Legal Guide for the Visual Artist

by Tad Crawford, M. J. Bogatin

Overview

An updated edition of the legal art classic.
 
Legal Guide for the Visual Artist is a classic guide for artists. This sixth edition 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. It has been over twelve years since the fifth edition was published, and so much has changed in the world since that time, especially in the law and artists’ legal rights and obligations. This edition has been updated for both a new generation of visual artists and for those who have purchased earlier editions.
 
Among the many new topics covered in this comprehensive guide are: copyright fair use transformative rights; recognition of the rights of temporal street art in the Five Pointz VARA case; the demise of California’s Resale Royalty statute; NFTs; 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.
 
Legal Guide for the Visual Artist is a must-have for any visual artist hoping to share, sell, display, or publish their art.
 

Product Details

ISBN-13:	9781621538127
Publisher:	Allworth
Publication date:	08/30/2022
Sold by:	SIMON & SCHUSTER
Format:	eBook
Pages:	336
File size:	7 MB

About the Author

Tad Crawford served as General Counsel to the Graphic Artists Guild and taught law for artists at the School of Visual Arts. He is the author of numerous books for creative professionals, including The Artist-Gallery Partnership and Business and Legal Forms for Artists. Other books by him include The Secret Life of Money and the novel titled A Floating Life. The founder and publisher of Allworth Press, he lives in New York City.

M. J. Bogatin is a founding member of the San Francisco Bay Area law firm of Bogatin, Corman & Gold. For over forty years, his practice has emphasized art, entertainment, and intellectual property law. His visual arts practice includes representation of artists with large public art commissions and moral rights litigation claims. He has served as Chairman of the Board of California Lawyers for the Arts and as general counsel to many nonprofit arts organizations. He maintained a bLAWg on visual art licensing for several years, and regularly serves as a featured speaker on artists’ legal rights for both live audiences and in webcasts online.

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