Peter J. Caruso II Partner

pcarusoii@PrinceLobel.com

617 456 8034

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Peter J. Caruso II is a member of Prince Lobel’s Media and Intellectual Property Group practice groups, and leads the firm’s Advertising and Promotions industry group. Peter 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. Peter skillfully balances the client’s creative vision with his depth of knowledge and expertise in the area of regulatory oversight.

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 also 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, e-mail, user-generated content promotions, behavioral marketing campaigns, data aggregation, Web-based marketing promotions, and telecommunications.

Peter also actively represents artists, art organizations, museums, and galleries. His services include the protection of trademark, copyright and intellectual property rights, First Amendment issues, accession, deaccession, stolen art, privacy issues, art import and export, provenance, privacy, and business and corporate matters.

Peter represents the interests of both local and national newspapers, magazines, publishers, broadcasters, bloggers, and website operators. He has counseled artists and media publications in the areas of copyright, trademark, and fair use, conducted prepublication and prebroadcast reviews for newspapers and radio stations, and 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.

After a consignment shop closed its doors, his work in securing the release of more than a thousand pieces of art from federal bankruptcy through the prosecution of claims under the Massachusetts art consignment statute earned him the VLA’s annual “Robert B. Fraser” award as a pro bono counsel of the year in 2004.

Peter founded and is the principal contributor to the firm's first museum law-related blog. The blog is a resource for curators, directors, trustees, donors, archivists, and museum patrons to inform them of current trends in museum law.

After law school, Peter served as an associate and then managing partner of Caruso & Caruso, LLP in Andover, MA.

Selected Publications and Seminars

“Whose Art Is It?” ArtsEditor, December 1999 Issue. (Article dissects Art Preservation Act of Massachusetts)

“To Buy or Not to Buy.” ArtsEditor, August 2000 Issue. (Protecting Collectors from Stolen Art)

Making Art and Making a Living. Arts Foundation of Cape Cod April 2001. Featured Lecturer.

Artist’s Survival Series, Panelist on Copyright and Licensing for Artists, Spring 2001 Symposium. Featured Lecturer.

Boston University Law School Arts Law Association Career Panel, 2000. Panelist.

Volunteer Lawyers for the Arts/Women’s Union Lecture Series. Lecturer. Consignment Agreements and Licensing Agreements for the Modern Artist.

Demystifying the Artist Gallery Agreement. Lecturer. University of Massachusetts, Dartmouth. February 2002.

Gallery Contracts. Lecturer. N2K Conference. Lesley University. October 2002.

Current Legal Issues in the Art World. Lecturer. Boston Bar Association Entertainment & Sports Law Committee. March 2003.

Artist Toolbox, Volunteer Lawyers for the Arts. Lecturer. Copyright, Trademark and Intellectual Property for the Artist. 2005-2006 Session.

Artist Toolbox, Volunteer Lawyers for the Arts. Lecturer. Real Estate Law for the Artist. 2005-2006 Session.

Artist Toolbox, Volunteer Lawyers for the Arts. Lecturer. Estate Planning for the Artist. 2005-2006 Session.

Artist Toolbox, Volunteer Lawyer’s For the Arts. Lecturer. Copyright, Trademark and Intellectual Property for the Artist. 2006-2007 Session.

Artist Toolbox, Volunteer Lawyer’s For the Arts. Lecturer. Real Estate Law for the Artist. 2006-2007 Session.

Artist Toolbox, Volunteer Lawyer’s For the Arts. Lecturer. Estate Planning for the Artist. 2006-2007 Session.

Bar Admissions

United States Supreme Court
United States District Court for the District of Massachusetts
United States Court of Appeals for the First Circuit
Massachusetts
New Hampshire

Education

Suffolk University Law School, J.D., cum laude, 1996
Colby College, B.A., cum laude, 1993

Memberships

Boston Ad Club
Direct Marketing Association (DMA)
Essex Bar Association
Massachusetts Bar Association
Massachusetts Biotechnology Council
Promotion Marketing Association (PMA)

Professional Activities

Adjunct Professor, Boston University (Arts Administration) 2007-Present
Former Chairman of the Board of Directors of the Essex Art Center
Panel Attorney for the Boston Volunteer Lawyers for the Arts