Arts Legislation and Advocacy

Organizations are listed in alphabetical order by name.

Americans for the Arts, 1000 Vermont Avenue, NW, 6th Floor, Washington DC 20005, Also: 1 East 53rd Strreet, 2nd Floor, New York, NY 10022 
URL: www.artsusa.org
Description: National organization that provides information on legislative issues and government policies affecting the arts.

 


CARFAC-BC, Suite 100 – 938 Howe Street, Vancouver, BC V6Z 1N9, Canada
URL: www.carfacbc.org 
Description: A regional branch of a national advocacy organization for Canadian artists.

CARFAC Maritimes, 2575 Elm Street, Halifax, Nova Scotia B3L 2Y5,
URL: www.carfacmaritimes.org
Description: An advocacy organization for artists in Nova Scotia, New Brunswick, and Prince Edward Island.
CARFAC National, 2 Daly Avenue, Suite 250, Ottawa, Ontario K1N 6E2, Canada 
URL: www.carfac.ca
Description: A national advocacy organization for Canadian artists.
CARFAC Ontario, 440-401 Richmond Street West, Suite 440, Toronto, Ontario M5V 3A8, Canada,
URL: www.carfacontario.ca
Description: A regional branch of an advocacy organization for Canadian artists.
CARFAC Saskatchewan (Saskatoon), #203 - 416-21st Street East, Saskatoon, SK, S7K 0C2, Canada and and 1734-A Dewdney Avenue, Regina, SK, S4R 1G6, Canada 
URL: www.carfac.sk.ca
Description: Regional branch of a national advocacy organization for artists.
CARFAC-VANL: Visual Arts Newfoundland and Labrador, Devon House, 59 Duckworth Street, St. John’s A1C 1E6, Newfoundland 
URL: www.vanl-carfac.com
Description: A regional branch of CARFAC, a national advocacy organization for Canadian artists.

 


Publications are listed in alphabetical order by title.

Title: Cultural Battlefield (The): Art Censorship & Public Funding
Author/Editor: Jennifer A. Peter and Louis M. Crosier
Description: Perspectives on the validity of public funding, the meaning of obscenity, and targets of censorship. Explores why and how the government has tried to stifle artistic expression that challenges the status quo.
Publisher: Avocus Publishing
Publication Date: 1997
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Title: NCFE National Handbook Understanding, Preparing, and Responding to Challenges to Your Freedom of Artistic Expression
Author: David Greene.
Description: Provides an overview of legal concepts, tips for organizing and empowering local arts communities, summaries of past incidents, examples of censored work, and a resource directory.
Publisher: National Campaign for Freedom of Expression
Available from: Americans for the Arts, 1000 Vermont Avenue, NW, 6th Floor, Washington, DC 20005. New York office: 1 East 53rd Street, 2nd Floor, New York, NY 10022.
URL: http://www.americansforthearts.org/by-program/reports-and-data/legislation-policy/naappd/ncfe-handbook-to-understanding-preparing-for-and-responding-to-challenges-to-your-freedom-of

 

 

Licensing Art & Design

ORGANIZATIONS ARE LISTED IN ALPHABETICAL ORDER

International Licensing Industry Merchandiser’s Association, 350 Fifth Avenue, Suite 6410, New York, NY 10118,
URL: www.licensing.org
Description: Provides a Licensing Online Directory with links to licensing agents worldwide.

 


 PUBLICATIONS ARE LISTED IN ALPHABETICAL ORDER

 

Title: License to Draw: How I built a fun career in art licensing and you can too!
Author: Ronnie Walter
Description: Covers the ins and outs of the art licensing business with a step by step explanation of
how to get your work published, and how the author built a successful career with hundreds of products generating royalties.
Publisher: R.J. Smarat Publishing
Publication Date: 2013
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Title: Licensing Art and Design
Author: Caryn R. Leland.
Description: A comprehensive and helpful guide to the mechanics of licensing images for use on apparel, ceramics, posters, stationery, and many other products.
Publisher: Allworth Press
Publication Date: Revised 1995
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Title: Licensing Art 101: Publishing and Licensing Your Artwork for Profit
Author: Michael Woodward
Description:
Publisher: ArtNetwork
Publication Date: Revised 2007
Description: Includes information and advice about conducting business with the publishing and licensing industries. Provides contact
information of licensing agents, greeting card publishers, fine art publishers, stationery publishers, and more.
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Title: Licensing Photography
Authors: Richard Weisgrau and Victor S. Perlman
Description: Written by a photographer and intellectual property attorney. Provides advice on writing licensing agreements,
how to successfully negotiate fees, and the price value of licenses.
Publisher: Allworth Press
Publication Date: 2006
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WEBSITES

