Art Law and the Holidays     Deborah Gonzalez, Esq.  Binders Art School, Nov. 2011
Disclaimer   This presentation is for educational    purposes only and does not constitute    legal advice. It is recomme...
Overview Introduction What is a holiday? How to keep your art legal during the  holidays? Q&A
Introduction        Deborah Gonzalez, Esq.              IP Attorney    Art, Music & Entertainment Law          Atlanta – N...
Who are you?               Name?             Art Genre?         How long an artist?   What are your goals as an artist?  W...
What is a holiday?   A day free from work that one may spend at    leisure, especially a day on which custom or the    la...
Winter Seasonal Holidays?   Thanksgiving (Nov.)   Christmas   Hanukah   Kwanzaa   Winter Solstice   Boxing Day (Dec....
Winter Seasonal Holidays?   Countries may also celebrate:     Independence Day     A day in recognition of a national h...
Keeping Holiday Art Legal?   Trouble can happen because of the:     Message (spiritual vs secular)     Expression of th...
Message   What is the message?   Is the message religious, secular, targeted    to a certain population only?   Is the ...
Message   The Establishment Clause   “Congress shall make no law respecting    an establishment of religion”   Extended...
Message   Christmas Banned in Boston (1659)     Lasted 22 years     Penalty – 5 shillings per offense   Public Schools...
Expression of the Message   Copyrights of Holiday Art       Originality vs generic iconic symbols       Copyrights vs p...
Expression of the Message   USPTO – 122 Records with a trademark using    “Santa Claus”   Coca-cola has Trademarked the ...
Expression of the Message   Domain Names     Global access owns christmas.com since      1997     Versimedia owns Hanuk...
Expression of the Message   Background Music to Art Installations or    Exhibits     Music Licensing Rights     YouTube...
Expression of the Message   Censorship of holiday messages vs. First    Amendment Freedom of Speech   What is offensive ...
Visualization of the Message   Special concerns for 3D art and physical    installations.   Personal injury to a viewer ...
Exhibiting Art During the Holidays   Festivals & Fairs   Silent Auctions/Donations   Gifts (taxes)
Legal Holiday Greeting   Please accept with no obligation, implied or implicit, my    best wishes for an environmentally ...
Legal Holiday Greeting   I also wish you a fiscally successful, personally fulfilling    and medically uncomplicated reco...
Legal Holiday Greeting   By accepting these greetings, you are accepting the    aforementioned terms as stated. This gree...
Legal Holiday Greeting   This wish is warranted to perform as expected within the    usual application of good tidings fo...
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Art Law And The Holidays

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This session will look at legal concepts and how they apply to holiday renderings and art in paint, sculpture, digital, collages, etc. Topics will include copyrights, public domain, fair use, publicity rights, cultural heritage rights, first sale doctrine, and more.

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Art Law And The Holidays

  1. 1. Art Law and the Holidays Deborah Gonzalez, Esq. Binders Art School, Nov. 2011
  2. 2. Disclaimer This presentation is for educational purposes only and does not constitute legal advice. It is recommended that you seek legal counsel for specific matters.
  3. 3. Overview Introduction What is a holiday? How to keep your art legal during the holidays? Q&A
  4. 4. Introduction Deborah Gonzalez, Esq. IP Attorney Art, Music & Entertainment Law Atlanta – New York 706-614-9915 dgartlaw@att.net
  5. 5. Who are you? Name? Art Genre? How long an artist? What are your goals as an artist? What do you want to learn from this presentation?
  6. 6. What is a holiday? A day free from work that one may spend at leisure, especially a day on which custom or the law dictates a halting of general business activity to commemorate or celebrate a particular event. A religious feast day; a holy day. Chiefly British A vacation. Often used in the phrase on holiday. http://www.thefreedictionary.com/Holiday
  7. 7. Winter Seasonal Holidays? Thanksgiving (Nov.) Christmas Hanukah Kwanzaa Winter Solstice Boxing Day (Dec. 26) New Year’s Eve (Dec. 31) Three Kings Day/Epiphany (Jan. 6)
  8. 8. Winter Seasonal Holidays? Countries may also celebrate:  Independence Day  A day in recognition of a national hero  Other religious day (saints, etc.)
  9. 9. Keeping Holiday Art Legal? Trouble can happen because of the:  Message (spiritual vs secular)  Expression of the Message (copyrights, trademarks, offensive, censorship)  Visualization of the Message (personal injury/location)  Exhibiting Art During the Holidays
  10. 10. Message What is the message? Is the message religious, secular, targeted to a certain population only? Is the message your message or the message of someone who is paying you to do the art work?
  11. 11. Message The Establishment Clause “Congress shall make no law respecting an establishment of religion” Extended to all government levels and agencies.
  12. 12. Message Christmas Banned in Boston (1659)  Lasted 22 years  Penalty – 5 shillings per offense Public Schools and the Holidays  Separation of state and church  Bias towards one religion over another  Christmas Tree vs. Holiday Tree
  13. 13. Expression of the Message Copyrights of Holiday Art  Originality vs generic iconic symbols  Copyrights vs patents (for certain ornaments, etc.)
  14. 14. Expression of the Message USPTO – 122 Records with a trademark using “Santa Claus” Coca-cola has Trademarked the Santa Claus drawing 2005 “Santa Claus” Trademarked for a video game (abandoned; David DePaulis; CA)
  15. 15. Expression of the Message Domain Names  Global access owns christmas.com since 1997  Versimedia owns Hanukkah.com since 1997  P. Gordon owns Holidays.com Photos with Santa  Photographer owns the copyright in the photo  Can’t make reprints w/out their permission
  16. 16. Expression of the Message Background Music to Art Installations or Exhibits  Music Licensing Rights  YouTube Classic Media owns Rudolf’s Red Nose, Frosty the Snowman, and the Little Drummer Boy
  17. 17. Expression of the Message Censorship of holiday messages vs. First Amendment Freedom of Speech What is offensive and to whom?
  18. 18. Visualization of the Message Special concerns for 3D art and physical installations. Personal injury to a viewer (liability waiver between artist and venue) Public Art Liability Insurance (depending on location) Holiday Art Parties – Host Liabilities
  19. 19. Exhibiting Art During the Holidays Festivals & Fairs Silent Auctions/Donations Gifts (taxes)
  20. 20. Legal Holiday Greeting Please accept with no obligation, implied or implicit, my best wishes for an environmentally conscious, socially responsible, low-stress, non-addictive, gender-neutral celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasion and/or traditions of others, or their choice not to practice religious or secular traditions at all.
  21. 21. Legal Holiday Greeting I also wish you a fiscally successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2011, but not without due respect for the calendars of choice of other cultures whose contributions to society have helped make America great. Not to imply that America is necessarily greater than any other country nor the only America in the Western Hemisphere . Also, this wish is made without regard to the race, creed, color, age, physical ability, religious faith or sexual preference of the wishee.
  22. 22. Legal Holiday Greeting By accepting these greetings, you are accepting the aforementioned terms as stated. This greeting is not subject to clarification or withdrawal. It is freely transferable with no alteration to the original greeting. It implies no promise by the wisher to actually implement any of the wishes for herself/himself/others, and is void where prohibited by law and is revocable at the sole discretion of the wisher.
  23. 23. Legal Holiday Greeting This wish is warranted to perform as expected within the usual application of good tidings for a period of one year or until the issuance of a subsequent holiday greeting, whichever comes first, and warranty is limited to replacement of this wish or issuance of a new wish at the sole discretion of the wisher. Gary Farnsworth http://www.nachi.org/forum/f14/legal-christmas-greeting-56127/
  24. 24. Q&A

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