When Your Brand Also Happens to Be a Surname

So you’re about to launch a new brand, and to file an Intent-To-Use Application with the US Patent and Trademark Office. The application is rejected because the name of your brand is also a last name. Why was the mark rejected even though you’re not using it as an identifier of the name of the […]

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Gallery Laws in New York State

New York state has one of the oldest law relating to artist-gallery relationships. The law dates back to the late 1970s, and was passed in response to several major galleries going bankrupt and artists losing their work, as well as high-profile improprieties by galleries. The law applies to works of art or crafts owned by […]

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Can I Register Copyright on Multiple Works at a Time?

While registering a single work by a single author is only $35 using the electronic Copyright Office (eCO), you can save time and money by registering a collection of works at one time. With a fee of $55 on the eCO you can register dozens of photographs or paintings at once. Doing this regularly is […]

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Using Patents as Assets

Intellectual property may be intangible, but it is treated like real and personal property for most purposes. Just like real estate and personal assets, intellectual property can be used as collateral on some loans – if you can find a lender who’s willing to accept the patent as security on loan. Similarly, patents, or shares […]

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Limited Editions

If you are offering your artwork in as a numbered limited edition, it is vitally important that you stick with that limit. While exceptions are made for single artist proofs, it can be a violation of contract and consumer protection laws for an artist to list a print, photograph, or casting as one of a […]

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Payment for Consigned Art in Massachusetts

If your art is sold by a dealer or gallery on consignment, you are entitled by statute to be paid within ninety days of the sale. If you are not paid within 90 days, you are entitled to 5% interest, plus any costs and attorneys fees needed to collect the money. If you have not […]

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Copyright and Art Law Talk – January 21st

I will be giving a talk on Copyright and Art law for artists on Thursday, January 21st at 6:30 PM at the Armory on Highland Avenue in Somerville. Check out the Facebook event, and I’m looking forward to seeing you there.

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Bowie’s Copyright Royalties Revolutionized The Bond Market

In 1997, David Bowie sold bonds backed by future copyright royalties on some of his songs. These royalties are income from licensing of his songs, such as royalties from public performance of his works. These royalties can be a consistent source of income for certain artists, and they also led to something of a revolution […]

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Should I Get It In Writing?

Yes.

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Protecting Famous Trademarks

Certain famous trademarks get a little extra legal protection under Anti-dilution statutes. For example, while you would not expect Coca-Cola to make stand-mixers, if I tried to make Coca-Cola branded stand mixers Coke would likely be able to stop me using anti-dilution statutes. The principle being that Coke’s brand is so famous that even if […]

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