Philippa Malas is a European intellectual property lawyer, writer and art historian with 20 years’ experience and expertise in the overlap between art, photography, and law. She is based in London and Frankfurt.
With a background in law, art history and fine art, her writing and research explores classical concepts of intangible property alongside privacy, human rights relating to freedom of expression, data, computer science and machine learning. At the centre is a curiosity for examining the way legal norms and frameworks are being tested by digital ecosystems which function as de facto private states. She is particularly interested in how 21st century digital visual culture sits in tension with traditional property frameworks and rights.
Technology moves fast. The law moves slowly.
She has written on visual culture, in particular photography and law since 2012 in specialist and art publications and convened one of the first postgraduate degrees exploring art and law as Head of Law for the Christie’s London and the University of Glasgow MSc in Art, Law and Business. Prior to Brexit, she was based at the European Court of Justice in Luxembourg in the cabinet of AG Dame Sharpston KC.
For many years Philippa was the legal columnist for Source Photographic Review and a contributing editor to legal practitioner text Copinger and Skone James on Copyright. She speaks at events and hosts panel discussions internationally.
In professional legal practice she has successfully advised on actions in the English courts (IPO, IPEC, and High Court) and on appeal to the EU’s General Court in Luxembourg. Her areas of expertise fall within the scope of trade marks, copyright, and data/privacy alongside emerging law relating to machine learning (artificial intelligence).
She offers legal advisory services in the UK and EU, via referral. Clients include fashion and jewellery brands, publishing houses, literary associations, independent film bodies, music composers and producers, world-renowned manufacturers of sound and stage equipment, and high-end food and drink producers. Commercially, she advises on general art market transactions including support for auction buyers.
Philippa continues to act on a pro-bono basis for early-career photographers and artists who need support with contracts, licensing or infringement claims.
In a previous life, she narrowly avoided writing a DPhil on intercultural influence in 13th century Syriac, Arabic and Byzantine illustrated manuscripts.