Select Resources to Help Artists Navigate the Legal Landscape

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Lobo pop art studio, 2015. Courtesy of Creative Commons via Wikimedia.

Lobo pop art studio, 2015. Courtesy of Creative Commons via Wikimedia.

By Alexa Donovan

“No matter your educational journey, there are a couple of things that artists just don’t learn about the profession… Chief among these massive knowledge gaps? Any guidance in contracts or trademark and copyright for artists, two intimidatingly legal tent-poles that hold up any sturdy tent of an artistic career.” ~ Suzy Kopf, fine artist and writer.

Suzy Kopf is right — legal issues are not often the immediate concern of an artist, especially when all is going smoothly in their practice. Despite this, all artists have legal issues to consider. Everything from intellectual property and copyright infringements to estate planning, contract negotiations, and moral rights plague artists worldwide each day.

Bobby Rubio, an animator, often shares his work on instagram. One day, he came to find out that a character of his had been printed on a collector’s football card without his permission. His work had been stolen by a corporation with no credit, and he had no idea until his friend congratulated him for the “collaboration.” When Rubio sought legal advice, his lawyers told him that suing the company would result in mere “pocket change” if he won, presumably taking into account legal fees.

The issue of limited winnings atop exorbitant legal fees often pose major roadblocks for artists to get legal help. While it may seem that only major career artists are at risk, that is not the case. Artists can take steps to learn about their rights as creatives, hear varying perspectives on legal issues that are currently facing the arts community, and stay up-to-date on any laws or court cases that may have implications for their work. By understanding the protections that are available, artists are in a better position to defend themselves and their work if or when an issue does arise. In the case that an artist does need legal representation, there are a plethora of pro bono resources available to them as well.

Knowing where to turn to for help is an important tool for all artists. Below is a list of accessible resources for artists to use, from helpful handbooks to organizations to turn to for representation.

General resources to learn about legal considerations and other related matters

Center for Art Law

Not to brag, but the Center’s website is a great place to start for artists looking for more information on the current art law landscape. The Center for Art Law (“the Center”) is dedicated to researching, writing, and collecting data about the happenings at the intersection of art and the law. The Center offers a special membership for artists, which includes access to Case Law Corner, a resource that houses art-related case summaries, over 1,000 articles about all types of issues that artists face today, and the Art Law Library, which houses information about over 500 publications relating to art law. Additionally, members have discounted access to the Center’s events, which include workshops and clinics for artists on topics like estate planning, copyright claims, artist-dealer relationships, and more.

Artists Rights Society

Artists Rights Society (“ARS”) is an organization primarily focused on providing free copyright licensing support to artists worldwide. The organization provides membership services for artists, and as a member the “ARS [will] actively monitor for unauthorized reproductions of your work.” Additionally, ARS has a regularly-updated blog, which publishes articles about copyright and intellectual property issues in addition to writings on different licensing deals, such as brand collaborations with artists. ARS is a great resource for artists interested in learning about licensing practices and protecting their work from copyright infringement.

Copyright Alliance’s online resources

The Copyright Alliance is an organization that represents copyright interests across industries in the United States. The organization’s website has a plethora of free resources to learn about copyright, including copyright law fact sheets by industry and state, specialized information on AI and DMCA, in addition to a blog and educational resource library.

Joan Mitchell Foundation

The Joan Mitchell Foundation, which works toward Mitchell’s desire to help artists, provides financial programs and educational resources for visual artists, including the Joan Mitchell Fellowship, residencies, and the Creating a Living Legacy (“CALL”) initiative, which provides legacy planning guidebooks and workshops for artists and their heirs. Check out all of these resources here.

NYFA

The New York Foundation for the Arts (“NYFA”) is a nonprofit organization, founded in 1971, which supports artists and cultural workers through various programs. NYFA has grant programs, professional development programs, and a fiscal sponsorship program to provide monetary support to artists. NYFA also provides educational resources, such as artist workshops, career advice consultations, and three web pages full of articles, covering general knowledge for artists, information for immigrant artists, and information about emergency support for artists. Learn more about these programs here. In addition, NYFA’s Classifieds listings is a leading resource for arts-related job postings, including positions in art studios, museum work, nonprofits, and academia. It is widely used by arts professionals to find opportunities and stay informed about openings across the cultural sector.

A Blade of Grass

A Blade of Grass was founded in 2011 by Shelley Frost Rubin and Deborah Fisher. The organization supports artists whose work is motivated by social causes through grants, fellowships, and educational resources, including the Municipal Artist Partnerships guide, which focuses on creating relationships between local governments and artists. Learn more here.

Creative Capital for Artists

Creative Capital for Artists is a nonprofit organization, founded in 199, which is dedicated to defending freedom of expression by supporting artists. Creative Capital provides major grants, in addition to educational resources, like the Artist lab, which provides professional development courses on topics like archiving, tax preparation for artists, and more.

