Peter J. Caruso II

Peter represents artists, art organizations, museums, and galleries. He understands accession, deaccession, and provenance. Experienced in business and corporate matters, Peter is versed in art import and export, stolen art, and provides expertise on the protection of trademark, copyright and intellectual property rights, as well as both First Amendment and privacy issues.

He has counseled artists and media publications in the areas of copyright, trademark, and fair use; he has conducted prepublication and prebroadcast reviews for newspapers and radio stations; and he has defended artists, galleries, museums, media outlets, and individuals in defamation cases.

Peter is one of the drafters of the Massachusetts Art Consignment Statute (MGL 104A), which was enacted to afford additional protection to consignors of fine art. He is a lecturer in the Boston University Arts Administration Master’s Program, teaching “Legal Aspects of Arts Administration” to master’s candidates. Peter is an active panel attorney with the Volunteer Lawyers for the Arts of Massachusetts, handling pro bono and reduced-fee art law cases, and also serves as a primary lecturer in the VLA Artist’s Toolbox program.

Peter also specializes in the representation of traditional and online media entities, advertising agencies, and marketing organizations in development, structure, compliance, production, and advertising and promotional package execution. He skillfully balances the client’s creative vision with his depth of knowledge and expertise in the area of regulatory oversight. He also heads the firm’s Advertising and Promotions industry group.

Peter’s practice includes assisting clients in ensuring compliance with federal, state, and local laws and regulations, industry regulations, and voluntary industry self-regulatory provisions. His background includes experience with the FTC’s negative option plans and endorsements regulations, the FTC’s Telemarketing Sales Rule, the FTC’s “do not call” provisions, the use of the word “free,” rules and regulations governing competitive claims and substantiation requirements, and CAN-SPAM.

His practice includes the development and review of rules, terms of use, and sweepstakes and contest disclosures, eligibility, liability, and publicity releases in all forms of media. Peter also reviews sweepstakes and contests for compliance with federal and state laws and industry regulations, including the Deceptive Mail Prevention and Enforcement Act of 1999 and the Telemarketing Sales Rule.

In addition, Peter has assisted in the implementation of new technology promotions through the use of mobile marketing, email, user-generated content promotions, behavioral marketing campaigns, data aggregation, Web-based marketing promotions, and telecommunications.

Peter founded and is the principal contributor to the firm’s first museum law-related blog, a resource to inform curators, directors, trustees, donors, archivists, and museum patrons of news and information regarding museum law.

  • Suffolk University Law School, J.D., cum laude, 1996
  • Colby College, B.A., cum laude, 1993
  • Massachusetts
  • New Hampshire
  • United States Court of Appeals for the First Circuit
  • United States District Court for the District of Massachusetts
  • United States Supreme Court
  • Boston Ad Club
  • Direct Marketing Association (DMA)
  • Essex Bar Association
  • Massachusetts Bar Association
  • Massachusetts Biotechnology Council
  • Promotion Marketing Association (PMA)
  • 2010-present: Named a “Rising Star” by “Massachusetts Super Lawyers” in the area of First Amendment/Media/Advertising
  • Co-chair, Boston Bar Association’s Arts, Entertainment, and Sports Law Committee

 

  • Adjunct Professor, Boston University (Arts Administration) 2007-Present
  • Panel Attorney for the Boston Volunteer Lawyers for the Arts
  • Former Chairman of the Board of Directors of the Essex Art Center
  • October 2017: Chair, “Native Advertising: What Is It and What Are the Perils,” and “Fair Use and Open Source Software,” What Every Business Lawyer Needs to Know About the Media Law Maze, MCLE event
  • September 2017: Presenter, “ASME Magazine Law Update 2017: Fake News, ‘Alternative Facts,’ and the Crisis of Media Credibility,” American Society of Magazine Editors
  • June 2015: Moderator, “Copyrights on the Street: Creating and Preserving Graffiti and Other Art in Public Spaces,” 2015 Annual Meeting of the Copyright Society of the USA
  • November 2013: Presenter, Business Law & Journalism Law for Magazine Editors, Association of Magazine Editors
  • October 2013: Presenter, “Copyrights, Contracts, and Other Legal Issues,” Danforth Art Museum Professional Artists Series
  • September 2013: Speaker, “Art Disputes: Who Owns International Artifacts?,” Boston Bar Association
  • March 2013 : Speaker, “Advertising, Marketing and Promotions Law: Risks and Challenges in the Digital Age,” New England Corporate Counsel Association
  • November 2012: Presenter, “Legal Briefing 2012,” American Society of Magazine Editors
  • September 2012: Panelist, “Sweepstakes, Promotions, and Social Media,” American Conference Institute’s Summit on Digital Advertising Compliance
  • May 2012: Moderator, UMass Lowell Nanotechnology Conference, “Intellectual Property: The Foundation for Successful Commercialization of Your Nanotechnology”
  • April 2012: Presenter, “Brand Protection in the Digital Age,” Prince Lobel seminar
  • December 2011: Panelist, Prince Lobel seminar, “Complex Risks in the Age of Social Media”
  • June 2011: Faculty, “Advertising Law: Trends and New Developments,” Massachusetts Continuing Legal Education event
  • March 2011: Speaker, “Piecing Together the Interlocking and Overlapping Regulatory Regimes for Corporate Use of Social Media: Who Regulates What? What are the Enforcement Priorities?” Law Seminars International
  • February 2011: Faculty, “Copyright, Privacy & Defamation in Cyberspace,” Massachusetts Continuing Legal Education event
  • December 2009: Panelist, “Protecting Your Newspaper in the Digital Age,” Massachusetts Newspaper Publishers Association Annual Meeting
  • December 2009: Panelist, “Entertainment Law Practice in the Digital Age: New Developments,” Boston Bar Association Symposium
  • October 2009: Presenter, 28th Annual ASA Advanced Business Valuation Conference, “Data Retention and Security”