Friday, November 8, 2024

9:00 - 9:30

Teatro Studio Borgna

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Details

Emily Gould, Institute of Art and Law, Builth Wells, United Kingdom This talk will explore how the law is responding to new technologies as they are being deployed within the creative sectors, comparing the approach in different jurisdictions. NFTs and blockchain technologies exploded into the art world in 2021 and have had mixed fortunes since. In the past 18 months they have been overshadowed by AI, which has presented new opportunities for museum practice in many areas. Both of these new technologies present legal and ethical challenges to museums and public institutions keen to benefit from what they offer on many fronts. Use cases for both technologies might involve: securing provenance and establishing authenticity; rights management; archiving and record keeping; loan management; audience engagement; storage and conservation. Regulation of both technologies is in its infancy. Case law is developing around NFTs, as well as AI, but legislation is scantin many jurisdictions. The recently adopted EU AI Act is world-leading and set to enter into force over coming months and years, but its impact is yet to be felt. In the UK, a laissez faire approach is currently in evidence and in the US, whilst legislation is not yet formulated, case law is developing more rapidly. One of the principal issues raised for museums around both these technologies is copyright law. Guidance will be offered on how museums can navigate the complex questions which arise and what best practice principles are emerging.