© 2013 Artist, INC

Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything.

--Plato

© 2013 Artist INC

Zen and the Law of Art

business Structure, Intellectual property and basic Legal Issues facing artists

sessionFive

© 2013 Artist, INC

opening exercise

© 2013 Artist INC

session 5

I. Group Discussion: copyrights

II. When do you need a lawyer?

III. Fair Use

IV. Ask a Lawyer

• Copyrights

• Contracts

• Legal business structures

V. Small Group Discussion: Resume/CV and artist’s statements review and critique

© 2013 Artist, INC

% of participants With . . .

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Art Attorney

24%

© 2013 Artist, INC

participants’ Business Registered with the State

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

No Yes Don't Know

60%

40%

0%

© 2013 Artist, INC

Fair Use?

Steve JurvetsonShepard FaireyMannie Garcia, Associated Press

Short clip from the Colbert Report, 2/12/2009. Click to

play.

© 2013 Artist, INC

E 8

Fair Use?

Short YouTube clip, click to play:

http://www.youtube.com/watch?v=UvB9Pj9Znsw&feature=related

© 2013 Artist, INC

Pecha Kucha

© 2013 Artist, INC

If you are going to break a Law of Art, make the crime interesting.

--Mason Cooley

© 2013 Artist INC

ask a Lawyer . . .

© 2013 Artist INC

“how do I get Copyright Protection on my work?”

ask a Lawyer . . .

© 2013 Artist INC

Copyrights

• starts the Moment you have a Tangible piece.

• Eligibility:

• Un-plagarized

• exhibit a degree of Creativity

• fixed in a Material Form

1. Pictorial

2. Graphic

3. Sculptural

4. Film/audiovisual

5. Dramatic work

6. Sound recording

©

© 2013 Artist INC

“are there additional things I can do to Protect My Work?”

ask a Lawyer . . .

© 2013 Artist INC

• don’t send out Unsolicited Material.

• Know with whom you are dealing.

• use Watermarks on graphic designs and photos.

• don’t send out Full Songs

• only send out Script TreatmentsAdditional

Protections

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“as an artist, do I need to have a Contract with people I am working with?”ask a

Lawyer . . .

© 2013 Artist INC

put it in Writing:1. demonstrates that you are

operating with the highest standards of Professionalism.

2. reinforces the Commitment.

3. Clarifies the agreement.

4. encourages the parties to take their Promises Seriously.

5. keeps the parties from Making Up the Rules as They Go Along.Contracts

© 2013 Artist INC

put it in Writing:1. Guards against Forgetfulness

2. indicates that the Negotiation Stage Is Over and that the Final Terms have been Reached

3. serves as a Record For Others who were not the original negotiators or signatories

4. provides Reasonable Assurance that the contract will be Enforceable in CourtContracts

© 2013 Artist INC

“what the items that Should Be Included in a contract?

ask a Lawyer . . .

© 2013 Artist INC

ContractsThe 4 P’s

1. Parties

2. Property

3. Performance

4. Price

© 2013 Artist INC

“what Other Things should I think about Including in a contract?”

ask a Lawyer . . .

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• rights only Transfer with Full Payment

• “Kill” fee

• recovery of Attorney’s Fees

• Rights not expressly granted are Reserved to the Artist

Boilerplate

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• Term and Termination

• Territory

• media/format Restrictions

• Exclusive/Non-exclusive

• Work-For-Hire

• Damage, Loss, and Theft

• “Escape clause”

• Dispute resolution

• Signatures of the parties

Contracts:Other Typical Provisions

© 2013 Artist INC

“what legal Business Structure should I use?

ask a Lawyer . . .

© 2013 Artist INC

• Sole Proprietorship

• Partnership/registered limited liability partnership (RLLP)

• Limited Liability Company (LLC)

• “S” Corporation

• “C” Corporation

• Non-profit corporationBusiness Structures

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major Advantages• independence• flexibility• minimum of legal

requirements

major Disadvantages• unlimited liability• limited life• limited management ability• limited investment potentialSole

Proprietorships

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major Advantages• corporate-like liability protection• easy to organize and maintain• can be treated as any business

form for taxes

major Disadvantages• generally requires a lawyer to be

properly structured and maintained

• relations among members• changes of members or

operating agreement may be difficultLLC

© 2013 Artist INC

major Advantages• more and higher amount grants

available• individuals receive tax break on

donations to projects

major Disadvantages• time required to meet federal and

state requirements—forms!• dealing with board of directors• diminished autonomyNon-Profit

Corporation

© 2013 Artist, INC

Only one thing is impossible for God: to find any sense in any copyright law on the

planet.”

--Mark Twain

© 2013 Artist INC

small group discussion:weekly two-minute update

Remember: What happens in Vegas stays in Vegas!

Art

Personal

Business

© 2013 Artist INC

Resumes and Statements

• Review small group member’s resumes and artist’s statements; be prepared to discuss

Small Group discussion

© 2013 Artist INC

Action items

Complete: • Building long-term

relationships exercise

Suggested:• Read: Chapter 5 & 7 of The

Artist’s Guide

• Read: Austin and National Resources (Artist INC Workbook)

• AI Online Session 6: How to Get Money Out of a Bank”

© 2013 Artist, INC

Lawless are they that make their wills their law.

--William Shakespeare