why would you need an attorney if you're an artist

by Ms. Tanya Bechtelar DDS 9 min read

Help with legal protection
Legal protection is very important for artists because they need to protect their work. Protecting the copyright laws of the artist is one of the main roles of a lawyer for every artist. There are instances when someone will copy your work or use your work without permission.
Aug 1, 2017

Do I need a lawyer for every legal matter?

Nov 06, 2017 · Probably not, however you do have some other options. If you ever find yourself in need of legal representation, you can try Lawyers for the Arts. Most states have either a volunteer lawyers for the arts organization or regular lawyers for the arts who if you ask for it will sometimes give you a bro bono consultation to see want you need.

Why should I hire a lawyer?

Read: When to See an Art Attorney *** Thanks to Nate Cooper, lawyer, mediator, musician, and Legal Services and Education Coordinator for California Lawyers for the Arts, for assistance with this article. Disclaimer: This article is not to be taken or construed in any way as legal advice. If you need legal assistance, contact an attorney.

Can a lawyer represent themselves in court?

Commonly, the attorney and tax professional will need to confer on behalf of their client because the legal and financial matters are interrelated. What occasions considering the establishment of a business entity is that the artist has an issue or problem that cannot be solved any other way.

What do attorneys actually do?

Jan 16, 2013 · You have a limited amount of time to respond and you are going to waste a lot of it trying to shop around for a lawyer and, when you find one, they’re going spend a lot of time getting caught up on you and your situation. You never know when the next legal bump is around the corner and you might need a lawyer urgently.

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Why do artists need lawyers?

Trademark and Copyright - Prevent Others From Using Your Work. Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists' art, design, or photos and post them on social media channels or web pages.

Can an artist get sued?

When these rights are infringed, copyright owners can file a lawsuit seeking money damages for infringement as well as a court injunction to mandate that the infringer cease its infringing activity. As you can imagine, copyright law is therefore an important tool for visual artists.

What rights does an artist have?

The rights provide both artistic protection and ensure that artists can profit from what they've made. After an artist creates a piece, they have the right to make copies of their work, distribute those copies, perform or display the work publicly, or make works that derive from the original.Aug 4, 2016

Why you need an entertainment lawyer?

The Unique Role of the Entertainment Lawyer. ... '” According to Schroder, entertainment lawyers may protect their clients' intellectual property rights, represent them in court over disputes, negotiate contracts, show them ways to maximize earnings, and help them manage their taxes, among other tasks.

Do labels own copyright?

In return, the record label now has the exclusive right to reproduce, distribute, and license the sound recording. Thus, owning the sound recording copyright and exploiting these rights by making consumer copies (e.g. CDs, mp3s, etc.) and distributing to the masses is traditionally how record labels make their money.Feb 11, 2011

Do artists need to copyright their work?

You have a copyright in your artwork as soon as it has been created and fixed in a tangible object. It does not need to be registered with the copyright office or have a copyright notice attached to receive copyright protection. A copyright lasts for the life of the artist, plus 70 years after the artist's death.

What laws protect artists?

Copyright is a form of protection provided by the laws of the United States to the creators of “original works of authorship,” including literary, dramatic, musical, and artistic works. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code.

What is considered copyright infringement in art?

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.Mar 8, 2021

How does an artist protect their work?

Works of art are automatically protected by copyrights. ... Copyrights give the author or artist the exclusive right to copy, distribute, publicly perform, and make derivative works from the protected work.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

What is a celebrity lawyer?

Celebrity lawyers evaluate all of the strengths and expertise in their toolbox to understand how those skills will best help them to achieve their goals. They understand their priorities and make certain that everyday life encompasses those ideals and beliefs.May 15, 2015

What type of lawyer makes the most money?

Medical AttorneysMedical Attorneys Medical lawyers are among the highest paid types of lawyers and earn one of the highest median salaries in the legal field.Oct 27, 2021

What happens if a business gets sued?

If the business gets sued, you will be sued personally as well. It gives you complete flexibility that enables you to instantly shift the direction, policies and focus of your company. But, if there is a problem, any damage can potentially extend into your personal life.

Why is incorporation important?

Incorporation gives two main advantages: To raise money you can have people invest in your company. Because a corporation exists legally as a separate entity, it provides a liability shield between you and your personal assets and the business. If the company gets sued, you have some (not ironclad) protection.

What are the advantages of a corporation?

The third form of business is the corporation. Incorporation gives two main advantages: 1 To raise money you can have people invest in your company. 2 Because a corporation exists legally as a separate entity, it provides a liability shield between you and your personal assets and the business. If the company gets sued, you have some (not ironclad) protection. Company debts are separate from your personal financial situation.

What is a C corporation?

Both are corporations in the legal sense but the taxation of income and losses is handled differently. The "C" Corporation is your standard.

Why are partnerships beneficial?

Partnerships are beneficial when you need to raise more capital. A partner's contribution may help to launch your business venture or project. Because of the sums of money involved, many major films are produced within the limited partnership (and Limited Liability Company or LLC) form of entity.

Is an artist a sole proprietor?

Until the artist sets up a formal entity, he or she is by default a sole-proprietor. The sole-proprietor simply means one owner ( even though a husband-wife team can function as joint proprietors). By default, you will be automatically set up as a sole proprietorship if you do nothing else.

