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 co-founded Implement Legal to provide copyright, trademark, and transactional counsel to creative businesses that need a lawyer who understands the ecosystem, not just the law.

My dissertation examined appropriation art and fair use doctrine in the 1990s and 2000s. Richard Prince, Sherrie Levine, Jeff Koons. The argument I kept making: transformative use doctrine had become cover for powerful artists to strip-mine working creators — treating their work as raw material, not authorship. In 2023, Andy Warhol Foundation v. Goldsmith landed on the same conclusion. I’d been waiting eleven years for that decision.

Now tech companies run the identical argument to justify training AI on copyrighted work without permission or payment. The extraction logic doesn't change. It just finds a new vehicle.

Before law, I ran museums and arts organizations — including the Black Mountain College Museum + Arts Center. That matters because I've sat on the other side of the table. 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 will be at the next ten openings. That's the ecosystem I work in. The law has to account for it.

My practice covers copyright strategy and enforcement, trademark prosecution and defense, business acquisitions and sales, licensing agreements, gallery representation contracts, commission structures, and estate planning. Galleries, production companies, agencies, creative businesses navigating complex IP challenges.

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 teach IP law in workshops and lectures at universities and cultural institutions — current cases, live contract problems, the stuff that's actually happening.

Writing

I write two newsletters.

The Secret Weapon on LinkedIn is for creative business owners who need to understand IP strategy without a law degree. How fair use actually works. What trademark protection means for your brand. How to read a contract before you sign it.

Protect Your Magic on Substack connects IP law to commons scholarship and feminist analysis. The argument running through it: what looks like a series of isolated legal disputes is one recurring story — about who gets to extract value from shared creative resources, and who doesn't.

Selected Talks