How to Legally Protect Your Creative Work with Kathryn Goldman (#125)

07/28/22 • 61 min

I can’t resist legal cases about art, from thefts and forgeries to copyright infringement to gallery dealers and so-called experts who end up in front of a judge for defrauding collectors. While most artists will never see the inside of a courtroom, you might be concerned with copyright infringement or receive unsettling news that someone is using your creative work without your permission. Every artist (you) should know the basics for protecting their art. In this episode of The Art Biz, I am joined by Kathryn Goldman, an intellectual property and internet law attorney who helps creative professionals protect their work so they can profit from it. She is the founder of The Creative Law Center website and membership program, which offers understandable information, actionable strategies, and easy to use tools for the development of creative businesses. Our conversation focuses around Kathryn’s Four Step Framework to help you identify, protect, monitor, and enforce your creative rights.

Highlights

Kathryn is an intellectual property attorney who helps creative professionals protect their copyrights, trademarks and brilliant business ideas. (2:45)
The four step framework that helps artists know what, when and how to take action. (4:45)
Copyright 101- identify the rights that a copyright protects and what is not covered. (7:13)
Protect your artwork with a copyright registration. (12:25)
Filing in small claims court for infringement can result in $15,000 payout. (15:33)
Trademarks are source identifiers that protect against consumer confusion. (18:31)
Keith Haring, Banksy, and other famous artist trademarks. (21:00)
Does an artist need to register a copyright for every single thing they make? (30:35)
Protection is the combination of copyright, trademark, and contract. (33:05)
FARE contracts keep the right to control a piece in the hands of the artist. (35:09)
Artists with a secondary market stand to benefit greatly from a FARE contract. (39:10)
Monitoring your work to determine if it’s been stolen is up to you (and your tribe). (41:30)
How I handled copyright infringement of my writing. (46:24)
The ladder of enforcement offers options for reaction when someone is stealing your work. (49:55)
The recipe for registering your most valuable work is essential. (57:07)
Kathryn’s upcoming programs and workshops. (59:05)

Mentioned

The Art Biz Connection

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Show notes , images , and listener comments
How to Price Your Art free report
Art

Highlights

Kathryn is an intellectual property attorney who helps creative professionals protect their copyrights, trademarks and brilliant business ideas. (2:45)
The four step framework that helps artists know what, when and how to take action. (4:45)
Copyright 101- identify the rights that a copyright protects and what is not covered. (7:13)
Protect your artwork with a copyright registration. (12:25)
Filing in small claims court for infringement can result in $15,000 payout. (15:33)
Trademarks are source identifiers that protect against consumer confusion. (18:31)
Keith Haring, Banksy, and other famous artist trademarks. (21:00)
Does an artist need to register a copyright for every single thing they make? (30:35)
Protection is the combination of copyright, trademark, and contract. (33:05)
FARE contracts keep the right to control a piece in the hands of the artist. (35:09)
Artists with a secondary market stand to benefit greatly from a FARE contract. (39:10)
Monitoring your work to determine if it’s been stolen is up to you (and your tribe). (41:30)
How I handled copyright infringement of my writing. (46:24)
The ladder of enforcement offers options for reaction when someone is stealing your work. (49:55)
The recipe for registering your most valuable work is essential. (57:07)
Kathryn’s upcoming programs and workshops. (59:05)

Mentioned

The Art Biz Connection

Grow Your List

Resources

Show notes , images , and listener comments
How to Price Your Art free report
Art

Previous Episode

Being an Artist with Geoffrey Gorman (#124)

An artist’s best resource is another artist. And to really know what a real artist’s life looks like on a daily basis, you have to study and talk to those artists. You can read their biographies, watch their videos, and listen to them on podcasts, including this one. In this episode of The Art Biz, I talk with Geoffrey Gorman about what it’s like to be a working artist, an identity he came to later in life and has sustained for nearly two decades. Geoffrey and I discuss his background as a furniture maker, gallery dealer, and artist consultant and how each role has contributed to his life as an artist. He also reveals how he approaches his work, where he finds inspiration, his take on how the art world is changing, and his advice to artists in the rapidly-evolving market.

Highlights

“You can make something from anything.” The evolution of Geoffrey’s process. (2:35)
Journeying back into the arts after a 30-year break. (8:45)
Geoffrey’s timeline from furniture maker to gallery dealer, artist coach to full-time artist. (11:08)
What does being an artist look like in Geoffrey’s material-driven world? (16:02)
Carving a whale and honoring the passing of time. (23:21)
Tactics for increasing your credibility as an artist. (28:02)
Evolving with the demands of a constantly changing art world. (31:16)
Navigating your relationships with dealers. (36:02)
Feedback worth soliciting as an artist. (38:55)
The importance of connections as a small business owner. (43:00)
How can artists utilize social media to find collectors and curators? (48:00)
A look at where Geoffrey is putting his efforts next. (50:22)

Mentioned

Geoffrey Gorman
Geoffrey on Instagram
Lewallen Galleries
Allan Houser Estate
Valley of the Temples in Agrigento , Sicily , Italy

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Next Episode

Play Tops Work, Connection Tops Solitude, and Confidence Tops Fear with Willie Cole (#126)

There’s always plenty to be learned from artists who have been making a go of it for decades. Just think about how much has changed in 30 years! In this episode of The Art Biz, my guest is Willie Cole, a self-described perceptual engineer with an impressive list of collaborations under his belt and even more in the works. Together we talk about the faith he has in his work as a result of being consistent throughout the years. And why he says work is a bad word and prefers to approach his studio in the spirit of play.

We discussed his art and why he challenges people to perceive recognizable objects, like shoes and musical instruments, in new ways. You’ll hear how one of his Instagram posts — where he mocked up his art as if to appear on the cover of Vogue — led to collaborations with major fashion brands. Such opportunities continue coming his way, which might be the result of his faith in his practice. Spoiler: Visualizing success plays a role.

Highlights

Willie calls himself a perceptual engineer, but what exactly does that mean? (3:12)
The importance (if any) of showing the materials Willie uses to create his work, including 75 cut-up guitars. (5:35)
“Planning makes it feel too much like a job.” How Willie approaches his work instead. (11:02)
A peek inside Willie’s studio. (13:58)
Work is a bad word, but play can make your business better every day. (15:55)
Staying in a playful mindset in every stage of production. (19:15)
The value of improvisation and the value of not knowing everything. (21:08)
Willie feels like the luckiest business person in America. (23:40)
The business-minded people that makeup Willie’s team and insights into his collaborations. (25:36)
Propelling yourself forward in spite of your fears. (35:24)
The difference between fashion industry collaborations and gallery relationships. (37:51)
The music on Willie’s current playlist and what is coming up next in his work. (40:28)