Archive for Art

California Gallery Law

California is one of many states with a standard regime of protection for artists with work in galleries. (Civil Code ยง 1738.) The law enacts the basic protections necessary for artists, without some of the extra steps taken in states like Massachusetts or Oregon. The statute applies to artists (or artists’ heirs) selling the artist’s […]

Read More →

Improper Handling of Art By a Gallery

In many states that have protections for artists, art is the hands of a dealer is considered trust property. Many of those states also consider the dealer an agent of the artist for the purposes of sale or exhibition of the work. As such, mishandling of the art by the dealer can give rise to […]

Read More →

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 […]

Read More →

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 […]

Read More →

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 […]

Read More →

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.

Read More →

Artists: What You Sell

When an artist sells a photography, or a one of a kind painting, they only sell the piece of art itself. While the purchaser is able to freely resell the work, the artist retains the copyright. This is why a photographer can resell tens or hundreds of copies of a single photograph. The artist may […]

Read More →

State Variance in Gallery Laws

Most artists would be justifiably thrilled to have their art in galleries in several states. But having art in galleries across the country raises some tough legal problems. Unlike intellectual property law, which is generally consistent across the country, laws relating to artist-gallery relationships vary from state to state. Eighteen states have no relevant laws […]

Read More →

Are Marvel’s Hip Hop Covers Copyright Infringement?

Marvel has released a slew of alternative covers for some of its upcoming comic books where the covers are copies of famous hip hop album art with comic book characters. A few examples here: It’s presently not clear whether Marvel contacted the artists for permission or licensed the art on which their variant covers are […]

Read More →

Artists: When You Need a Written Contract with Your Gallery

Laws vary from state-to-state, however, in sixteen states, the artist and gallery must have a written contract before the gallery can sell an artist’s work on consignment. Those States are: Arizona, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Missouri, Montana, New Hampshire, Ohio, Oregon, Pennsylvania, Washington, Wisconsin. The required contents of the written contract vary, […]

Read More →