Legal Guide for the Visual Artist

by Tad Crawford

Overview

This classic guide for artists is completely revised and updated to provide an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. Among the many new topics covered in this comprehensive guide are: detailed coverage of the myriad developments in copyright (including online copyright registration procedures and use of art on the Internet); changes in laws protecting artists in artist-gallery relationships are explained in depth; scope of First Amendment protections for graffiti art and the sale of art in public spaces; detailed as well as new cases dealing with art and privacy; and a model contract for Web site design and much more. The book also covers copyrights, moral rights, contracts, licensing, sales, special risks and protections for art and artists, book publishing, video and multimedia works, leases, taxation, estate planning, museums, collecting, grants, and how to find the best professional advisers and attorneys. In addition, the book suggests basic strategies for negotiation, gives information to help with further action, contains many sample legal forms and contracts, and shows how to locate artists' groups and Volunteer Lawyers for the Arts organizations.

Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.

Product Details

ISBN-13:	9781581157710
Publisher:	Allworth
Publication date:	09/14/2010
Sold by:	SIMON & SCHUSTER
Format:	eBook
Pages:	304
File size:	5 MB

About the Author

Tad Crawford grew up in the artists' colony of Woodstock, New York. He is the author of many nonfiction books and his writing has appeared in venues such as Art in America, the Café Irreal, Confrontation, Communication Arts, Family Circle, Glamour, Guernica, the Nation, and Writer's Digest. The founder and publisher of Allworth Press, he lives in New York City.

Read an Excerpt

This is the fifth edition of Legal Guide for the Visual Artist. The book has a broad scope and uses "visual artist" to include cartoonists, craftspeople, graphic designers, illustrators, painters, photographers, printmakers, sculptors, and textile designers. All of the people in these categories are artists, and all need and will benefit from the information offered in this book.

What I find remarkable in looking back to 1977 when I wrote the first edition of Legal Guide is how legal protections have expanded for artists and how technology has changed the way in which information, including the information contained in art, can be processed and disseminated to the public. The text will elaborate these themes, but certainly the passage of the Visual Artists Rights Act and the rapid evolution of digital technologies are dramatic examples of the legal and technological changes affecting artists.

Art law, although drawn from many areas of the law, has developed more and more into a distinct entity over the last fifty years. Legal Guide for the Visual Artist seeks to introduce artists to the legal issues of both art in commerce and artists' rights. It deals with each of the sequence of issues that begin as soon as the artist contemplates creating a work of art, including copyright, contracts of all types, taxes, estate planning, and public support for artists.

Action in the legal sphere may appear to be an anomaly for the artist involved with creative work. Perhaps, as Carl Andre suggests, the artist should seek to withdraw from the art world and the dangers of success. Yet the artist seeking to earn his or her living from an art career must focus on art as commerce, what Andy
Warhol calls being "a business artist."

All artists, whether they agree with Carl Andre or Andy Warhol, must be capable of resolving business and legal issues. In this respect, a greater familiarity with art law and other sources of support will help the artist. Artists should never feel intimidated, helpless, or victimized. Legal and business considerations exist from the moment an artist conceives a work or receives an assignment. While no handbook can solve the unique problems of each artist, the artist's increased awareness of the general legal issues pertaining to art will aid in avoiding risks and gaining benefits that might otherwise pass unnoticed.

Artists' Groups
Artists' groups provide a valuable support network. There are too many of these groups across the country to mention each by name, but those with a special interest in artists' rights, including legal and business issues, are listed in the Appendix on pages 251-257.

Many of the groups offer newsletters and other information services of value to their members.
A few provide legal services, while others lobby for legislation favorable to artists. Health, life, and even automobile insurance are frequently offered at group rates. Some of the groups promote art by sponsoring shows, publishing books, or maintaining slide registries of art.

Within the boundaries of the antitrust laws, certain groups publish surveys to help members determine fair pricing practices. A number of the groups have codes of ethics, which dictate standards for both business and art practices in the profession.

Joining an artists' group can be an important step for an artist in terms of protecting rights and advancing his or her professional prestige.