What is a flow through partnership?

You can see why partnerships are often referred to as "flow-through" entities, i.e. the income or loss "flows through" the partnership onto the partner's personal income tax return. The partnership does have the unique and critical tax advantage of "special allocations.".

What makes a good lawyer?

One of the talents that makes a good lawyer a good lawyer is his or her ability to reach out, contact the right people and get action.

What can a lawyer tell you?

A lawyer can usually tell you where to go and what to watch out for. Having someone who can direct you to the right people is always invaluable and that’s something attorneys excel at. 5. You Never Know….

Why do people avoid talking to lawyers?

One of the big reasons that people avoid talking with an attorney before it becomes absolutely necessary is cost. TV shows hype up lawyers with high rates and make your lawyers look more expensive than they actually are.

Who is Jonathan Bailey?

Jonathan Bailey founded and continues to write at Plagiarism Today, a site about content theft and copyright issues on the internet. He also manages CopyByte, a company that protects online content, and writes a regular column for BloggingPro .

What is preventative work?

Most people think of attorneys as people who fix problems but, in truth, most of the work that they do is preventative in nature. Whether it’s reviewing contracts, writing up agreements, filing paperwork or making sure that their client is compliant with the law.

What happens if you are sued?

Law Suits. If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4.

What is civil law?

Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments.

What are the two legal categories?

Two Legal Categories – A Short Explanation 1 Civil Law: This area of law covers all legal issues that do not involve criminal activity or breaking the law. Generally, one party sues another because they have been “wronged” in some way and want some type of compensation for that “wrong.” Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. 2 Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments. The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).

What is a complex divorce?

1. A Complex or Nasty Divorce. When couples mutually agree on all of the details of a split, there is no real need for a lawyer. When, however, there are issues of property, investments, savings, support, debt, and child custody arrangements, only a fool neglects getting legal representation.

Can you go to court for DUI?

A good lawyer can meet with the prosecutor and get the charges reduced, especially if this is your first offense. Never go to court on a DUI charge without a lawyer — unless you are willing to accept the maximum penalty.

Is a public defender better than a private attorney?

Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.

Is it scary to face a criminal charge?

Facing any criminal charge is scary, and you may not even know your rights as an accused person. Get a lawyer immediately for protection of your rights and so that you are defended as well as possible — guilty or not.

Why should I hire an attorney?

Below are the top ten reasons to hire an attorney. 1. The Law is Complicated. If you're not a lawyer you probably have no business acting like one in certain instances. Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

What is at stake in a civil case?

What's at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.

Is it better to plead guilty or admit fault?

Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you. When you hire a lawyer, they can explain all of your options and can help you avoid potentially severe penalties even before a trial begins. 7. It's Always Better to Avoid Problems Rather Than Fix Them Later.

What do attorneys depend on?

Attorneys depend on an extended network of professionals to help their clients ' cases. Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.

Can I have a free consultation with a lawyer?

Since many attorneys will meet with you for free during a face-to-face consultation, there is really no harm in talking with one. Not only will a free consultation give you an idea of the type of case you have and its likely outcome, it will help you decide whether you actually need to hire a lawyer.

What is the disadvantage of being a non-adversarial?

Non-attorneys are generally at a disadvantage when squaring off against opposing counsel or doing business with another party that has legal counsel. As explained above, the law is complicated and an attorney representing your adversary (or even a non-adversarial party entering into a legal agreement with you) will take advantage of this inequity.

Why do artists do their thing?

An artist does her thing because she cannot find it anywhere else. She feels that it should exist and that it should be shared with the rest of the world. In other words, it’s worth considering creating art for yourself. Paradoxically, it’s the main reason why it’s going to be appreciated by others.

How do artists work daily habits?

“Daily Habits: How Artists Work” permanently dispels the romantic notion of an artist. It lets you adopt a less seductive point of view. Mainly, that it takes time, focus and concentration to create great art. “Inspiration is for amateurs,” Chuck Close says. “The rest of us just show up and get to work.” Within the pages of the book, you’ll meet many great artists in close quarters.

Is it easy to post abusive comments?

Posting an abusive comment is easy (and reading some of them is an exercise in masochism). Genuine criticism, however, may serve as valuable feedback on your work. It helps you to improve. But dealing with arrogant pricks with poisoned souls, who want make you feel bad, is a different thing.

Do you have to be a painter to be an artist?

You don’t have to be a painter, sculptor, composer or movie director to be an artist. Instead, you can organize events, build businesses, develop mobile apps, grow gardens, share useful ideas, or lead an original social life. It’s not about the thing itself.

Why should I become an artist?

1. YOU CAN BRING YOUR OWN WORLDS TO LIFE. We all have stories we want to tell, incredible universes living inside our heads. While some people tell their stories, some write them, we bring them to life through our artworks.

What does it mean to be an artist?

Becoming an artist means you’ll embark in a very long journey that never ends. You don’t have to meet certain standards to step on it. You don’t need to run through it. The only important thing is that you walk down the path and enjoy it as much as you can.

What to say in "Nothing I said will be worth anything if you don't step forward and take action

In conclusion, nothing I said will be worth anything if you don’t step forward and take action now! You are ready to become an artist. Creativity runs in your blood. Invest in yourself! Nothing is stopping you now , friend.

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