Gale P. Elston

Att.

T: (917)414-3266 (212)255-8833

galeelston@yahoo.com

  • Areas of focus
  • Recognition
  • Education

Areas of focus

Admissions
- New York, 1984
- California, 1996
- U.S. Supreme Court
- U.S. District Court

Clients
Client #1 v. Warner Bros.
– Obtained recovery from Warner’s Bros. for muralist whose outdoor mural on a New York City building was used as a video game backdrop (copyright infringement action).

Client # 2 v. Retail Store
– Obtained recovery for a model whose unauthorized photo was used on clothing tags (right of publicity/ right of privacy action).
The Rivington School v. The City of New York, Civil Court, New York, NY
– Prohibited New York City from removing grand scale sculpture attached to three blocks of fence (copyright action). Radical Records Ltd v. Lollipop Productions, et. al. Federal District Court, Southern District of New York, City No. 04817, Filed 06/27/95, Settled 08/19/96.
– In this trademark action represented a “first comer” recording label whose label was used by a “second comer” international recording company.

Client #5 v. Hustler
– Obtained recovery for model whose unauthorized photo and real name were used in international Hustler edition (right of privacy/ right of publicity action).

Client # 6 v. Don Imus
– Obtained recovery for British artist hired to create to Don Imus’ Christmas card after Imus used same to promote his brother’s business (copyright/ limited extend of work for hire action).

Client #7 v. 1120, Avenue of the Americas, et. al. Index Civil filed on 02/23/95 in the United States. Federal District Court, Southern District of New York. Settled and Closed in 01/25/04.
– The client was an important sculptor whose work was improperly stored and dismantled, parts of it painted over. The copyright action brought resulted in causing the owners of the Hippodrome in New York City to restore and properly display this elegant Rockefeller era monumental pedestrian sculpture in its original position with appropriate cleaning, fresh patina, etc. The artist was honored with an exhibition and the proper display included a permanent exhibition of information about the artist.
– Published decision created new impression law.

Client # 8 v. Estate of Wilem de Kooning
–Obtained recovery for artist who cast works by the Studio of Willem de Kooning and Willem de Kooning.

Recognition

Taught Copyright, Trademark and Patent Law for Design Students of Karim Rashid,
Philadelphia, Pa. c. 1988
Taught Real Estate Law, Brooklyn Community College
Brooklyn, NY c. 1986
New York State Attorney’s General’s Office- Real Estate Finance Bureau 1982-1983
Reviewed Blue Sky Laws as applied to Cooperatives and Condominiums.
Bernard Walpin Law Offices, New York, NY 1983-1984
Represented Co-op and Condominium Boards, prepared Offering Plans, and general real estate practice.
Forman & Ziff Esqs, Brooklyn and Manhattan, NY
Admitted as Partner in 1987. Opened and operated New York City office.
Real Estate acquisitions, preparation of Private Placements and Condominium Conversations.
Law Office of Gale P. Elston, P.C., Owner and Manager of Firm 1988-2009
168 Duane Street, New York, NY 10013
Copyright Law, also copyright litigation and trademark litigation.
Represented artists and galleries, corporations, closely held corporations and partnerships.
Founded Ore Projekts, San Francisco Art Space, 2008.
850 Greenwich Street, San Francisco, CA 94133
Trustee, Headlands Center for the Arts, Marin County, Ca. 2007-2008
Founding Board Member of White Box, Alternative Art Space 2000-2009
Executive Director White Box, 3/08-3/09
329 Broome Street, Ne w York, NY
Directed operations of not -for -profit alternative art space, managed staff, grant writing, and exhibitions of cutting edge alternative art. Created educational program. See whiteboxny.org.
General Counsel for national and international art galleries and artists.
Represented the artists’ and galleries’ legal interests in Europe, Russia, New York and California.
Represented recording artists and the estates of visual and performing artists.
Elston Fine Arts, Ltd., 219 East 9th Street, New York, NY 10009
Owned and operated fine art gallery in Manhattan 1990-1992.
Board member of White Box Gallery, 525 W. 26th Street, New York, NY 10001

Teaching Experience
Adjunct Professor Law and Society, New York City College of Technology, 2013-present CUNY, 300 Jay Street, Brooklyn, NY
Copyright, Trademark and Patent Law for Design Students of Karim Rashid, Philadelphia, Pa. c. 1988

Legal Experience
New York State Attorney's General's Office, Real Estate Finance Bureau 1982-1983 Reviewed Blue Sky Laws as applied to Cooperatives and Condominiums.
Bernard Walpin Law Offices, New York, NY 1983-1984 Represented Co-op and Condominium Boards, prepared Offering Plans, and general real estate, transactional and general business practice.
Forman & Ziff Esqs, Brooklyn and Manhattan, NYC Admitted as Partner in 1987. Opened and operated New York City office. Real Estate acquisitions, preparation of Private Placements and Condominium Conversions.
Law Office of Gale P. Elston, P.C., Owner and Manager of Firm 1988-present Copyright Law, VARA and copyright litigation, trademark registration and litigation. Represented artists and galleries, corporations, closely held corporations and partnerships.
Founded Ore Projekts, San Francisco Art Space, 2008. 850 Greenwich Street, San Francisco, CA 94133
Trustee, Headlands Center for the Arts, Marin County, Ca. 2007-2008
Founding Board Member of White Box, Alternative Art Space 2000-2009 Executive Director White Box, 3/08-3/09 329 Broome Street, New York, NY Directed operations of not -for -profit alternative art space, managed staff, grant writing, and exhibitions of cutting edge alternative art. Created educational program. See whiteboxny.org.
General Counsel for national and international art galleries and artists.
Represented artists' and galleries' legal interests in Europe, Russia, New York and California.
Represented recording artists and the estates of visual and performing artists.
Elston Fine Arts, Ltd., 219 East 9th Street, New York, NY 10009 Owned and operated fine art gallery in Manhattan 1990-1992.
Retired founding Board member of White Box Gallery, 525 W. 26th Street, New York, NY 10001

Lectures
Deleuze and Territoriality, 2015, Saas Fee Summer Institute of art, Saas Fee, Switzerland
VARA and Social Art Practice, 2015, Laser Art Space, New York City

Education

Phd candidate, Philosophy, all but dissertation, 2015, The European Graduate School, Division of Philosophy, Art & Critical Thought

J.D., 1984, Benjamin N. Cardozo School of Law, B.A., Philosophy, Creighton University, Dean's List Real Estate Securities Certificate, New York University

Juris Doctorate 1983,

President, International Law Society; Editor, Annotated Women’s Bibliography

New York University, New York, NY, Real Estate Securities Certificate