Author - Nicole Martinez

Nicole is a writer and law school graduate with a dedicated focus and passion for the arts, and a particular interest in Latin American art and history. Nicole has extensive experience working with art galleries and museums in Buenos Aires and Miami, and explores cultural landscapes across the Americas through her writing.

Artists
Corporate Law

Four Reasons Artists Should Hire Lawyers

Artists and lawyers don’t have a ton of opportunities to work together, but when it comes to taking your art business to the next level, you’re going to want a lawyer in tow. Once you’re working as a successful artist, and your name is becoming more and more prolific, there are going to be plenty of roadblocks – and the potential for pitfalls – along the way. From...

Contracts
Corporate Law

Tips Before Signing an International Art Contract

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 of an international audience and capture a new clientele. They are also an incredibly costly endeavor, considering exhibition costs, shipping...

percent-for-art
Public Policy

Percent-for-Art Programs are Creating Opportunities for Artists Across the Country.

For the majority of U.S citizens, the latest and greatest art pieces are not easily accessible.  Many of the latest and greatest works are lying in storage areas at galleries or museums, rarely shown without an appointment or part of someone’s private collection.  When the art does become publicly available, it is usually in art fairs or at galleries, which tend to be...

Art Dealers
Corporate Law

How Art Dealers Can Avoid Tax Fraud Allegations

The capital of the global art market, artwork sales in New York often impose hefty taxes on the purchaser – unless one of the several clever loopholes are employed. Amid allegations that several prominent galleries and collectors were employing tax evasion schemes that weren’t entirely up to snuff, New York Attorney General Eric Schneiderman announced he would initiate...

Tattoo Art
Intellectual Property

Who Owns the Copyright in Your Tattoo Art?

You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. But copyright laws come into play in various ways when tattooing new work – whether you’re the artist whose designs are being inked, the tattoo artists drawing your own work, or an artist merely using the influence and inspiration of...

3d Printing
Intellectual Property

Does Copyright and Trademark Law Protect 3D Printing?

3D printing is a relatively new art form is sweeping the internet and worrying designers and Hollywood executives alike. Along with the advent of 3D printing, a steady stream of piracy and copyright infringement cases have been reported by industry honchos. Whether you’re supportive of this new innovation or struggling to protect your own 3D designs, you may want to consider getting to know...

copyright in student work
Intellectual Property

Can a School District Claim Copyright in its Student Art?

A Maryland school district recently implemented a very controversial policy claiming that the creative work of its student is School property, not owned by the student creator.  Is such a policy legal? Generally, copyrights are held by the creator or creators. With respect to minor students, traditionally they would own the copyright in their work whether their work is an original...

internet meme getty letter e1451922585341 414x276 - Posting an Internet Meme? You May Receive a Getty Infringement Letter
Intellectual Property

Posting an Internet Meme? You May Receive a Getty Infringement Letter

Memes have proliferated the internet since the dawn of social media. An image, usually taken entirely out of context, is paired with witty, often sarcastic banter whose only goal is to make you laugh. But did you know that there are often art licensing issues surrounding the use of top internet memes, and that you may have to be prepared to make a fair use argument if the owner of the images...

Artist Multiples
Attribution & Integrity

Art Dealers Should Make Full Disclosures When Selling Artist Multiples

New York’s Art and Cultural Affairs Law offers some pretty extensive protections to purchasers of artist multiples, defined as any fine print, photograph, sculpture cast, collage, or similar art object produced in more than one copy. It’s important for dealers and buyers alike to understand just what those are in order to have greater negotiating power in transactions. Take the...

Against the war 414x276 - Why Copyright Infringement is Hard to Prove for Artists
Litigation

Why Copyright Infringement is Hard to Prove for Artists

As recently reported by Blount Art Info, it appears that celebrated neo-expressionist artist Cecily Brown may have a copycat. Or at least, that’s what she’s alleged via Instagram, where the artist denounced that a lesser-known painter had hawked her work and used a clever app to create almost identical images to some of Brown’s recent works. Claiming that California artist...