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
Kathryn is an intellectual property attorney who helps creative professionals protect their copyrights, trademarks and brilliant business ideas. (2:45)
The four step framework that helps artists know what, when and how to take action. (4:45)
Copyright 101- identify the rights that a copyright protects and what is not covered. (7:13)
Protect your artwork with a copyright registration. (12:25)
Filing in small claims court for infringement can result in $15,000 payout. (15:33)
Trademarks are source identifiers that protect against consumer confusion. (18:31)
Keith Haring, Banksy, and other famous artist trademarks. (21:00)
Does an artist need to register a copyright for every single thing they make? (30:35)
Protection is the combination of copyright, trademark, and contract. (33:05)
FARE contracts keep the right to control a piece in the hands of the artist. (35:09)
Artists with a secondary market stand to benefit greatly from a FARE contract. (39:10)
Monitoring your work to determine if it’s been stolen is up to you (and your tribe). (41:30)
How I handled copyright infringement of my writing. (46:24)
The ladder of enforcement offers options for reaction when someone is stealing your work. (49:55)
The recipe for registering your most valuable work is essential. (57:07)
Kathryn’s upcoming programs and workshops. (59:05)
Mentioned
Resources
Quotes
“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
“The right to control those kinds of changes to the art comes from the copyright.” — Kathryn Goldman
“A lot of working artists have trademarks, especially those who are building a business on licensing their art.” — Kathryn Goldman
“Copyright is not as strong as trademark, and trademark is not as strong as a good contract.” — Kathryn Goldman
“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
“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.
An artist’s best resource is another artist. And to really know what a real artist’s life looks like on a daily basis, you have to study and talk to those artists. You can read their biographies, watch their videos, and listen to them on podcasts, including this one. In this episode of The Art Biz, I talk with Geoffrey Gorman about what it’s like to be a working artist, an identity he came to later in life and has sustained for nearly two decades. Geoffrey and I discuss his background as a furniture maker, gallery dealer, and artist consultant and how each role has contributed to his life as an artist. He also reveals how he approaches his work, where he finds inspiration, his take on how the art world is changing, and his advice to artists in the rapidly-evolving market.
Highlights
“You can make something from anything.” The evolution of Geoffrey’s process. (2:35)
Journeying back into the arts after a 30-year break. (8:45)
Geoffrey’s timeline from furniture maker to gallery dealer, artist coach to full-time artist. (11:08)
What does being an artist look like in Geoffrey’s material-driven world? (16:02)
Carving a whale and honoring the passing of time. (23:21)
Tactics for increasing your credibility as an artist. (28:02)
Evolving with the demands of a constantly changing art world. (31:16)
Navigating your relationships with dealers. (36:02)
Feedback worth soliciting as an artist. (38:55)
The importance of connections as a small business owner. (43:00)
How can artists utilize social media to find collectors and curators? (48:00)
A look at where Geoffrey is putting his efforts next. (50:22)
Mentioned
Optimize Your Online Marketing
Resources
Quotes
“I realized I had to create this world that I was producing.” — Geoffrey Gorman
“You are the number one expert about your work in the world.” — Geoffrey Gorman
“A lot of old benchmarks are now gone for artists.” — Geoffrey Gorman
“There are so many opportunities for us as artists out there.” — Geoffrey Gorman
“Your best resource is another artist.” — Geoffrey Gorman
Guest Bio
Geoffrey Gorman was born in Paris, France, but eventually moved to and grew up on an old horse farm in the countryside near Baltimore, Maryland. The dilapidated architecture and abandoned quarries of his childhood influence and inspire the found material sculptures the artist creates today. Gorman has worked as a contemporary furniture designer, gallery dealer, curator, and art consultant before becoming a full-time professional artist. He has exhibited nationally and internationally, including in China and South Korea. Gorman’s work is in public and private collections, including the Racine Art Museum and the University of Colorado.