Legal Strategy
Diane R. Scott · 2024
This chapter delves into the many legal issues artists face in their practice including business structure, contracts, and copyright. Although not every artist requires a lawyer on retainer, a foundational comprehension is important for managing daily activities and knowing when expert assistance is needed. The chapter explores the three primary business structures used by artists: sole proprietorships, limited liability companies, and nonprofit organizations. The discussion focuses on the advantages and disadvantages of each legal structure. This chapter continues with the important role of contracts in an artist&s;s practice and dispels the misconception that documents must always be drafted by lawyers. It stresses the importance of putting agreements in writing to avoid potential conflicts and highlights the significance of documentation, especially in unforeseen situations like the COVID-19 pandemic, where artists struggled to substantiate lost income due to a lack of written work agreements. The chapter provides insights into the elements of a contract, discussing how contracts should clarify parties, property, performance, and price. The chapter concludes with a basic discussion of copyright, explaining the automatic rights of copyright, exceptions, and the benefits of registering creative works with the Copyright Office for added protection.