Tactics for Fighting Online Piracy
At some point in any visual artist’s career, they will undoubtedly consider how to protect their work from infringements. Here are some tactics that might help.
Should An Artist Trademark Their Name?
Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. A trademark may be the answer.
Removing a Watermark Can Cost an Infringer Up to $25,000
Recently, Google warned of new methods to remove watermarks online. However, those that do so face larger consequences under DMCA laws. Art Law Journal breaks it down.
Does Hiring Foreign Independent Contractors Make Financial Sense?
The reduction of H1B visa recipients may mean more companies will likely hire foreign independent contractors. We discuss tax and other financial considerations creative businesses need to make.
...
Congress Proposes $130K Salary Requirement for H1B Visa Holders
Trump's H1B visa shakedown means you may need to hire a foreign creative as an independent contractor. Here's how to avoid any legal issues.
...
Street Art or Vandalism?
Street art remains controversial and the rights artists have over their works continues to be a messy subject but is it illegal?
...
The Etsy Copyright Infringement Problem
Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements?
...
Why Graphic Designers Should Avoid Work for Hire Agreements
Want to keep your graphic design portfolio fresh? Avoid work for hire agreements, which could prevent you from retaining the right to display your work.
...
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...
![What Happens to Art in a Divorce? [Hint: Get an Art Appraiser]](https://alj.artrepreneur.com/wp-content/uploads/2016/11/Divorce-Appraiser-400x250.jpg)
What Happens to Art in a Divorce? [Hint: Get an Art Appraiser]
What happens to artwork when artists or art collectors divorce? We discuss the various obstacles to overcome, including equitable distribution, copyright and Visual Artists Rights Act (VARA) considerations and getting an art appraiser.
...
The Law of Fan Fiction
Filmmakers can use characters from their favorite novels in their films, but under copyright law, they must obtain express permission from the author.
...![Considering Sharing Your 3D Printing Designs Online? [Read This]](https://alj.artrepreneur.com/wp-content/uploads/2016/10/3d-printing-400x250.jpg)
Considering Sharing Your 3D Printing Designs Online? [Read This]
As the 3D printing industry continues to grow, many designers are turning to Creative Commons to share their work. But is that really the best way to do so?
...
Should Art Fairs Allow Visitors to Instagram Their Favorite Artworks?
It's common to see art fair visitors snapping photos of artworks for Instagram, but does the practice constitute copyright infringement, or is it fair use?
...
Get Your Attorney Fees Paid for in a Copyright Infringement Case.
Copyright infringement lawsuits can be time-consuming, which not surprisingly, means they can also become very expensive. Find out how you can win attorney's fee's to make initiating a copyright lawsuit easier.
...
Why Businesses Should Always Have a Model Release
Let’s start with some advice: Any graphic materials that promotes something; whether products, a businesses, or charitable causes, and the graphics contain images of recognizable people, -- always have those people sign a model release. Of course, there are non-commercial uses that may also require a model release, (see
Is Street Photography Legal?
Are street photographers protected when taking photos of strangers in public or are they invading the subject's right to privacy?
...
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...
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...
Stealing Instagram Photos is Easier Than You Think
In his new exhibition, Richard Prince has taken other people's Instagram photos and is telling them for around $100,000 each. Prince claims the works are legal under the fair use doctrine. Is he right? And if not, does it even matter?
...
Who Owns the Copyright in Public Art?
How would U.S. copyright laws govern online distribution of photos of public art? Does the artist own the copyright in the work?
...
Photographers: You’ve Registered Your Works…Now What?
Assuming you did everything right when registering your works, you'll receive a paper copyright certificate. What good are the certificates? We'll show you why you need them and what to do with them.
...
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...
Should I Open a Corporation for My Art Business?
About 375,000 visual artists claim to be self-employed yet many don't realize that their personal assets can be at risk. Find out how opening a corporation can help protect you.
...
Estate Planning for Artists and Collectors
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.
...
DMCA Safe Harbor: Why Artists Can’t Sue Instagram
DMCA safe harbor shields internet service providers from any copyright infringement liability. Here's what artists can do to protect their work.
...
Six Steps to Safer Image Sharing
Despite the unfortunate reality that image sharing on the Internet can lead to misappropriation of your work, there are some steps that can minimize the risks.
...
Lessons from the Knoedler Gallery Lawsuit
Art galleries should understand the legal issues surrounding the Knoedler lawsuit such as breach of warranty, RICO conspiracy, and fraudulent concealment.
...
Losing Copyrights through Social Media
Are companies, like Olapic and Candid.io, taking control of images that you upload to social media?
...
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...
Posting an Internet Meme? You May Receive a Getty 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...
The Monkey Selfie: PETA Initiates Infringement Lawsuit for Macaque
The Internet is once again fixated on the infamous Monkey selfie, after People for the Ethical Treatment of Animals (PETA) filed a copyright infringement suit against David Slater, the wildlife photographer who claims to hold the copyright. For those that may not remember, here is how Art Law Journal described the monkey...
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...
Is Copyright Duration Too Long?
The United States has been waging a battle against several other countries over how long a copyrighted work should be protected. Copyright duration has been one of the major sticking points in the massive free trade agreement, the Trans Pacific Partnership (TPP) being negotiated in secret between the U.S and eleven other...