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This link opens in a new windowThe four factors used to determine whether fair use applies are:
In 2015, the College Art Association (CAA) published The Code of Best Practices in Fair Use in the Visual Arts, which provides guidance on image use for those who write about, teach, display, archive, or make art.
Did you know that anyone can copyright their creative work? You can do it online at copyright.gov. You can register multiple works under the same copyright and revise the works after they are registered.
Questions? Ask Us, contact Volunteer Lawyers for the Arts, or refer to the resources below:
Art/Work - Revised and Updated by
The definitive, must-have guide to pursuing an art career--the fully revised and updated edition of Art/Work, now in its fourteenth printing, shares the tools artists of all levels need to make it in this highly competitive field. Originally published in 2009, Art/Work was the first practical guide to address how artists can navigate the crucial business and legal aspects of a fine art career. But the rules have changed since then, due to the proliferation of social media, increasing sophistication of online platforms, and ever more affordable digital technology. Artists have never had to work so hard to distinguish themselves--including by making savvy decisions and forging their own paths. Now Heather Bhandari, with over fifteen years of experience as a director of the popular Chelsea gallery Mixed Greens, and Jonathan Melber, a former arts/entertainment lawyer and director of an art e-commerce startup, advise a new generation of artists on how to make it in the art world. In this revised and updated edition, Bhandari and Melber show artists how to tackle a host of new challenges. How do you diversify income streams to sustain a healthy art practice? How can you find an alternative to the gallery system? How do you review a license agreement? What are digital marketing best practices? Also included are new quotes from over thirty arts professionals, updated commission legal templates, organizational tips, tax information, and advice for artists who don't make objects. An important resource for gallerists, dealers, art consultants, artist-oriented organizations, and artists alike, Art/Work is the resource that all creative entrepreneurs in the art world turn to for advice.
The Artist-Gallery Partnership by
Artists, dealers, and gallery owners will welcome this clear explanation of the consignment contracts that lie at the heart of the relationship between artists and galleries. Updates include the latest developments in state laws and all of the current statutes in the 32 states that have laws regarding consignment sales. A thorough discussion of the Standard Consignment Agreement, covering agency, consignment, warranties, transportation, insurance, pricing, gallery commissions, promotion, return of art, and more, plus a ready-to-use contract, is included. Want a clear understanding of art-consignment law? Get The Artist-Gallery Partnership.
The enterprising musician's guide to performer contracts by
The author is a New School faculty member.
Legal Guide for the Visual Artist by
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.
Music Copyright Law by
Gain an in-depth understanding of a topic that is vital to the success of anyone in or entering the music industry, with MUSIC COPYRIGHT LAW. From songwriters and performers to managers, producers, and agents - everyone is affected by the issues covered in this book. Avoiding the technical jargon and "lawyerspeak" that bogs down other books on the subject, the book explores the world of copyright law and hones in on how it applies to music. It begins by building a foundational knowledge of the fundamentals of copyright law, what it protects, the benefits of registering a copyright, and what to do when copyright has been infringed. Once the fundamentals are established, coverage expands to include controversies involving copyright and music in the digital age and the debates over online music. Packed with practical examples that bring complex concepts to life, this book is a must-have for any professional in or entering music business.