubbard, Lewis and Roca LLP, Phoenix
John E. Huerta, General Counsel, Smithsonian Institution, Washington, D.C.
Diane J. Humetewa, Senior Litigation Counsel/Tribal Liaison, United States Attorney's Office, Phoenix
Sherry Hutt, Program Manager, National NAGPRA Program (Native American Graves Protection and Repatriation Act), National Park Service, Washington, D.C.
Stephen J. Knerly, Jr., Hahn Loeser + Parks, LLP, Cleveland
Thomas J. Loughman, Curator of European Art, Assistant to the Director for Exhibitions, Phoenix Art Museum, Phoenix
Connie J. Mableson, Dodge, Anderson, Mableson, Steiner, Jones & Horowitz, Ltd., Phoenix
Sharon Moore, Registrar, The Heard Museum, Phoenix
Karyn L. Osterman, Legal Counsel, Intellectual Property, Frank Lloyd Wright Foundation, Scottsdale, Arizona
Marcus S. Owens, Caplin and Drysdale, Washington, D.C.
Maria Pallante, Deputy General Counsel, U.S. Copyright Office, Washington, D.C.
James B. (Rocky) Query, Senior Vice President, Public Finance, Lehman Brothers, Inc., Philadelphia
Virginia Rutledge, Vice President and General Counsel, Creative Commons, San Francisco
Julian F. Saenz, Associate General Counsel, National Gallery of Art, Washington, D.C.
Marsha S. Shaines, Deputy General Counsel, Smithsonian Institution, Washington, D.C.
Katie Stone Sonnenborn, Senior Associate, Director's Office, Dia Art Foundation New York
Greg Stevens, Assistant Director for Professional Education, American Association of Museums, Washington, D.C.
Margo Stipe, Registrar, Frank Lloyd Wright Archives, Frank Lloyd Wright Foundation, Scottsdale, Arizona
Nancy E. Weiss, General Counsel, Institute of Museum and Library Services, Washington, D.C.
ALI-ABA Staff Attorney: Kevin J. O'Connor, Senior Assistant Director, Office of Courses of Study
A limited number of full tuition scholarships are available for those who cannot attend Legal Issues in Museum Administration without financial support. Persons interested in applying for scholarship assistance should submit a statement justifying their scholarship request and a personal resume to: Museum Scholarships, Alexander Hart, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA 19104-3099. Scholarships are awarded on the basis of professional relevance and financial need. Scholarship applications must be received by Friday, February 29, 2008 (NOTE: DEADLINE EXTENDED!). This course is supported in part by contributions from Caplin & Drysdale, Gammage and Burnham, Lewis and Roca LLP, Nixon Peabody LLP, Aon Huntington T. Block Insurance, The Heard Museum, and Taliesen West.
Program Schedule
TUESDAY, APRIL 1, 2008
4:00 - 6:00 p.m. Early Registration
WEDNESDAY, APRIL 2, 2008
7:30 a.m. Registration and Continental Breakfast
Webcast Segment A
8:00 a.m. Introduction to Intellectual Property Licensing - Mss. Hubbard and Mableson
8:45 a.m. Continental Breakfast (continued)
9:00 a.m. Introductory Remarks - Mss. Guttenplan and Whalen
9:15 a.m. Intellectual Property: Licenses, Model Forms, and Emerging Standards - Mss. Adelson (Moderator), Farb, and Rutledge
10:30 a.m. Networking Break
10:45 a.m. Mock License Negotiation - Frank Lloyd Wright Images and Trademark - Mss. Guttenplan (Moderator), Osterman, Pallante, and Stipe
11:30 a.m. Intellectual Property: Current Issues - First Amendment and Fair Use - Mss. Adelson (Moderator), Mableson, and Rutledge
12:15 p.m. Questions and Answers
12:30 p.m. * Box Lunch (facilitated networking lunches) • Registrars - Mss. Alston and Moore
• Archives and libraries - Ms. Weiss
• Small museums - Ms. Mableson
• Curators - Messrs. Clark and Loughman
• IT/web - Mss. Hubbard and Whalen
• Museum outside counsel - Mr. Knerly
Webcast Segment B
2:00 p.m. Introduction to Governance and Conflicts of Interest - Professor Urice
2:45 p.m. Conflicts of Interest and Governing Boards - Ms. Fox and Messrs. Goldsmith and Urice (Moderator)
3:45 p.m. Networking Break
