Legal Stuff for Artists

woman with gray shoulder length hair Kathryn Goldman headshot | on Art Biz Success

The Art Biz ep. 125: How to Legally Protect Your Creative Work with Kathryn Goldman

My conversation with intellectual property and internet law attorney Kathryn Goldman is a mini free workshop based on her Four Step Framework to help you identify, protect, monitor, and enforce your creative rights.

Do pay attention to late in the episode when Kathryn mentions the new FARE Contract, an opportunity for you to protect the future financial interests of your work.

The Art Biz ep. 125: How to Legally Protect Your Creative Work with Kathryn Goldman Read

The Art Biz ep. 15: Confronting Your Professional Legacy: David Paul Bayles

Last fall I received an email from David Paul Bayles, who was a member of my class at the time. The email read, in part:

Recently The Bancroft Library at UC Berkeley (third largest special collections library in the U.S.) created The David Paul Bayles Photographic Archive to create a home for my life’s work.

I am driving down to meet with them on Monday to place a large number of prints and oral history audio files into the Archive.

Whoa. How cool is that? A major institution deemed David’s work worthy of saving forever – all together under a single roof.

After peppering David with questions, I knew that his was a story that needed to be shared with you.

I have been concerned about artists’ legacies and what they are doing to prepare themselves and their loved ones for their passing. What happens to the work and the records after they’re gone?

In this episode of the Art Biz Podcast, David tells us what his professional archives consist of, including his photos, writings, records, and audio files.

He also gives us insight into the process of negotiating with the Library – fascinating stuff. And, yes, it includes lawyers.

Of course, we also talked about his art and why he chose to focus on photographing trees throughout his career. A better way to frame the question is how the trees chose him.

And we ended with a discussion of David’s next big goals. What comes after finding a permanent home for your entire life’s work? For David, it’s an artist residency and a traveling exhibition.

As you listen, pay careful attention to all of the people David has connected with along the way. His story is one of finding and nurturing connections.

And it all started with a fire …

The Art Biz ep. 15: Confronting Your Professional Legacy: David Paul Bayles Read

Karen Lockert textile art

The Art Biz ep. 7: 4 Levels of Business Insurance for Artists

Business insurance!

That’s our topic for this Art Biz Podcast.

Listen in as Claudia McClain, founder of HomeBusinessInsurance.com, addresses the various levels of an artist’s career and the kinds of insurance you need at each point.

You never think about business insurance until someone asks to see your certificate of insurance or, more likely, until it’s too late. Until something bad has happened.

If you are an artist selling your art and you don’t have a specific policy for your business, this episode is for you. Refrain from clicking the Play button at your peril …

Level 1: Homeowners Insurance Only

This is the earliest phase in an artist’s career and is for hobbyists only. You’re making art just for yourself, not to sell.

At the point when you start selling, you are considered a business by the IRS and must take additional steps to protect your business.

Level 2: Incidental Business Occupancy Endorsement

This is a very affordable option for your home studio, which is tacked onto your homeowners’ policy.

It doesn’t cover the instances when you take your art outside of your home, and it might not cover liability when you have visitors to your home studio. That’s when you need …

The Art Biz ep. 7: 4 Levels of Business Insurance for Artists Read

Has Richard Prince Killed Copyright Protection for Artists?

Has Richard Prince Killed Copyright Protection For Artists?

Guest blogger: Kathryn Goldman

The short answer is “No.”

The longer answer is that most artists are not going to have their art taken by someone like Richard Prince who has commercial stature and deep pockets. The threat to most artists is from every day Internet “sneak thieves” – lazy non-creatives who right click, copy and paste. Prince did more than that, but not much more.

Copyright is still useful for artists despite the actions of Richard Prince and the expansion of the defense of fair use.

Richard Prince — Pushing the Envelope, or Taking Advantage?

When it came to light that Richard Prince appropriated wholesale the work of Instagram users, added a few phrases of his own to the comment thread, enlarged the images and charged $90,000 for a print, many in the art world (and the legal world) were troubled by his actions. Others, not so much.

Some of the original creators of the Instagram images have sought revenge of sorts by selling the image they created for $90 in an attempt to undermine Prince’s market. The effectiveness of that strategy is questionable. Without Richard Prince’s actions, those Instagram artists would have continued operating in relative obscurity.

Many agree that obscurity is a bigger problem for artists than infringement.

Has Richard Prince Killed Copyright Protection For Artists? Read

Signing a document

Make It Legal – 4 Steps to an Official Art Business

If you are an artist in the U.S., take these for steps for turning your hobby into a legal art business. 1) Obtain your Federal Employer Identification Number. Don’t scatter your Social Security Number around! Get this free ID number from the Federal government for your art business. The Federal EIN Application takes 5 minutes and is FREE. Beware of sites that want to charge you for this service!

Make It Legal – 4 Steps to an Official Art Business Read

Take a Sales Tax Class

Collecting sales taxes is one of the most confusing parts of running a business. And you should be collecting sales taxes if you sell a physical product – like art. But your life will be a lot easier if you take a class. Or two. Or three.

Take a Sales Tax Class Read

Scroll to Top

Your Artist Mailing List: Rethinking + Assessing

Get a transcript of episode 182 of The Art Biz (Rethinking Mailing Lists for Artists) followed by a 3-page worksheet to evaluate the overall health and usage of the 3 types of artist lists.

Where can we send it? 

To ensure delivery, please triple check your email address.

You’ll also receive my regular news for your art business.

Privacy + Terms