Sharing, posting, and distributing your work online is easier than ever - but often times, visual artists find themselves dealing with online piracy issues as a result of that practice. Initiating a copyright registration routine can curb the unlawful...
Most art galleries participate in art fairs throughout the year. Many of those fairs are international, such as Art Basel Switzerland or the Hong International Art Fair. International art fairs are an excellent way to position your gallery in front...
Fine art Photographer Arne Svenson spent a year secretly taking photos of the Fosters, a family living across the street from his home. Does the Foster's Right to Privacy outweigh Svenson's Freedom of Expression?
Think artists can't afford to hire lawyers? Actually, artists can't afford to not have one by their side. Here's four reasons why.
Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value.
What are the challenges for collectors in authenticating artworks? What are the legal remedies when a purchased artwork is discovered to be a forgery?
It has become a common refrain among lawyers who represent photographers and other artists that it is important to register your work with the U.S. Copyright Office. Although registration is not required for copyright protection, it is a prerequisite...
Running a successful creative venture often involves understanding business just as keenly as you learn your craft, and for artists and gallery owners facing the threat of a lawsuit, it’s important to understand the steps you can take to...
Obtaining music licensing rights for videos is difficult but those that don't receive them are putting themselves and their customers at risk of a copyright infringement lawsuit.
Steve Schlackman Take these two commonly heard phrases: “I need to copyright my slogan,” or “I want to patent my new idea.” Do you know why they are wrong? We break down the differences between IP laws. […]
Steve Schlackman We previously discussed how owning an original fine art painting, doesn’t provide the same level of ownership as other physical items. In particular, we examined the actions of our hypothetical Executive and how his various uses of an oil painting may have violated the right of the artist. The Executive, with his lack of understanding […]
Steve Schlackman Registering your work with the U.S. Copyright Office is the most effective way to ensure you'll be fairly compensated should your work be used without your permission. […]
Chris Reed Motivated by an upward trend in law enforcement overreach, more and more citizens are wondering whether the First Amendment protects their right to record videos of police activity. […]
Steve Schlackman If you want to register a trademark for products you haven't made yet but are planning to in the near future, you can submit an “intent to use” application. Art Law Journal breaks down the process. […]
Steve Schlackman One question artists, photographers, designers, and musicians always seem to ask is whether they should trademark their name. In many cases, an artist’s personal name is also their company name. That name is a corporate asset with real tangible value, and protecting it is an important business consideration. However, it’s important to understand that applying […]
Steve Schlackman Whenever an artist or writer portrays a living person in an unflattering light, they are likely to receive a letter or angry phone call saying things like “I am going to sue you for defamation” or “you’ll be hearing from my lawyer,” along with plethora of swear words. It sounds pretty serious and scary, but […]
Chris Reed Since most common insurance policies specifically exclude artwork, fine art collectors must consider purchasing a fine art insurance policy to protect their treasured works. Art Law Journal breaks down how these unique policies work. […]
Chris Reed Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series. Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine. […]