Title: 5 Tips for Finding the Right Licensing Agent – Part 1, and What Can I Expect From My Agent—and They Expect From Me? - Part 2
Description: All Art Licensing Blog, Agent Series penned by J’net Smith.
URL: https://blogjnet.wordpress.com/category/licensing-agents

Title: How to License Your Art Successfully
Description: Penned by Steve Schlackman, Art Law Journal
URL: http://artlawjournal.com/how-to-licensing-your-art-successfully

Title: How to Start Licensing Your Art (and Why You Should)
Description: Penned by Mark McGuinness.
URL: http://lateralaction.com/articles/art-licensing

Title: License It
Description: An article about licensing art by Cheryl Phelps. Published by the Graphic Artists Guild
URL: www.graphicartistsguild.org/tools_resources/license-it
Title: To Sell Or To Rent: The Difference Between Copyright License and Transfer
Description: An article by Jean S. Perwin. Published by the Graphic Artists Guild.
URL: www.graphicartistsguild.org/tools_resources/to-sell-or-to-rent
Title: “What to Charge for Art Licensing – Royalties Advances and Flat Fees,”
Description: A blog article penned by Maria Brophy
http://mariabrophy.com/art-licensing/what-to-charge-for-art-licensing-royalties-advances-and-flat-fees.html

 

Estate Planning

ORGANIZATIONS ARE LISTED IN ALPHABETICAL ORDER

The Art Connection 
URL: www.theartconnection.org/donate-art/art-donor-faqs-artists
Description: An art donation and placement program for artists and collectors who want to donate artwork to public and nonprofit organizations. Serves as an art clearinghouse, simplifying the donation process and offering a wide range of original works for selection by qualifying nonprofit agencies.
Art Connection in the Capital Region 
URL: www.artconnection-cr.org/?c344b400
Description: Works with artists and art collectors in donating artwork to nonprofit community groups.
Art Connects New York (ACNY)
URL: www.artconnectsnewyork.org
Description: Facilitates the installation of permanent exhibitions of contemporary artwork in diverse human service organizations to inspire critical dialogue and promote healing among the people those agencies serve, including those who were formerly incarcerated, those with physical or mental challenges, the elderly, homeless, and immigrants and refugees.

Artists Over Sixty Program, Volunteer Lawyers for the Arts 
https://vlany.org/artists/artists-services 
Description: Provides legal services and education to senior artists to address age-specific legal and business issues. The program emphasizes the need for will drafting and estate planning services, and offers access to other legal services, including counseling on the use of artwork on the Internet and other digital media. The program also includes special education courses directed to the needs of senior artists.

Fine Art Adoption
URL: www.fineartadoption.net

Description: Arranges for the adoption of artwork by collectors. Artists can specify if they want work adopted by a nonprofit organization.

Joan Mitchell Foundation 
URL: http://joanmitchellfoundation.org/artist-programs/call#sthash.yZ33136U.dpuf
Description: Sponsors the program Creating a Living Legacy (CALL), a initiative designed to provide support to older artists in the areas of studio organization, archiving, inventory management, and through this work create a comprehensive and usable documentation of their artworks and careers.

New York Health & Hospital Corporation
URL: http://building.nychhc.org/ArtGallery/ContactUs.aspx
Description: The Art Collection program sponsors an art donations program.

POBA
URL: https://poba.org
Description: A nonprofit organization and program of the James Kirk Bernard Foundation, founded to celebrate and feature the works of deceased 20th and 21st century artists, spanning the full gamut of artistic expression. Showcases, promotes, and preserves the creative work of 20th and 21st Century artists who have died without recognition of the full measure of their talents or creative legacies.
Senior Artists Initiative 
URL: www.seniorartists.org
Description: A nonprofit organization that assists artists in understanding the need for and processes involved in organizing their life's work. Educates artists about the process of documenting and inventorying their work, legal issues pertaining to their art, estates, and artists rights. Sponsors an Inventory And Oral History Project, and produces video interviews of established artists for online viewing. 

