Legal Stuff for Artists Archives

The Art Biz ep. 125: How to Legally Protect Your Creative Work with Kathryn Goldman

My conversation with intellectual property and internet law attorney Kathryn Goldman is a mini free workshop based on her Four Step Framework to help you identify, protect, monitor, and enforce your creative rights.

Do pay attention to late in the episode when Kathryn mentions the new FARE Contract, an opportunity for you to protect the future financial interests of your work.

The Art Biz ep. 125: How to Legally Protect Your Creative Work with Kathryn Goldman Read

Confronting your professional legacy with David Paul Bayles (15)

I have been concerned about artists’ legacies and what they are doing to prepare themselves and their loved ones for their passing. What happens to the work and the records after they’re gone?

David Paul Bayles tells us what his professional archives consist of, including his photos, writings, records, and audio files. He also gives us insight into the process of negotiating with an institution to preserve his work.

As you listen, pay careful attention to all of the people David has connected with along the way. His story is one of finding and nurturing connections.

Confronting your professional legacy with David Paul Bayles (15) Read

The Art Biz ep. 7: 4 Levels of Business Insurance for Artists

Business insurance!

That’s our topic for this Art Biz Podcast.

Listen in as Claudia McClain, founder of HomeBusinessInsurance.com, addresses the various levels of an artist’s career and the kinds of insurance you need at each point.

You never think about business insurance until someone asks to see your certificate of insurance or, more likely, until it’s too late. Until something bad has happened.

If you are an artist selling your art and you don’t have a specific policy for your business, this episode is for you. Refrain from clicking the Play button at your peril …

Level 1: Homeowners Insurance Only

This is the earliest phase in an artist’s career and is for hobbyists only. You’re making art just for yourself, not to sell.

At the point when you start selling, you are considered a business by the IRS and must take additional steps to protect your business.

Level 2: Incidental Business Occupancy Endorsement

This is a very affordable option for your home studio, which is tacked onto your homeowners’ policy.

It doesn’t cover the instances when you take your art outside of your home, and it might not cover liability when you have visitors to your home studio. That’s when you need …

The Art Biz ep. 7: 4 Levels of Business Insurance for Artists Read

Has Richard Prince Killed Copyright Protection For Artists?

Guest blogger: Kathryn Goldman

The short answer is “No.”

The longer answer is that most artists are not going to have their art taken by someone like Richard Prince who has commercial stature and deep pockets. The threat to most artists is from every day Internet “sneak thieves” – lazy non-creatives who right click, copy and paste. Prince did more than that, but not much more.

Copyright is still useful for artists despite the actions of Richard Prince and the expansion of the defense of fair use.

Richard Prince — Pushing the Envelope, or Taking Advantage?

When it came to light that Richard Prince appropriated wholesale the work of Instagram users, added a few phrases of his own to the comment thread, enlarged the images and charged $90,000 for a print, many in the art world (and the legal world) were troubled by his actions. Others, not so much.

Some of the original creators of the Instagram images have sought revenge of sorts by selling the image they created for $90 in an attempt to undermine Prince’s market. The effectiveness of that strategy is questionable. Without Richard Prince’s actions, those Instagram artists would have continued operating in relative obscurity.

Many agree that obscurity is a bigger problem for artists than infringement.

Has Richard Prince Killed Copyright Protection For Artists? Read

Make it legal: 4 Steps to an official art business

If you are an artist in the U.S., take these four steps for turning your hobby into a legal art business.

Obtain your identification number.
Register your business with your state.
Apply for sales tax licenses.
Open business accounts.

Make it legal: 4 Steps to an official art business Read

Take a Sales Tax Class

Collecting sales taxes is one of the most confusing parts of running a business. And you should be collecting sales taxes if you sell a physical product – like art. But your life will be a lot easier if you take a class. Or two. Or three.

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Legal Resources for Starting an Art Business in the U.S.

Just because you’ve started selling your art doesn’t mean you have a legitimate business. You have to get some things in order, including registering with your department of state. Here’s a list for starting out.

Legal Resources for Starting an Art Business in the U.S. Read

Artist Contracts: She Broke the Rules

Next time you run into a difficult situation, don’t be afraid to take action and be the “maverick.” Use your best judgment along with carefully justified reasoning to determine your course. And always live up to your agreements while continuing to communicate all the way.

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What to Put on a Gift Certificate for Your Art

Artist Geri Dunn was stunned when someone purchased a gift certificate of hers at a silent auction and then wanted to either 1) redeem it for cash or 2) commission an original drawing for the amount on the certificate ($150). People really do ask/demand the darndest things! Let’s look at the situation and start with

What to Put on a Gift Certificate for Your Art Read

Deep Thought Thursday: Stealing your ideas

Deep thoughts happen even on Christmas Eve! How do you handle it when you think another artist is “stealing” your ideas?

Deep Thought Thursday: Stealing your ideas Read

Legal Stuff for Artists

Richard Prince — Pushing the Envelope, or Taking Advantage?

Consider 44 possible reasons why your art isn't selling.