For too many people, the law is something to fear, some ominous presence that is going to get them if they step out of line. Whether it’s a mislabeled item in a tax return, driving by a police officer even when going the speed limit, or a documentary film maker blurring the label on a Coke can, people operate under a cloud of fear that the law is just waiting to punish them for each and every mistake.
The perception is understandable, there are real stories out there the IRS hounding people, police officers having an itchy trigger finger on a radar gun (and their real gun) and intellectual property rights holders coming down hard on harmless users. Lawyers have a vested interest in this perception. If people are afraid of the consequences of making a mistake, they will pay for attorneys to keep them out of trouble. Don’t misunderstand me, many legal matters are quite complex and the expertise of experienced attorneys is legitimately necessary to navigate the issue. Lawyers are often necessary, but fearing the law is not.
I am an attorney. A young attorney with a vision that the law can be different. With the exception of criminal laws, most laws are actually written to enable people to do something: start a business, write a song, provide for their family. Even criminal laws are written with the intent of creating safe, secure societies where people feel enabled to go outside their homes without fear. It’s ironic, then, that many laws actually create fear in people.
I can’t rewrite society, nor would I set my goal that high. My intent with this blog is to take on one area of the law, Art Law, and try to demystify the important legal rules and regulations applying to the creation of art. I love that there are people out there trying to make the world a bit more beautiful, or say something important, or just have fun. I want them to be able to do that free from fear, not considering the law an enemy, but a helper.
The three key areas of law pertaining to artists are copyright, trademark, and contracts. Copyright deals with the created thing. Trademarks identify the source of a thing (art or otherwise). Contracts creates agreements between people and companies allowing them to use the services and ideas of the other. My aim is to keep postings short and to the point, focusing on one area of law, and stating why I think it matters to artists.