Katherine de Vos Devine writes about, teaches, and practices IP law at the intersection of art history, feminist analysis, and cultural economics.

Art historian turned IP attorney. I see the same extraction patterns in 17th-century enclosure movements and 21st-century AI training.

I'm an intellectual property attorney with a J.D. and Ph.D. in Art History from Duke University. I founded Implement Legal to provide copyright, trademark, and business acquisition counsel for creative businesses generating $100K-$3M annually.

My dissertation examined appropriation art and fair use doctrine from the 1990s through 2010s, studying the work of artists including Richard Prince, Sherrie Levine, and Jeff Koons. That research proved prescient: the 2023 Supreme Court decision in Andy Warhol Foundation v. Goldsmith validated my central argument that transformative use doctrine enables extraction by powerful artists from working creators treated as raw materials.

Now tech companies deploy the same legal arguments to justify training AI on copyrighted works without permission or compensation. Fair use doctrine, originally crafted to protect criticism and scholarship, has become a tool for capitalist extraction from shared creative resources.

Before practicing law full-time, I ran museums and arts organizations including the Black Mountain College Museum + Arts Center. That operational experience informs my legal practice: I understand creative business models from having operated them. I know what it's like when your gallery owner is also your friend, when your collaborator becomes your client, when the person across the negotiating table is someone you'll see at every opening for the next decade.

Copyright strategy and enforcement. Trademark prosecution and defense. Business acquisitions and sales for creative businesses. Licensing agreements, gallery representation, commission structures, estate planning. I serve galleries, production companies, agencies, and creative businesses navigating complex IP challenges.

Law

Advocacy

I serve on the College Art Association's Committee on Intellectual Property, shaping policy within creative communities rather than reacting to court decisions after the fact.

Teaching

I've taught Art & Entertainment Law at Queens University of Charlotte, bringing current litigation and contract negotiation into the classroom. I speak at conferences and cultural institutions on fair use, AI copyright litigation, and artist estate planning.

Writing

I write two newsletters: The Secret Weapon on LinkedIn examines strategic IP questions for creative businesses—how fair use actually works, what trademark protection means for your brand, how to negotiate. Protect Your Magic on Substack connects IP law to commons scholarship and feminist analysis, examining how powerful forces extract from shared creative resources in recursive enclosure movements.

Recent Public Speaking