Good legal resource for artists?

[chaosvoyager]

I'll do my usual search, but have decided to start here. Given the chance that I'm too lazy to search properly and a similar thread already exists, what are the best legal resources and books for an artist/illustrator?

...Is there a good site with a list of legal precedents? How much should an artist expect to pay for the legal side of things? When is a contract that seems binding not binding? Should an image be trademarked as well? What are the artists rights when they encounter someone selling their work without a license? How do these laws vary from state to state?...

Stuff like that.

[Dan Norder]

Originally posted by chaosvoyager
I'll do my usual search, but have decided to start here. Given the chance that I'm too lazy to search properly and a similar thread already exists, what are the best legal resources and books for an artist/illustrator?

I haven't run across a good site, but two books I recommend:

"The Desktop Publisher's Legal Handbook" by Daniel Sitarz (covers writing and art, as well as some far flung business concerns)

"Licensing Art and Design" by Caryn Leland (mostly art, so probably better suited for you)

If you don't want to buy them you can probably get them through a local library (through interlibrary loan if nothing else). There are probably others that are just as good.

...Is there a good site with a list of legal precedents?

Most likely. You can probably find one in Google just as fast as I could.

How much should an artist expect to pay for the legal side of things?

Most people starting out probably don't need a lawyer for anything, as long as they educate themselves on the basics.

When is a contract that seems binding not binding?

When someone ignores it... then hopefully the contract has a clause explaining what to do if someone breaks it.

Should an image be trademarked as well?

Not likely. Trademarks are for an identifying phrase or symbol directly tied to your business identity. Most images wouldn't qualify.

If you have a logo that you use consistently to identify yourself and is different from other symbols a trademark might be a good idea. A simple TM plopped next to it is a notice to the world that you intend to do so. To follow through take a look at the USPTO website, assuming you are in the U.S.

What are the artists rights when they encounter someone selling their work without a license?

Usually you'd have to sue them if you can't get them to stop in a less radical way. Legal fees can be pretty darn steep though. Chronic abusers could conceivably face criminal charges, but good luck getting law enforcement to do something about it.

How do these laws vary from state to state?...

Copyright and trademark laws are very similar in most major countries due to international agreements. So the research you do should adequately cover you for most situations you could find yourself in.

Dan Norder
Inklings Press

[Socar MYLES]

For the copyright side of things, these two links are a good starting point for artists looking to protect themselves:

http://www.3m.com/meetingnetwork/presentations/pmag_copyright_criminal.html

http://www.templetons.com/brad/copymyths.html