Often, we take for granted the intricate machinations behind local events that become part of the fabric of our lives. As an estate planning law firm in Maryland, we are accustomed to the layers of complexity behind legal documents and agreements. Yet even we found ourselves intrigued by recent events involving the Baltimore Office of Promotion & the Arts (BOPA) and the Artscape festival.
Artscape, a beloved annual cultural event, has been organized and executed by BOPA since 2004. Interestingly, the city funds BOPA, which is run by a private board. This unique public-private partnership structure gives rise to some fascinating dynamics.
In a recent turn of events, BOPA attempted to trademark Artscape in November 2021. This move would have given BOPA control over the use and marketing of the Artscape festival trade name for years to come. However, the Baltimore City law department and an outside law firm hired by the city opposed this trademark registration, arguing that BOPA did not rightfully own the festival. Notably, the city's contract with BOPA explicitly states that BOPA agrees not to "grant any rights in or to any copyright, trademark, or other intellectual property in which it may have an interest to any other entity without the express written permission of the City".
The city law department's successful opposition is a testament to the vigilance and commitment of our local government to protect the city's interests, even in areas we may not have thought of before. It also highlights the complexities behind the scenes of local social events like Artscape. The story serves as a reminder that these events are not just about enjoyment and community building, but also about navigating the legal and bureaucratic landscape.
This incident also sheds light on the important role volunteers and community members play in local events. Beyond the legal complexities, these events rely on local participation and support. In this context, BOPA's failed trademark attempt can be seen as a reminder that Artscape belongs to the community, not just a single entity. The festival is a collective endeavor that brings together artists, volunteers, and community members. It symbolizes the strength and vibrancy of our local culture.
Looking ahead, we see potential for increased community engagement and participation. With the complexities of managing Artscape now more public, there might be a renewed appreciation for the volunteers and organizers who make such events possible. Perhaps it's time to consider if there are more ways, we as community members, can contribute to these hallmark events.
In conclusion, while our local government is sometimes engaged in things, we may not have thought of before, these are crucial efforts to ensure the collective ownership and success of our cherished local events. The Artscape story serves as an interesting case study, reminding us of the intricate dance behind local events and the importance of community participation. The behind-the-scenes complexities are not just legal but also a testament to the spirit of our community.
After a COVID-related hiatus in 2019 Artscape returns to Baltimore for 5 days, from September 20 – 24. Visit https://www.artscape.org/for more information.
