1. © 2013 Artist, INC Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything. --Plato

2. © 2013 Artist INC session Five

3. © 2013 Artist, INC opening exercise

4. © 2013 Artist INC session 5 I. Group Discussion: copyrights II. When do you need a lawyer? III. Fair Use IV. Ask a Lawyer Copyrights Contracts Legal business structures V. Small Group Discussion: Resume/CV and artist’s statements review and critique

5. © 2013 Artist, INC % of participants With...

6. © 2013 Artist, INC participants’ Business Registered with the State

7. © 2013 Artist, INC Fair Use? Steve JurvetsonShepard FaireyMannie Garcia, Associated Press Short clip from the Colbert Report, 2/12/2009. Click to play.

8. © 2013 Artist, INC E 8 Fair Use? Short YouTube clip, click to play: http://www.youtube.com/watch?v=UvB 9Pj9Znsw&feature=related http://www.youtube.com/watch?v=UvB 9Pj9Znsw&feature=related

9. © 2013 Artist, INC Pecha Kucha

10. © 2013 Artist, INC If you are going to break a Law of Art, make the crime interesting. --Mason Cooley

11. © 2013 Artist INC ask a Lawyer...

12. © 2013 Artist INC “how do I get Copyright Protection on my work?” ask a Lawyer...

13. © 2013 Artist INC Copyrights starts the Moment you have a Tangible piece. Eligibility: Un-plagarized exhibit a degree of Creativity fixed in a Material Form 1.Pictorial 2.Graphic 3.Sculptural 4.Film/audiovisual 5.Dramatic work 6.Sound recording ©

14. © 2013 Artist INC “are there additional things I can do to Protect My Work?” ask a Lawyer...

15. © 2013 Artist INC don’t send out Unsolicited Material. Know with whom you are dealing. use Watermarks on graphic designs and photos. don’t send out Full Songs only send out Script Treatments Additional Protections

16. © 2013 Artist INC “as an artist, do I need to have a Contract with people I am working with?” ask a Lawyer...

17. © 2013 Artist INC put it in Writing: 1.demonstrates that you are operating with the highest standards of Professionalism. 2.reinforces the Commitment. 3.Clarifies the agreement. 4.encourages the parties to take their Promises Seriously. 5.keeps the parties from Making Up the Rules as They Go Along. Contracts

18. © 2013 Artist INC put it in Writing: 1.Guards against Forgetfulness 2.indicates that the Negotiation Stage Is Over and that the Final Terms have been Reached 3.serves as a Record For Others who were not the original negotiators or signatories 4.provides Reasonable Assurance that the contract will be Enforceable in Court Contracts

19. © 2013 Artist INC “what the items that Should Be Included in a contract? ask a Lawyer...

20. © 2013 Artist INC Contracts The 4 P’s 1.Parties 2.Property erformance 3.Performance 4.Price

21. © 2013 Artist INC “what should I think about Including in a contract?” “what Other Things should I think about Including in a contract?” ask a Lawyer...

22. © 2013 Artist INC rights only Transfer with Full Payment “Kill” fee recovery of Attorney’s Fees Rights not expressly granted are Reserved to the Artist Boilerplate

23. © 2013 Artist INC Term and Termination Territory media/format Restrictions Exclusive/Non-exclusive Work-For-Hire Damage, Loss, and Theft “Escape clause” Dispute resolution Signatures of the parties Contracts: Other Typical Provisions

24. © 2013 Artist INC “what legal Business Structure should I use? ask a Lawyer...

25. © 2013 Artist INC Sole Proprietorship Partnership/registered limited liability partnership (RLLP) Limited Liability Company (LLC) “S” Corporation “C” Corporation Non-profit corporation Business Structures

26. © 2013 Artist INC major Advantages independence flexibility minimum of legal requirements major Disadvantages unlimited liability limited life limited management ability limited investment potential Sole Proprietorships

27. © 2013 Artist INC major Advantages corporate-like liability protection easy to organize and maintain can be treated as any business form for taxes major Disadvantages generally requires a lawyer to be properly structured and maintained relations among members changes of members or operating agreement may be difficult LLC

28. © 2013 Artist INC major Advantages more and higher amount grants availablemore and higher amount grants available individuals receive tax break on donations to projectsindividuals receive tax break on donations to projects major Disadvantages time required to meet federal and state requirements—forms!time required to meet federal and state requirements—forms! dealing with board of directorsdealing with board of directors diminished autonomydiminished autonomy Non-Profit Corporation

29. © 2013 Artist, INC Only one thing is impossible for God: to find any sense in any copyright law on the planet.” --Mark Twain

30. © 2013 Artist INC small group discussion: weekly two- minute update Remember: What happens in Vegas stays in Vegas! Art Personal Business

31. © 2013 Artist INC Resumes and Statements Review small group member’s resumes and artist’s statements; be prepared to discuss Small Group discussion

32. © 2013 Artist INC Action items Complete: Building long-term relationships exercise Suggested: Read: Chapter 5 & 7 of The Artist’s Guide Read: Austin and National Resources (Artist INC Workbook) AI Online Session 6: How to Get Money Out of a Bank”

33. © 2013 Artist, INC Lawless are they that make their wills their law. --William Shakespeare