 


PUBLICATIONS ARE LISTED IN ALPHABETICAL ORDER

 
 
Title: Artists’ Estates: Reputations in Trust
Author/Editor: edited by Magda Salvesen and Diane Cousineau
Description: Surveys the lives of important 20th century American artists and the management of their accumulated works. Opens a window into problems of taxes, wills and trust, the inheritors’ role in conservation, succession and interpretation, and the responsibility for our visual heritage.
Publisher: Rutgers University Press
Publication Date: 2005
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Title: A Legal Guide for Lesbian and Gay Couples
Author/Editor: Denis Clifford, Frederick Hertz & Emily Doskow
Description: Revised. A detailed legal survey of the laws affecting gay and lesbian couples, including estate planning.
Publisher: Nolo Press
Publication Date: 2012
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Title: Legal Guide for the Visual Artist
Author/Editor: Tad Crawford
Description: Revised edition. See chapter "The Artist's Estate."
Publisher: Allworth Press
Publication Date: 2010
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Title: Strategies for Serious Older Artists
Author: Eric Rudd and edited by Barbara Rudd  
Description: Covers the subject of what will happen to your artwork after you die, including how to upgrade and adjust your studio methods, and how to get ahead of the curve for your later years.  It offers alternatives for preserving and exhibiting your life’s work even after you die
Publisher: Cire Corporation
Publicaiton Date: 2013.  
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Title: The Visual Artists’ Guide to Estate Planning
Author/Editor: Karilynne Ming Ho
Description: Provides an introduction to estate planning in Canada, including all the basics; what is a living will, why artists should have a will and how it will protect their artwork and subsequent income, as well as what happens when you die; deciding what to do with your art; artists’ inventory and selling off work; charitable and planned giving; copyright; and a discussion of heirs, executors, and lawyers.
Publisher: CARFAC Ontario
Publication Date: 2007
URL: www.carfacontario.ca/The-Visual-Artists-Guide-to-Estate-Planning 
Title: A Visual Artist's Guide to Estate Planning
Description: Revised edition. Introduces general estate planning concepts and offers practice advice and a discussion of legal issues raised by artists. Also includes an in-depth discussion of policy and law on selected issues of estate planning. Only available online.
Publisher: Marie Walsh Sharpe Art Foundation
Publication Date: 2007
URL: www.pittsburghartscouncil.org/storage/documents/visual_artists_estate_plan.pdf 
   

 

 

WEBSITES

Title:" Death and Taxes: Artists and Collectors Can Save Millions Through Careful Estate Planning"
Description: An article by Nicole Martinez. Art Law Journal, February 23, 2016.
http://artlawjournal.com/death-taxes-estate-planning 

Title: Elder Artists’ Legal Resource
Description: A collaboration of the Columbia UniversityLaw School’s Lawyering in the Digital Age Clinic, the City University of New York Elder Law Clinic, Volunteer Lawyers for the Arts, the Research Center for Arts and Culture (RCAC) at The Actors Fund, and the National Center for Creative Aging. The site provides information to help older artists document their work, and with a set of instruments to protect the work after the artist’s death.
URL: http://elderartistslegalresource.org

Title: Estate Planing for Artists
Description: Provides basic information for artists regarding estate planning. Written by Robert H. Louis, Esq.
URL: www.seniorartists.org/estateplan.html

Copyrights, Trademarks & Patents

ORGANIZATIONS ARE LISTED IN ALPHABETICAL ORDER

Artists Rights Society
URL: www.arsny.com
Description: A membership organization and the preeminent copyright, licensing, and monitoring organization for visual artists in the United States.  Represents the intellectual property rights interests of more than 60,000 visual artists and the estates of visual artists from around the world  painters, sculptors, architects, photographers and others.

California Inventors Assistance Program (CIAP) California Lawyers for the Arts
URL: www.calawyersforthearts.org/CIAP 
Description: A new pro bono program designed to assist financially under-resourced independent inventors and small businesses.

Canadian Artists Representation Copyright Collective (CARCC ) 
URL: www.carcc.ca
Description: Negotiates the terms for copyright use for Canadian artists affiliated with the organization.
Copyright Office
URL: www.loc.gov/copyright
Description: Copyright application forms can be obtained from this address. Also sec various website listings in this section.  
Design and Artists Copyright Society
Description: Collects and distributes royalties to visual artists and their estates through three programs: payback, artist’s rresale rights, and copyright licensing.
United States Patent and Trademark Office
URL: www.uspto.gov

 


 PUBLICATIONS ARE LISTED IN ALPHABETICAL ORDER


 

