The Art Biz How to Legally Protect Your Creative Work with Kathryn Goldman (#125)
I can't resist legal cases about art, from thefts and forgeries to copyright infringement to gallery dealers and so-called experts who end up in front of a judge for defrauding collectors. While most artists will never see the inside of a courtroom, you might be concerned with copyright infringement or receive unsettling news that someone is using your creative work without your permission. Every artist (you) should know the basics for protecting their art. In this episode of The Art Biz, I am joined by Kathryn Goldman, an intellectual property and internet law attorney who helps creative professionals protect their work so they can profit from it. She is the founder of The Creative Law Center website and membership program, which offers understandable information, actionable strategies, and easy to use tools for the development of creative businesses. Our conversation focuses around Kathryn's Four Step Framework to help you identify, protect, monitor, and enforce your creative rights.
Highlights
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Kathryn is an intellectual property attorney who helps creative professionals protect their copyrights, trademarks and brilliant business ideas. (2:45)
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The four step framework that helps artists know what, when and how to take action. (4:45)
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Copyright 101- identify the rights that a copyright protects and what is not covered. (7:13)
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Protect your artwork with a copyright registration. (12:25)
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Filing in small claims court for infringement can result in $15,000 payout. (15:33)
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Trademarks are source identifiers that protect against consumer confusion. (18:31)
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Keith Haring, Banksy, and other famous artist trademarks. (21:00)
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Does an artist need to register a copyright for every single thing they make? (30:35)
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Protection is the combination of copyright, trademark, and contract. (33:05)
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FARE contracts keep the right to control a piece in the hands of the artist. (35:09)
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Artists with a secondary market stand to benefit greatly from a FARE contract. (39:10)
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Monitoring your work to determine if it's been stolen is up to you (and your tribe). (41:30)
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How I handled copyright infringement of my writing. (46:24)
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The ladder of enforcement offers options for reaction when someone is stealing your work. (49:55)
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The recipe for registering your most valuable work is essential. (57:07)
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Kathryn's upcoming programs and workshops. (59:05)
Mentioned
Resources
Quotes
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"I like it when artists understand when they need to take action, what action they need to take, and how to do it effectively and efficiently." — Kathryn Goldman
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"The right to control those kinds of changes to the art comes from the copyright." — Kathryn Goldman
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"A lot of working artists have trademarks, especially those who are building a business on licensing their art." — Kathryn Goldman
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"Copyright is not as strong as trademark, and trademark is not as strong as a good contract." — Kathryn Goldman
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"With this combination of tools, I think we really are going to start seeing some interesting things happen with contracts in the art world." — Kathryn Goldman
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"The best infringement protection is going to be your tribe." — Kathryn Goldman
Guest Bio
Kathryn Goldman is an intellectual property and internet law attorney who helps creative professionals protect their work so they can profit from it. She believes sustainable businesses are built on properly protected creative assets. Kathryn runs the Creative Law Center website and membership program. The Creative Law Center provides innovative creatives with the affordable business and legal resources they need when evolving from artist to entrepreneur. The Creative Law Center offers understandable information, actionable strategies, and easy to use tools for the development of creative businesses. Kathryn practices law in Baltimore, Maryland.