Tad Crawford - Legal Guide for the Visual Artist

Praise for Legal Guide for the Visual Artist

Ive been in business for forty years and the book enlightened me in ways I didnt even know I was stupid. Its an incredibly well-done book. Just buy the book, dont ask questions. Just buy it. If you dont like it, Ill give you your money back.

Jay Maisel, photographer

Keep this book within reach at all times. Its not only essential for an artists self-preservation, but also a fascinating read.

Paul Davis, graphic designer and painter

In teaching the class Art and the Law... for over nine years I have found Legal Guide for the Visual Artist is an exceptionally clear and easy-to-read source of information. It points out countless legal and business issues of which visual artists need to be aware... The book is an excellent source for visual artists of both commercial and fine art venues.

Joel Bruce, M.A.Ed., Faculty, The Art Institute of California, Orange County

Legal Guide for the Visual Artist is written in very clear language, which helps to take a lot of the uncertainty and worry out of understanding business and legal issues and allows me to focus on the business of making art.

George Koch, former President, National Artists Equity Association

It might not be convenient to hold this book in one hand while drawing or painting with the other. On the other hand, to do so is an excellent idea.

Arnold Roth, cartoonist

Other Books by Tad Crawford

AIGA Professional Practices in Graphic Design (editor)

The Artist-Gallery Partnership (with Susan Mellon)

Business and Legal Forms for Authors and Self-Publishers

Business and Legal Forms for Crafts

Business and Legal Forms for Fine Artists

Business and Legal Forms for Graphic Designers (with Eva Doman Bruck)

Business and Legal Forms for Illustrators

Business and Legal Forms for Industrial Designers (with Eva Doman Bruck and Carl Battle)

Business and Legal Forms for Interior Designers (with Eva Doman Bruck)

Business and Legal Forms for Photographers

The Graphic Design Business Book

The Money Mentor

The Secret Life of Money

Selling Your Graphic Design and Illustration (with Arie Kopelman)

Selling Your Photography (with Arie Kopelman)

Starting Your Career as a Freelance Photographer

The Writers Legal Guide (with Kay Murray)

2010 by Tad Crawford

All rights reserved. Copyright under Berne Copyright Convention, Universal Copyright Convention, and Pan American Copyright Convention. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior permission of the publisher.

Published by Allworth Press, an imprint of Allworth Communications, Inc., 10 East 23rd Street, New York, NY 10010.

18 17 16 15 14 13 12 11 10 8 7 6 5 4 3 2 1

Cover design by Mary Belibasakis

Interior design by Mary Belibasakis

Page composition/typography by Integra Software Services, Pvt., Ltd.,
Pondicherry, India

Book design/typography by

ISBN: 978-1-58115-742-0

ISBN: 978-1-58115-771-0

Library of Congress Cataloging-in-Publication Data

Crawford, Tad, 1946

Legal guide for the visual artist / Tad Crawford. 5th ed.

p. cm.

Includes bibliographical references and index.

ISBN 978-1-58115-742-0 (pbk. : alk. paper)

1. ArtistsLegal status, laws, etc.United States. I. Title.

KF390.A7C73 2010
340.0247dc22

2010018844

This book is designed to provide accurate and authoritative information with respect to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent attorney or professional person should be sought. While every attempt is made to provide accurate information, the author and publisher cannot be held accountable for any errors or omissions.

Printed in the United States of America

CONTENTS

ACKNOWLEDGMENTS

This fifth edition of Legal Guide for the Visual Artist benefitted greatly from the exacting work of my superb research assistant, Arka Chatterjee, Esquire. I also want to thank Alma Robinson and Christina Wiellette of the California Lawyers for the Arts. In addition, I was fortunate to have the unfailing support of the Allworth Press staffRobert Porter, Marrissa Jones, Sara Hendricksen, Shea Connelly, and Sydney Ann Lee. I am also deeply appreciative for the invaluable encouragement and assistance that I received from many friends and colleagues in creating the first four editions this book. Their advice helped both to form the book and to reshape it to match the countless transformations of art law and technology. For their contributions, I would like to express my appreciation to Nyier Abdou; Bill Beckley; Jeffrey Cooper, Esquire; Jack Crawford, Jr.; Hal Daub, Esquire; Chuck DeLaney; Arthur Eisman, C.P.A.; Eileen Farley; Ted Gachot; James L. Garrity, Esquire; Diane Ginsberg; Simon Gluckman, C.P.A.; Rubin L. Gorewitz, C.P.A.; Anne Hellman; Paul Jacobs, Esquire; Tim Jensen, Esquire; Arie Kopelman, Esquire; Caryn Leland, Esquire; Tony Lyons, Esquire; Laura Mankin; Elsie Mills; Professor Joseph M. Perillo; MaryBeth Peters, Esquire; Phyllis Pollock; Robert Porter; Brenda Ramirez; Cynthia Rivelli; Gebrina Roberts; Zulema Rodriguez; the School of Visual Arts; the School of Visual Arts Alumni Association; Carolyn Trager; Roger Welch; and Carl Zanger, Esquire.

I would also like to thank Bill Beckley for coauthoring the discussion of uniqueness in ; the National Endowment for the Arts for assistance that enabled me to interview Alberto Vargas and Alfred Crimi; and Barry Blackman, Art Rogers, and James Earl Reid for their generous permission to reproduce images of their art.

Business art is the step that comes after Art. I started as a commercial artist, and I want to finish as a business artist. After I did the thing called art, or whatever its called, I went into business art. I wanted to be an Art Businessman or a Business Artist. Being good in business is the most fascinating kind of art. During the hippie era people put down the idea of businesstheyd say, Money is bad, and Working is bad, but making money is art and working is art and good business is the best art.

Andy Warhol, pop artist, from The Philosophy of Andy Warhol: From A to B and Back Again

The immediate cause of the sense of infinite corruption, degradation and humiliation that is the normal lot of the American artist today is the art world.... One has only to observe what happens to the sense of friendship, love, fraternity and comradeship among artists as they are picked up by the art world to see, instantly, that the rewards of such success are death and degradation. The art world is a poison in the community of artists and must be removed by obliteration. This happens the instant artists withdraw from it.

Carl Andre, minimal artist, from Open Hearing

I collect money, not art.... There is only one measure of success in running a gallery: making money. Any dealer who says its not is a hypocrite or will soon be closing his doors.