Title: CARFAC Advisory Notes
Description: For Canadian artists. Includes Copyright and Commissioned Works; Copyright for Visual Artists; and Trademarks and Trade Names. .  Each document can be ordered separately on a CD-ROM in PDF format. Free to CARFAC Ontario members.
Publisher: CARFAC Ontario
URL: http://www.carfacontario.ca/CARFAC-Ontarios-Advisory-Notes

Title: Code of Best Practices in Fair Use for the Visual Art 
Description: Provides visual arts professionals with a set of principles addressing best prctices in the fair use of copyrighted materials. Available free online.
Publisher: College Art Association
Publication Date: 2015
URL: http://collegeart.org/fair-use/best-practices#MakingArt

Title: The Copyright Zone: A Legal Guide For Photographers and Artists In The Digital Age
Authors: Edward C. Greenberg and Jack Reznicki
Description: Provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property,
copyright, and business concerns in an accessible manner. Also discusses what is and isn’t copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and more.
Publisher: Focal Press
Publication Date: Revised 2015 
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Title: The Creative Artist's Legal Guide: Copyright, Trademark and Contracts in Film and Digital Media Production
Author/Editor: Bill Seiter and Ellen Seiter
Description: A user-friendly guide that supplies artists with the essential legal concepts needed to swim safely with lawyers, agents, executives, and other experts in intellectual property and business law.
Publisher: Yale University Press
Publication Date: 2012
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Title: Guide to Copyright Basics
Authors: Terry Mahoney and Sue Greenberg.
Description: A free downloadable publication.
Publisher: Volunteer Lawyers and Accountants for the Arts, revised 2015.
Publication Date: revised 201
URL: http://vlaa.org/wp-content/uploads/2015/09/Copyright-Basics.pdf

Title: Legal Guide for the Visual Artist
Author/Editor: Tad Crawford
Description: Revised. Contains five chapters on copyright, including Registration; Works for Hire and Joint Works; Infringement, Fair Use, Compulsory Licensing, and Permissions; and the Digital Revolution
Publisher: Allworth Press
Publication Date: 2010

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Title: Patents for Beginners
Author/Editor: David Pressman and Richard Stim
Description: Revised edition. Defines what a patent is and what it can do for you, and step- by- step explains how to: use basic patent principles, document an invention, conduct a patent search, acquire patent rights, "read" an application, determine patent ownership, analyze disputes, find patent information, and interpret international patent law.
Publisher: Nolo Press
Publication Date: 2012
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Title: Permissions, A Survival Guide: Blunt Talk about Art as Intellectual Property
Author: Susan M. Bielstein
Description: Explores intellectual property law as it pertains to visual imagery, including what does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? And much more.
Publisher: University of Chicago Press
Publication Date: 2006
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Title: Reclaiming Fair Use: How to Put Balance Back in Copyright  
Authors: Patricia Aufderheide and Peter Jaszi
Publisher: University of Chicago Pess
Publication Date: 2011. Clears a path through the confusion regarding fair use and copyright laws.
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Title: Trademark: Legal Care for Your Business & Product Name
Author/Editor: Stephen Elias and Richard Stim
Description: Revised to reflect changes that have come about because of the advent of cyberspace, it offers clear instructions on initial selections, searches to ensure availability, state and federal registration procedures, correct use, and adjudication of any disputes that result.
Publisher: Nolo Press
Publication Date: 2013
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WEBSITES

Title: Copyright Registration for Online Works
Description: Circular 66.  Background registration information  
URL: http://www.copyright.gov/circs/circ66.pdf
Title: Copyright Registration for Pictorial, Graphic and Sculptural Works
Description: Provides good background information about obtaining a copyright for visual art.
URL: www.copyright.gov/circs/circ40.pdf

Title: Electronic Copyright Office (eCO)
Description: Website for registering copyrights online.
URL:  https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov 

 

Contracts & Forms

PUBLICATIONS ARE LISTED IN ALPHABETICAL ORDER

Title: Anatomy of a Contract
Author: Sue Greenberg,
Description: Written to give readers the confidence needed to negotiate.  It  encourages you to put your agreements in writing, and helps you determine when to seek legal counsel. Explains the benefits of using mediation to resolve art-related disputes. A downloadable publication.
Publisher: St. Louis Volunteer Lawyers and Accountants for the Arts.
Publication Date: revised 2015
URL: http://vlaa.org/wp-content/uploads/2015/09/Anatomy-of-a-Contract.pdf

