• ​Copyright
  
• Copy​right protects original works of art, including paintings, music, films, writings, and digital creations.
• Artists automatically own the copyright to their work upon creation, but registering the copyright provides additional legal protection.
• Copyright laws prevent unauthorized reproduction, distribution, or alteration of the artist's work.
  
• Trademarks
  
• Artists can trademark their names, logos, or unique brand elements to distinguish themselves from others.
• Trademarks are particularly useful for musicians, bands, or visual artists looking to build a recognizable brand.
• Patents
• For artists who invent unique processes or tools, such as new painting techniques or musical instruments, patents offer protection.
  
• Edicts and Statutes has a comprehensive guide on Intellectual Property Rights in the Arts​.
• The U.S. Copyright Office recently released the Copyright Registratio​n Toolkit​: a highly visual guide that breaks down key steps and concepts to help creators navigate the copyright system. ​
  

• ​Licensing Agreements
• Licensing agreements allow artists to grant permission to others to use their work for specific purposes, such as merchandising or advertising.
• These agreements should specify the scope, duration, and financial terms of the license.
• Commission Agreements
• When creating custom work for clients, commission agreements outline the terms, deadlines, and payment structures.
• Collaboration Agreements
• Collaboration agreements are essential when multiple artists or parties work together on a project to define ownership and profit-sharing.
• Representation Agreements
• Artists often work with agents, galleries, or managers. Representation agreements clarify the responsibilities, commissions, and duration of these professional relationships.
  
• The Artist's Contract​ is a hub for free Legal Contracts for visual artists.
• Artists Rights Society​ is a copyright, licensing, and monitoring organization for visual artists in the United States.
  

• ​Fair Use Doctrine
• Fair use allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, or education.
• Artists should be cautious in relying on fair use, as it is often subjective and determined on a case-by-case basis.
• Addressing Copyright Infringement
• Artists can issue cease-and-desist letters to individuals or entities infringing on their copyright.
• If necessary, legal action can be taken to seek damages and enforce rights.
  
• The Copyright Alliance​ represents the interests of authors, photographers, performers, artists, software developers, musicians, journalists, directors, songwriters, game designers, and many other individual creators, and advocates to promote and preserve the value of copyright and to protecting the rights of creators and innovators.
• Artists Rights Society​ is a copyright, licensing, and monitoring organization for visual artists in the United States.​

Moral Rights and Attribution

• ​Right of Attribution: Ensures artists receive credit for their work.
• Right of Integrity: Protects against unauthorized alterations that could harm the artist's reputation.

• ​Performance Rights
• Musicians should register their work with performance rights organizations (PROs) to collect royalties for public performances.
• Mechanical Royalties
• These royalties are earned from the reproduction of music, such as in streaming or physical sales.
• Synchronization Licenses
• Sync licenses are required for using music in films, commercials, or video games.
• Resale Royalties
• Visual artists may be entitled to resale royalties, where a percentage of the sale price is returned to the artist when their work is resold.
  
• ​Artists Rights Society​ is a copyright, licensing, and monitoring organization for visual artists in the United States.​​

Taxation and Financial Planning

• ​Business Expenses: Artists can deduct expenses such as studio rent, materials, and travel from their taxable income.
• Record-Keeping: Maintaining detailed financial records is crucial for accurate tax reporting.
• Tax Residency: Artists working internationally must be aware of tax treaties and residency rules.
• Laws Learned has a comprehensive guide on Taxes for Artists​.
• Wisconsin's Department of Revenue​ also has information on taxes, and can connect you to tax-related resources.

• ​Defamation
• Artists can take legal action against false statements that harm their reputations.
• Public figures face a higher burden of proof in defamation cases, requiring evidence of actual malice.
• Publicity Rights
• Publicity rights protect the commercial use of an artist's name, image, or likeness.
• Artists can license these rights for endorsements or merchandising.

International Legal Considerations