Art Law in Transactional Practice
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abstract
Artists are increasingly important players in the economic, social, and cultural development of communities throughout the United States. Unfortunately, a lack of adequate funding and appreciation of their legal needs often means artists do not seek or receive transactional legal assistance when it would be beneficial. Attorneys, meanwhile, may perceive the needs of artists as very specialized, and thereby well beyond the scope of services the attorney can provide. For these reasons, artists may find themselves without legal assistance, to the detriment of their business, their creative output, and their community. This article seeks to demystify a number of the transactional issues faced by visual artists working in communities across the country, suggesting how attorneys versed in other industries and a variety of doctrinal areas might be able to assist.' By helping local artists, attorneys can foster community development in economic, social, and cultural terms. In the interest of brevity, this article will focus on transactional issues commonly encountered by relatively unknown artists creating works in the present day, selling those works for profit, and earning a modest living from their efforts. On the practitioner side, it will focus on attorneys working in a solo or small firm environment.