Title: The Artist-Gallery Partnership: A Practical Guide to Consigning Art
Author/Editor: Tad Crawford and Susan Mellon
Description: Revised edition. Offers a clear explanation of consignment contracts. Provides information on consignment laws on a state-by-state basis.
Publisher: Allworth Press
Publication Date: 2008
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Title: Artists' Contracts: Agreements for Visual and Media Artists
Author/Editor: Paul Sanderson & Ronald N. Hier
Description: A comprehensive and easy-to-understand guide to the “dos and don'ts” of written contracts. It serves as an important educational primer, providing information on the essentials of contractual agreements, tips on how to draft and negotiate contracts, and advice on what to do if disputes should arise.
Publisher: CARFAC Ontario
Publication Date: 2006
URL: www.carfacontario.ca/Artists-Contracts-Agreements-for-Visual-and-Media-Artists 

Title: Business and Legal Forms for Crafters
Author: Tad Crawford.
Description: Contains ready-to-use forms with detailed instructions and negotiation checklists. Includes forms for sales, commissions, limited editions, exhibition loans, gallery agreements, consignments, licensing contracts, and permission forms. A CD-ROM with electronic versions of each form is also provided.
Publisher: Allworth Press
Publication date: Revised 2012

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Title: Business and Legal Forms for Fine Artists
Author: Tad Crawford
Description: Revised edition. Contains contracts and forms with detailed instructions and negotiation checklists. Includes forms for artist-gallery relations, licensing agreements, contracts for sales, etc. A CD-ROM with electronic versions of forms is included.
Publisher: Allworth Press
Publication Date: 2014
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Title: Business and Legal Forms for Illustrators
Author/Editor: Tad Crawford
Description: Contains contracts and forms including licensing of electronic rights, contracts for the sale of artwork, etc. A CD-ROM with electronic versions of each form is included.
Publisher: Allworth Press
Publication Date: 2016
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Title: Business and Legal Forms for Photographers
Author/Editor: Tad Crawford
Description: Revised edition
Contains 34 forms for photographers, each accompanied by step-by-step instructions, advice on standard contractual provisions, and unique negotiation checklists to guide professionals to the best deal. Each form are provided online on a supplemental website, with instructions in the book on how to gain access.
Publisher: Allworth Press
Publication Date: 2009
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Title: CARFAC Advisory Notes
Description: For Canadian artists. Includes Artist/Dealer Checklist: What Should You Include in an Agreement with a Dealer?; Sample Artist/Mural Contract; and Artist /Public Exhibition Agreement.  Each document can be ordered separately on a CD-ROM in PDF format. Free to CARFAC Ontario members.
Publisher: CARFAC Ontario
URL: www.carfacontario.ca/CARFAC-Ontarios-Advisory-Notes
Title: Creating A Successful Career In Photography
Author: Dan Lear 
Description: An electronic book that contains pre-formatted artist business forms and contracts.
URL: www.art-support.com/artistforms.htm 

Title: The Creative Artist's Legal Guide: Copyright, Trademark and Contracts in Film and Digital Media Production
Author: Bill Seiter and Ellen Seiter.   
Description: A user-friendly guide that supplies artists with the essential legal concepts needed to swim safely with lawyers, agents, executives, and other experts in intellectual property and business law.
Publisher:  Yale University Press
Publication Date: 2012

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Title: Guide to Artist-Gallery Consignment Contracts
Author: revised by Céline Bondard
Description: A downloadable publication.
Publisher: Volunteer Lawyers and Accountants for the Arts St. Louis
Publication date: Revised 2004.
URL:http://vlaa.org/wp-content/uploads/2015/05/Guide-to-Artist-Gallery-Consignment-Contracts.pdf

 


WEBSITES

 

Title: Artist/ Agent Agreement. Findlegalforms.com
Description: The form can be obtained and downloaded on the website free of charge.
URL: www.findlegalforms.com/free_product/artist-and-agent-agreement-/     

Title: Artist-Gallery Consignment Statues. St. Louis Volunteer Lawyers and Accountants for the Arts
Description: Links to more than 30 states that have statues governing business relationships between artists and art galleries.
URL: http://vlaa.org/artist-gallery-consignment-statutes

Title: H.R.1881 - American Royalties Too Act of 2015
Description: Description of a proposed national law that provides artists with resale royalties on works sold at auction.
URL: www.congress.gov/bill/114th-congress/house-bill/1881?q=H.R.+%201881