This document provides an overview of legal issues related to protecting art and discusses copyright, trademarks, publicity rights, and other considerations for visual artists. It was presented by Deborah Gonzalez, Esq. to educate artists on using legal tools and strategies to protect their work. The presentation covers topics such as copyright basics, derivative works, moral rights under VARA, trademarks, international protections, and resources for artists.

1. PROTECT YOUR ART!
Deborah Gonzalez, Esq.
Binders Art School/The Black Book Conversations

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.
All copyrights and trademarks of images belong
to their respective IP owners and are used under
Fair Use for educational purposes.

3. Introduction
• Who am I?
• Who is in the room?
• Why is law important
for artists?

4. Who are you as an artist?
• What is art? Who defines art?
– The law is not an art critic!
• Why do you produce art?
– To express yourself…
– To send a message…
– To document history…
– Other…

5. How can you protect it?
• The Law
– But you need to think of it ahead of time
– This is a tool in your art box.
– You need to learn or have the resources
accessible to you. (The Artist Legal Team)

6. Copyrights
What is copyright?
Copyright is a form of protection grounded in the U.S.
Constitution and granted by law for original works of
authorship fixed in a tangible medium of expression.
Copyright covers both published and unpublished
works.
US Copyright Office: Circular 44 Cartoons and Comic
Strips http://www.copyright.gov/circs/circ44.pdf

7. Copyrights
Bundle of Rights
Right to Reproduce the Work: the right to copy, imitate,
reproduce, duplicate or transcribe the work in fixed form.
Right to Derivative Works: the right to modify the work
to create a new work. A new work that is based upon an
existing work is a "derivative work".
Right to Distribution: the right to distribute the work to
the public by sale, rental, lease or lending.

8. Copyrights
Derivative Example: Jeff Koons

9. Copyrights
Bundle of Rights (cont).
Public Display Right: the right to show a copy of the work
directly to the public (e.g., hanging up a copy of a
painting in a public place) or by means of a website, film,
slide, or television image at a public place or to transmit
it to the public.
Public Performance Right: This is the right to recite, play,
dance, act or show the work at a public place or to
transmit it to the public.

10. Copyrights
What does copyright protect?
Copyright, a form of intellectual property law, protects
original works of authorship including literary,
dramatic, musical, and artistic works, such as poetry,
novels, movies, songs, computer software, and
architecture. Copyright does not protect facts, ideas,
systems, or methods of operation, although it may
protect the way these things are expressed.

11. Copyrights
When is my work protected?
Your work is under copyright protection the moment it is
created and fixed in a tangible form that it is perceptible
either directly or with the aid of a machine or device.
Do I have to register with to be protected?
No. In general, registration is voluntary. Copyright exists
from the moment the work is created. You will have to
register, however, if you wish to bring a lawsuit for
infringement of a U.S. work.

12. Copyrights
What happens if someone infringes me?
• Document the incident – research for all the facts
and data
• Make sure your copyright is registered
• Consult an attorney
• Send a Cease and Desist Letter
• If the item is online send a DMCA Take Down Notice
• Weigh the pros and cons of pursuing
litigation/arbitration

13. Copyrights
Protection in Other Countries?
• International Treaties and Agreements
– WIPO – World Intellectual Property Organization
• Copyright Offices in Other Countries
• EU Commission
– http://ec.europa.eu/internal_market/copyright/index
_en.htm
• Madrid Protocol
• United Nations Educational, Scientific & Cultural
Organization (UNESCO)

14. Copyrights
• Portfolio Drawings vs Selling
• Public Domain/Fair Use
• Appropriation/First Sale Doctrine
• First Amendment/Censorship
• Work Made for Hire/Contracts/Licensing

15. Other Legal Issues?
• Standards of Obscenity and Censorship
– Not all countries have First Amendment Rights as
in US.
– Not all state agencies have the same appreciation
for certain kinds of art.
– Decency and Respect – what do they mean in the
country/culture you are considering?
– Some countries culturally stricter than others
– Do your research so as not to offend and to get
good reviews and sales

16. Copyrights
From Shakespeare to Shakesgnome

17. Copyrights
http://www.monalisamania.com/artmain.htm

18. Visual Artists Rights Act
• The Visual Artists Rights Act of 1990 (VARA), 17
U.S.C. § 106A, is a United States law protecting artist rights.
• VARA was the first federal copyright legislation to grant
protection to moral rights. Under VARA, works of art that
meet certain requirements afford their authors additional
rights in the works, regardless of any subsequent physical
ownership of the work itself, or regardless of who holds the
copyright to the work. For instance, a painter may insist on
proper attribution of his painting and in some instances
may sue the owner of the physical painting for destroying
the painting even if the owner of the painting lawfully
owned it.

19. Visual Artists Rights Act
• Right to claim authorship
• Right to prevent the use of one's name on any work the
author did not create
• Right to prevent use of one's name on any work that has
been distorted, mutilated, or modified in a way that
would be prejudicial to the author's honor or reputation

20. Visual Artists Rights Act
• Right to prevent distortion, mutilation, or modification
that would prejudice the author's honor or reputation
• Additionally, authors of works of "recognized stature"
may prohibit intentional or grossly negligent destruction
of a work.

21. Visual Artists Rights Act
http://www.marshallastor.com/2008/04/30/ken
t-twtichell-settles-for-11-million-over-destruction-
of-ed-ruscha-monument/

22. Trademarks
• Words or symbols used to identify a source in
commerce.
• In today’s world related to branding.
• Infringement occurs if and when customers are
confused between the two marks because they are
too similar.

23. Trademarks
• Difference between ™ and ®
• Dilution or diminution of value of trademark
• Facebook vs. Lamebook (settled/disclaimer)
• Trademarks help in Social Media – for domain
names, social media accounts, etc.
• XXX. Domain – Cybersquatting
• Twitter account policy – Twitter now owns Tweet®
• SEO – Keyword Ads

24. Trademarks

25. Trademarks

26. Publicity Rights

27. Other Legal Issues?
• Exhibit Concerns
– Transportation
– Insurance
– Catalogue (Photos of Art Work)
– Online Availability of Images
– Contract

28. Other Legal Issues?
• Sale Concerns
– Who represents you?
– Silent Auctions/Tax Incentives
– Paying Tax on Income for Sales
– Documentation
• Bill of Sale
• Authenticity Letter

29. Online & Beyond
• Marketing
• Exposure/Awareness/Advocacy
• Crowdsourcing
• Venue
– Contracts
– Social Media Platform Terms of Use
• Cartoon Network #3 – THEY OWN YOUR CONTENT!!!!
– Rules/Etiquette
• Liabilities
– Defamation

30. Online & Beyond
• Licensing
• Merchandising
• Festivals
• Direct Sales

31. International
• Different Countries/Different Laws – Country
Embassies/General Consuls/Cultural Attaches
– UK: http://www.own-it.org/
• Always put a copyright/trademark notice on
anything you post
• Put language that you own your rights and will
enforce them
• Digital Signatures for Intl Contracts
• E-transactions (currency exchange)
• Jurisdiction when an infringement occurs
• Language

32. Resources
• US Copyright Office
– http://www.copyright.gov/
• Copyright Registration for Works of Visual Art
– http://www.copyright.gov/circs/circ40.pdf
• Artist Rights Society
– http://www.arsny.com/
• Harvard Art/Image Rights
– http://www.law.harvard.edu/faculty/martin/art_law/i
mage_rights.htm

33. Q&A
The Law Office of Deborah
Gonzalez, Esq., LLC
706-614-9915
dgartlaw@att.net
www.dgonzalezesq.com
@dg_iplaw