Freelancers Union

The Freelancers Union is a nonprofit organization that supports freelance workers of all kinds, including artists. The union’s website provides a plethora of educational resources, including online classes about freelancing and tax, freelancing and insurance, and more. Additionally, the union advocates on behalf of freelancers, provides insurance packages, and hosts networking opportunities. Learn more here.

Center for the Preservation of Artists’ Legacies

The Center for the Preservation of Artists’ Legacies (CPAL) is an organization that works with contemporary visual artists to assist them in legacy planning and preservation. CPAL offers events, classes, consultations, conferences, and a resource library, all focused on artist legacy work. Learn more here.

Free handbooks to keep in the studio

St. Louis Volunteer Lawyers and Accountants for the Arts’ “Legal & Business Guides

The St. Louis Volunteer Lawyers and Accountants for Arts (“VLAA”) has put together free, regularly-updated guide books for artists that are available on its website. Under its “Legal & Business Guides” page, there are five books that are great, general introductions to various art law issues and business considerations. “Anatomy of a contract” outlines the legal foundations of contracts, details on mediations, and negotiation tips. The “Guide to copyright basics” gives an overview of fair use, permissions and licensing, the Visual Artists Rights Act, and other important copyright concepts. The “Business essentials” ebook is about the basics of business, such as taxes, financial recordkeeping, employee relationships, and more. The “Guide to leasing studio space” covers the fundamental aspects to consider when renting a studio space. Finally, the “Guide to fiscal sponsorship” covers sponsorships, grants, and other artists’ projects.

“A Visual Artist’s Guide to Estate Planning”

Following their conference in 1997, The Marie Walsh Sharpe Art Foundation, the Judith Rothschild Foundation, and the Association of the Bar of the City of New York Committee on Art Law have released a book called “A Visual Artist’s Guide to Estate Planning” as a free pdf. The over-300 page book is split into two parts. Part I answers artists’ common questions , such as “why do I need a will?” and “Can I give my work to a museum?”. Part II includes legal analyses by the Committee regarding various estate issues, with writings on appraisals, artists’ foundations, and more. The book is an important read for any artist seeking to understand how to preserve their work and legacy through estate planning.

Artists at Risks Connection’s “Safety Guide for Artists

The Artist at Risk Connection (“ARC”) is a global organization devoted to protecting and defending artists and cultural workers whose creative expression endangers them. ARC provides support for artists who are facing “persecution, censorship, harassment, threats, and violence from both state and non-state actors.” ARC created a comprehensive “Safety Guide for Artists” in 2021, available online for free. The document provides context on artistic persecution, testimonies from persecuted creatives, and six educational sections for artists. The guide’s chapters cover topics such as preparing for risks, documenting threats, recovering from persecution, and more.

Pro Bono legal resources

Volunteer Lawyers for the Arts

Many states in the U.S. have a Volunteer Lawyers for the Arts (“VLA”) group, offering pro bono legal assistance to low-income artists. VLA is dedicated to supporting both individual artists and creative organizations with demonstrated financial need. More contact information about the organizations across the US can be accessed via this link.

The EASL Pro Bono Steering Committee

The Entertainment, Arts & Sports Law Section (EASL) of the New York State Bar Association’s Pro Bono Steering Committee provides resources to artists with financial needs. The Pro Bono Steering Committee hosts clinics and speaking engagements, in addition to providing tailored assistance to artists whose questions cannot be answered during the clinics. Learn more here.

Artistic Freedom Initiative

The Artistic Freedom Initiative (“AFI”), established in 2017 and operating out of Brooklyn, is an organization that supports artists whose creative freedoms have been violated. AFI provides pro bono legal services to artists who are at-risk in their home countries, particularly those facing persecution for their creative expression. AFI lawyers provide representation for artists who are seeking asylum in the U.S. and artists who are seeking “talent based” visas, such as an EB-1 visa, an EB-2 National Interest Waiver visa, a 0-1B visa, or a H-1B visa. Apply for assistance here.

Avant-Garde Lawyers

Avant-Garde Lawyers (“AGL”), created in 2020, by Andra Matei, is an international organization dedicated to supporting artists’ rights through pro bono legal assistance. AGL pairs together lawyers and artists with financial needs, creating and implementing a specific strategy for each case. Learn more here.

Conclusion

The best advocates for artists are perhaps artists themselves. As hard as it might be to focus on the business and legal questions, visual artists can consider diving into some of these sources for leads and guidance in order to learn more about how to protect themselves and their work.

Suggested Readings and Videos:

About the Author

Alexa Donovan is a senior at NYU studying Art History and Journalism. She is a recipient of the H.W. Janson Scholarship Award for her studies, which include extensive research on museum ethics, deaccessioning, and female representation in contemporary painting. Additionally, she served as the Arts Editor for NYU’s student newspaper, where she wrote about art censorship issues. Alexa is particularly interested in intellectual property law, artists’ rights, and museum collections management.

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.




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