4:00 p.m. Conflicts of Interest and Museum Personnel: Outside Employment, Volunteer Activities, and Board Service - Messrs. Connell and Goldstein (Moderator) and Ms. Nicholson
5:00 p.m. Questions and Answers
5:30 p.m. Adjournment for the Day
6:30 p.m. Networking Reception for Registrants and Faculty at and Hosted by the Heard Museum
THURSDAY, APRIL 3, 2008
7:30 a.m. Continental Breakfast
Webcast Segment C
8:00 a.m. Digital Asset Management and Metadata - Mss. Farb and Whalen
8:45 a.m. Continental Breakfast (continued)
9:00 a.m. Plenary Address: State of Museums - Mr. Bell
9:45 a.m. Tax and Legislative Update - Mr. Saenz and Ms. Shaines
10:30 a.m. Networking Break
10:45 a.m. Selected Policy and Research Initiatives Update - Mss. Weiss and Whalen
11:15 a.m. Litigation Update - Messrs. Clark and Urice
12:00 noon Questions and Answers
12:15 p.m. Lunch Break
Webcast Segment D
1:30 p.m. Election Year 2008: Lobbying, Advocacy, and Election Activities - Ms. Geelan and Messrs. Knerly (Moderator) and Owens
2:30 p.m. Questions and Answers
2:45 p.m. Concurrent Sessions
Intellectual Property - "Ask the Lawyer" - Mss. Hubbard and Pallante
* Legal Issues of Financing Strategies - Messrs. Berger and Query
* In-kind Gifts and Development Issues - Mss. Geelan and Shaines and Mr. Saenz
4:00 p.m. Networking Break
4:15 p.m. Concurrent Sessions
* Collections - "Ask the Lawyer" - Messrs. Clark and Knerly
* Historic Preservation Law and Practice - Ms. Abele and Mr. Gammage
Ethics-The Relationship Between General Counsel and the Board - Messrs. Berger and Huerta and Ms. Fox
5:30 p.m. Adjournment for the Day
6:00 p.m. Networking Reception for Registrants and Faculty at Taliesin West (Frank Lloyd Wright Foundation and School of Architecture)
FRIDAY, APRIL 4, 2008
7:30 a.m. Continental Breakfast
Webcast Segment E
8:00 a.m. Legal Overview of the U.S. Heritage Protection Laws - Ms. Hutt
8:45 a.m. Continental Breakfast (continued)
9:00 a.m. Overview: Museums with Anthropological, Archeological, and Federal Collections - Ms. Hutt
9:15 a.m. Collecting on Public Lands - Permits, Compliance, and Law Enforcement - Mr. Cantley and Mss. Guttenplan (Moderator) and Humetewa
10:15 a.m. Networking Break
10:30 a.m. Recent Cases in U.S. Cultural Property - Ms. Hutt
11:00 a.m. Preservation Issues for Art in the Landscape - Mss. Esmay and Sonnenborn and Mr. Goldstein (Moderator)
12:00 noon Questions and Answers
12:20 p.m. Closing Remarks
12:30 p.m. Adjournment
* Sessions not recorded or webcast
Total 60-minute hours of instruction: 18.75, including 1.25 hours of ethics
Suggested Prerequisite: None
Educational Objective: Development of initial level of competency; acquisition of knowledge and skills; maintenance of professional competence; provision of information on recent legal developments
Level of Instruction: Orientation
Here's what registrants have said about this course:
"The planning and dedication that goes into this annual event is evident in all aspects of the course. Very well done."
"This was my first ALI-ABA conference. The course was recommended to my by an art law professor and my expectations were more than met. I am extremely impressed by the caliber and quality of the speakers and course materials provided. Thank you."
"The conference was fabulous. The entire conference was enormously informative, especially as we have no in-house legal backup. I'm hoping to be able to attend again sometime. But for now, the course book will become an important reference for me."
"Very informative and timely topics. Well organized. Friendly environment. Overall, excellent."
"Overall, the program was excellent. I was impressed with the presenters and subject matter as well as the materials."
"This was my first ALI-ABA course. The material was excellent, the course well organized. Good mix of legal and museum professionals. Great networking opportunity!"
