how does art help a lawyer

What does an art lawyer do?

Our Art Law lawyers negotiate, litigate and advise clients on the full range of legal issues that arise concerning works of art, the art market and the art world. We represent artists, individual and institutional collectors, galleries, dealers, auction houses and museums.

How important is the role of legal advice in art business?

Yet the role of legal advisers has never been more crucial to the success of the art business. According to several specialists, it’s important to distinguish attorneys who are master dealmakers from those who are expert litigators when assessing the influence of art lawyers.

Do art lawyers practice in litigation or transactions?

Despite the fact that many art lawyers practice in both areas—defined broadly as transactions and litigation—it’s rare, experts say, to find a professional who does both well. Whatever the case, most large law offices have art law practices today—a fact that attests to the growth of this booming métier.

Who is the most powerful art lawyer?

Described as so discreet that he does not even have his own website, Silberman is—hands down—our experts’ vote for most powerful art law attorney. Besides representing artists James Turrell and Richard Serra, Silberman is best known for playing a crucial role in the handling of the affairs of Willem de Kooning.

How does art relate to law?

Law possesses creative power and imagination, as does art, and is therefore also closely linked to the notion of artifice. Law imitates through invention and fiction, as indeed art imitates nature.

Do lawyers need creativity?

While being a lawyer does mean doing a lot of reading and interpretation, it also requires a lot of abstract thought and analysis. Regardless of whether you are a litigator, a transactional attorney, in-house counsel, or something else, you need to be creative.

Why do artists need lawyers?

Trademark and Copyright - Prevent Others From Using Your Work. Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists' art, design, or photos and post them on social media channels or web pages.

What is the lawyer's role in working with the artist?

A music lawyer's role can be critical to an artist's career - from guiding their trajectory, making strategic introductions, and brokering their first deal, to maintaining their connections, acting as a confidant, and supporting a productive manager/artist relationship.

Is law a creative career?

3) Law is an extremely creative field and has a lot of scope for people with original ideas. This actually might be true, in the sense that with law you can explore various genres and industries as a lawyer. You could start with criminal law and end up as a general counsel 5 years down the line.

What is the law of creativity?

17. The Law of Creativity. Every advance in human life begins with an idea in the mind of a single person. It is the ideas you generate, more than anything else, that will enable you to solve your problems, overcome your obstacles, and achieve your goals.

How does the law affect the creation of an artwork nowadays?

The Intellectual Property Law protects artists from such people and gives them the right to protect their creativity. When applying the intellectual property law, the artist sets boundaries to their creations and declares the extent or terms within which the creation can be used or accessed.

Can a lawyer be a musician?

You can be a live performer. Playing in music venues and clubs, and that can be pretty lucrative. You can also be a studio musician.

What do celebrity lawyers do?

What is an entertainment lawyer? Unlike divorce or corporate lawyers, an entertainment lawyer represents and protects the interests of creatives, companies and others in the many areas of the entertainment industry, such as film, television, new media, theater, publishing and music.

What are the responsibilities of a entertainment lawyer?

Entertainment Attorneys help their clients to understand legal agreements, ensuring that the terms are in their clients' best interests. They work with Recording Groups, Record Producers, Songwriters, Music Publishers, Record Label Executives, Music Producers, and Composers.

What does entertainment law consist of?

Entertainment law, also referred to as media law, is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the "Right of Publicity".

Balance, Health, and the Importance of Art

The truth is he couldn’t have been more wrong. Not only do lawyers need to be creative, imaginative, and “outside the envelope” thinkers, they also need to be artistic as well. In other words, lawyers need to cultivate their creative “soul” and “right-brain” to be balanced, healthy, and successful.

About the Author

Gray Robinson is a third generation trial lawyer who was born and raised with lawyers. He has law in his blood. Even with that pedigree, after 27 years of practicing law Gray hit a wall and was overwhelmed by stress and anxiety. He quit practicing law in 2004 because he could not find any meaningful support and could not deal with the stress.

What is the most important skill for an art lawyer?

The single most important skill as an art lawyer is emotional intelligence and empathy. The ownership, purchase and sale of art is often a deeply personal matter for those involved. It is rarely simply a commercial transaction. Art transactions and disputes over art can therefore often demand a well calibrated ethical compass, a sense of fairness and sensitive handling.

How do I become an art lawyer?

Either join a law firm with a specialised art law department or join the in-house legal team at one of the major auction houses.

Why are art deals so complex?

Perhaps because the purchase and sale of art is as much an emotional and personal transaction as it is a commercial transaction, art deals tend to be complex and bespoke. The lawyers who structure and draft the deals need to have a high degree of clarity and flexibility of thought.

How long should I work for a law firm?

This is the number one most effective way in which to position yourself for a permanent role. You should aim to work for at least 6 weeks and preferably longer.

Why do artists need insurance?

Artists need to have good insurance for when their art is being transported, if there’s a business interruption, and for their studio. Artists should have commercial general liability insurance - it protects them from legal action if there’s an accident in their place of business.

What is the purpose of trademark and copyright?

Trademark and Copyright - Prevent Others From Using Your Work. Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists’ art, design, or photos and post them on social media channels or web pages.

Why do you need to monitor your work?

It’s something that you need to monitor because you need to defend trademark or copyright or you can lose the right to assert it. It can be resolved with a demand letter for payment to the person who’s using your art inappropriately or illegally. You can also send a cease and desist letter to have your work removed. 4.

Can you sue someone for not paying you?

Usually litigation surrounds someone not paying you. It doesn’t necessarily mean a lawsuit, but some artists don’t explore the alternatives. You can engage a lawyer and tell them the facts. They will spend one to two hours drafting a demand letter to the offending individual.

Do you need a lawyer on a retainer?

You don’t have to have a lawyer on retainer, but it’s nice to have someone you can call who can do a quick contract review. You don’t want to be searching for a lawyer for the first time when signing a contract with a gallery, museum, buyer, etc. 2.

Can artists use a contract template?

Artists often need help setting up a contract template they can modify. And if something unusual occurs, it’s helpful to have a lawyer that you can call. If you didn’t have a lawyer create a contract, it’s a good idea to have them review the contract.

Do artists need a contract?

For instance, artists need a contract when they rent out studio space. Art galleries often present contracts to artists participating in their art shows. Art gallery contracts have some element of commission that needs to be laid out, as well as the safety of the art that is in their possession.

Who represented John Howard and Martin in the case of the Knoedler Gallery?

More recently, Cahill represented John Howard and Martin and Sharleen Cohen in their lawsuits against Ann Freedman, Michael Hammer, Glafira Rosales and the Knoedler Gallery; their case was settled three days after Domenico DeSole settled his own suit against the same defendants. 3. Gregory A. Clarick.

Who sued Gagosian for selling Roy Lichtenstein's painting?

In 2012, Baum sued Gagosian on behalf of nonagenarian Jan Cowles for the “unlawful” sale of Roy Lichtenstein’s painting Girl In Mirror (1964). The case was settled for an undisclosed amount, but not before revealing crucial information about how the exceedingly-private Gagosian does business.

Do art lawyers practice in both areas?

Despite the fact that many art lawyers practice in both areas—defined broadly as transactions and litigation—it’s rare, experts say, to find a professional who does both well. Whatever the case, most large law offices have art law practices today—a fact that attests to the growth of this booming métier.