Lawyers for the Arts
The search for a lawyer is often time-consuming and disheartening. Not only are fees high, but many lawyers are not knowledgeable about the issues encountered by artists. Standard techniques for finding a lawyer include asking a friend who consulted a lawyer for a similar problem, calling a local bar association's referral service, or going to a legal clinic. All of these approaches have merits, but today the artist may be able to locate a knowledgeable lawyer with far greater precision.

The very definition of an area of the law as "art law" is an encouraging sign for the expertise lawyers will bring to the artist's problems. The literature and educational programs for lawyers have vastly increased. Many law schools now offer art-law courses and bar associations are paying greater attention to art and the artist. The Selected Bibliography shows how many art-law books are now available for lawyers.

Equally encouraging are the lawyers across the country volunteering to help needy artists. Both volunteer lawyers' groups and artists' groups, several of which maintain rosters of attorneys who will help members at a reduced fee, are good resources to use when seeking a lawyer with art-law expertise. Such referrals may result in finding lawyers who either do not charge or work at more affordable rates. Up-to-date information on the volunteer lawyers closest to a specific location can be obtained from one of the following established groups:

CALIFORNIA
California Lawyers for the Arts
(calawyersforthearts.org)
Fort Mason Center
Building C, Room 255
San Francisco, CA 94123
[phone]
[e-mail] or
1641 18th Street
Santa Monica, CA 90404
[phone]
[e-mail]

ILLINOIS
Lawyers for the Creative Arts
(law-arts.org/)
213 West Institute Place, Suite 411
Chicago, IL 60610
[phone]

NEW YORK
Volunteer Lawyers for the Arts
(vlany.org/)
1 East 53rd Street
New York, NY 10022
[phone]

The Visual Artists Information Hotline
The New York Foundation for the Arts operates a toll-free information hotline to help individual fine artists in almost any discipline. The hotline number is [phone]. The hotline operates Monday through Friday, from 3:00 to 5:00 P.M. eastern standard time. Artists may also e-mail their questions to [e-mail].

The hotline is primarily a referral service. The staff provides the details of a wide variety of programs and services that are available to artists. The hotline does not assist nonprofit groups.

Among the topics on which the hotline offers referral information are grants, fellowships, scholarships, workshops, slide registries, emergency funds, health and safety, insurance, artist communities, international opportunities, public art, studio space (for artists in Manhattan), legal information, job information, publications, exhibitions, competitions, how to apply for grants, and how to market art.

Value of the Legal Guide
Legal Guide for the Visual Artist trains the artist to think in a new way. It alerts the artist to issues that are likely to trap the unwary. It opens doors to those who seek to better their business practices, increase their incomes, and protect their art. Knowing when it is advisable to consult with a lawyer can itself be a great asset.

The artist who conducts his or her business affairs with clarity and confidence gains not only a better livelihood but also peace of mind. It is for those artists who seek self-reliance, confidence, and success that Legal Guide for the Visual Artist will be most valuable.

Table of Contents

1 The Business of Art 1

2 Copyright: Gaining and Keeping Protection 3

3 Copyright: Registration 19

4 Works-Made-for-Hire, Employees, and Independent Contractors 29

5 Copyright: Infringement, Fair Use, Compulsory Licensing, Permissions, Orphan Works, and Copyleft 35

6 Copyright and the Digital Revolution 53

7 Moral Rights 65

8 Other Protections for Artists 75

9 Risks in the Content and Creation of Art 85

10 Contracts: An Introduction 97

11 Original Art: Sales and Rentals 105

12 Private and Public Art Commissions 117

13 Unique Art and Limited Editions 125

14 Gallery and Agent Representation and Agreements 137

15 Photo and Design Services and Sales of Reproduction Rights 151

16 Merchandise Licensing 171

17 Publishing Contracts 179

18 Artists' Business Formalities and Services 193

19 Video Artworks 207

20 Multimedia Contracts 215

21 Studios and Leases 219

22 Taxes: Income and Expenses 225

23 Taxes: Beyond Schedule C 235

24 Taxes: The Hobby Loss Challenge 243

25 Taxes: Who Is an Employee? 249

26 The Artist's Estate 255

27 Artists and Museums 265

28 The Artist as a Collector 271

29 Grants and Public Support for the Arts 277

30 How to Avoid or Resolve Disputes with Clients 287

Appendix: Artists Groups and Organizations for the Arts 293

Selected Bibliography 299

Index 301