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An Artist's Guide to the Law |
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An Artist's Guide to the Law 2010 • 978-1-58510-356-0 • paper • 205 pages • 6 x 9 • $19.95
| About the Authors | Table of Contents | Preface | Review |
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Description A readable guide to the law as it relates to artists and creative people. It give a general overview of key legal concepts important to US artists and includes landmark cases for reference.
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Richard Amada is an attorney in the Washington, D.C. area. His practice often includes assisting artists with a variety of legal issues. He has won various awards as both a playwright and as a TV journalist, including an Emmy. His passion for the arts also leads him to make time for acting, directing, and composing music.
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Table
of Contents
Acknowledgments Introduction What Does the Artist Own?
The Bundle of Sticks: Property Law Basics
Copyright Basics
Attaining, Using, and Keeping a Copyright
Trademark Basics What Is the Artist Selling?
A Meeting of Minds
Sale of the Whole vs. Sale of Specific Rights
Licensing
The Artist as an Independent Contractor
The Work Made for Hire Doctrine
The Business Form What Can and Can’t the Artist
Use?
Original Material and Factual Matter
Public Domain Property
Fair Use
Real People
Fictional Characters
Music Rights What Is the Artist Allowed and
Not Allowed to Say?
First Amendment Protections
Restrictions on Free Speech
Defamation How Does the Artist Protect
Intellectual Property?
Copyright Notice and Registration
Evidence of Original Authorship
Unfair Competition Protections
Protecting the Pitch
Dealing with Internet Piracy
Digital Rights Management What Contracts Does the Artist
Make?
Collaborators
Visual Art or Design Purchasers
Literary Publishers
Music Publishers
Recording Companies
Agents and Managers
Performance Outlets
Film, Television, and Radio What Happens to Art When the
Artist No Longer Possesses It?
First Sale Doctrine and Droit de Suite
Droit Moral
Artist Estate Planning Resources Case References Statutory References Index
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... a writer, performer, visual artist, or other creative person, who has little to no knowledge regarding the legalities and illegalities that govern these professions, is an artist who can get into a world of trouble without even realizing it’s happening—that is, until it’s too late and the lawyers have to be called in to do a potentially costly cleanup of the mess. Much better to bone up on some basic principles of law that allow the artist to avoid potential legal pitfalls. That’s where this book comes in. An Artist’s Guide to the Law is written especially for creative people in the arts and entertainment fields, whether professional or aspiring, who want a general overview of key aspects of the law that relate to their artistic endeavors. In the following chapters, I’ll attempt to explain in plain, simple English the answers to some basic, legal questions I believe every artist ought to know—namely: What does the artist own? What is the artist selling? What can and can’t the artist use? What is the artist allowed and not allowed to say? How does the artist protect intellectual property? What contracts does the artist make? What happens to art when the artist no longer possesses it? It should be noted that my use of the word, "artist," is merely a shorthand reference for all creative people in the arts and entertainment industries. I’ll be using the term throughout the book, and, unless I specifically reference a particular type of artist, you may assume that I’m speaking generally about all types of artists. Ahem…Now comes the big disclaimer. Yes, that’s right. You can’t talk to a lawyer without getting a legal disclaimer.
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Author Rich Amada has done a remarkable job in de-mystifying the legal system and basic law for creative types. Amada has written this work in a very clear and even humorous manner, making it a surprisingly easy, quick read. Anyone can readily understand the basics to how to protect one’s work and potentially maximize profits from creative labor after reading Amada’s book. ~ Andy Rodriguez, New Phoenix Filmworks
When it comes to relevant matters of the law, we artists often don’t know what we don’t know: Rich Amada’s book takes care of that. Rich’s background as a successful playwright and his expertise as a lawyer bring a unique depth and perspective to the subject. This journey through the labyrinth of the law is paved with abundant examples and well lit by Rich’s sense of humor. An Artist’s Guide to the Law is a reference book that belongs on the writer’s shelf next to the Thesaurus and The Complete Works of Shakespeare. ~ Ernie Joselovitz, President, Playwrights Forum
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