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Free and Affordable Legal Resources for Artists by State

Written by David Jenkins, JD Candidate at UT Law
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Written by David Jenkins
Oct 28th, 2020   •   9 minute read
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Free and Affordable Legal Resources for Artists by State

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The world celebrates, even idealizes artists for their creativity, imagination, talent and originality. Artists fill the world with expression, aesthetic beauty, thought-provoking questions, and millions of other manifestations of thought in visual form. However, less often acknowledged by the greater public are the ever-present entrepreneurial challenges that all career artists face. It may come as a shock to those outside of the art world, but the life of the modern artist shares the same realities of the modern entrepreneur as they seek to establish their place in the market, find their audience, and grow.

Perhaps the most obtuse of those realities? The law. From making contracts for sale to defending your work from appropriation and theft through copyrights, the modern artrepreneur is expected to be as much their own manager as they are creative. The digital age has made it more possible than ever for the individual to make a living off their own intellectual property, but the increasing focus on virtual display, digital marketplaces, and remote exhibitions add scores of legal considerations that, frankly, no one artist should be expected to handle on top of making art!

Art in Res artist Shreya Mehta at her studio.

The good news is, there’s no need to get all of your legal ducks in a row without a helping hand. There are plenty of lawyers who share a passion for the arts and have directed their talents towards helping artists with their legal conundrums without charging big law prices. I should know, I’m on my way to becoming one!

Read on below, to familiarize yourself with the many free and affordable legal resources available to artists today in three of the nation’s biggest art hubs: Texas, New York, and San Francisco.

Texas

Virtual Art Law Clinic Hosted by Texas Law Art Association

If you’re an artist working in Texas, the Texas Law Art Association and DLA Piper LLP are partnering to host a Free Virtual Legal Clinic for Artists from November 9th through November 20th. Artists working in any medium, visual or otherwise, can sign up to receive a free one-hour legal consultation from DLA Piper’s attorneys who will be available to provide legal information on a wide-variety of art related legal issues such as contracts, copyright, incorporation and business formation, issues related to the display of art, transactions, etc.

To sign up for the clinic, just fill out the google form attached here.

The deadline to sign up is November 2nd, and only the first 30 artists to sign up will be scheduled for an appointment.

Please keep in mind that these consultations do not constitute the creation of an attorney-client relationship, and that the legal information provided will be limited to legal issues related to your art. If further legal assistance is needed, referrals may be available on a case-by-case basis. A full disclaimer about the scope of available legal help can be found in the sign up form. If you have any questions, feel free to send an email to texaslawartassociation@gmail.com.

Texas Law Art Associationis a student organization at the University of Texas School of Law dedicated to engagement with and support of the arts.

DLA Piper LLP is a global law firm with lawyers located in more than 40 countries, helping their clients succeed through practical and innovative legal solutions.

Texas Accountants and Lawyers for the Arts

“Formed in 1979 to meet the legal and accounting needs of artists and art nonprofits,” TALA has long been serving Texas artists by bringing together lawyers and accountants from a number of firms and organizations to volunteer their time to assist and educate over legal and financial issues

Pro bono services for artists

If you’re an individual artist who resides in Texas and has a household income below 300% of the federal poverty line, you may sign up for TALA’s annual membership, which will let you have TALA match you with a volunteer lawyer (or accountant) for assistance with contract drafting negotiation, licensing your art, consignment and sale terms, and much more! TALA volunteers will not litigate your case for you, but they will provide alternative forms of resolving your disputes, like negotiation and mediation. A TALA annual membership for an individual artist will run you $75, and it does need to be renewed for continued service.

Free Webinars and Workshops Over Topical Art Law Issues

Like most organizations of its kind, TALA puts on a diverse spread of webinars aimed at giving artists information they can use to support and protect their own interests as an “artrepreneur” and beyond. Recent webinars hace covered such topical subjects as “Legal Essentials for Livestreaming” and “Legal Essentials for Online Sales” to give artists a leg up in an industry increasingly dominated by virtual interactions and transactions. One of the best things about TALA’s online offersing? Many of them are totally free, open to registration from anyone on their eventbrite pages! TALA has historically hosted in-person seminars in cities like Austin and Houston, but in the wake of the COVID-19 pandemic, all their offerings are currently remote.

Lawyer Referral Service of Central Texas

While they’re not dedicated to artists in particular, the Lawyer’s Referral Service of Central Texas helps to connect clients with qualified privately practicing attorneys in a variety of areas. Their Intellectual Property referral services can help you with issues related to trademark and copyright, and will run you $20 for a 30 minute consultation to get connected with a lawyer, provided you’re in Austin or the surrounding areas. También puedes usar el sitio web en Espanol.

New York

A quick note about the following resources: Let’s face it, New York is the epicenter of the visual arts in the United States. As a result, many of the biggest and farthest reaching art law organizations reside there, and offer some of their services beyond the Big Apple. Long story short: even if you don’t live or work in New York, you might wanna give these resources a peek.

Volunteer Lawyers for the Arts

Many states and regions have their own “volunteer lawyers for the arts” organization, and New York is certainly no exception, in fact it might be the rule. VLA turned 50 this year, and is still “the leading legal aid and education organization dedicated to New York artists.”

Pro Bono Legal Services by Appointment

Through a few simple links and a digital request form, VLA will provide New York artists with a consultation with their staff by appointment. These consults do come with an administrative cost, but you do not need to be a paying member to request them. If for some reason your issue can’t be resolved in-house, VLA will work to get you in touch with a volunteer attorney, provided you meet VLA’s income guidelines. All services are remote as of now and may be delayed, but VLA has implemented an expedited intake process for arts-related issues affected by the pandemic.

Online Classes and Webinars

VLA offers a wide variety of online classes for artists and the lawyers who aim to represent them. Topics covered have included “Legal Issues in Social Media” and “Estate Planning Basics.” If you’re looking to get a little insight into how the lawyers themselves approach art issues, you can also try some of VLA’s “CLE” courses (Continuing Legal Education) meant to keep lawyers informed and up to date. I’ve attended a few myself, and I can say that VLA does an excellent job keeping the lessons condensed and clear. Most, if not all, of VLA’s online offerings required a fee of entry, varying noticeably between programs of various calibers. For reference, one upcoming class costs $35 for non-member artists and $25 for members.

Artists Over Sixty

The name says it all. VLA offers discounted and free access to a variety of their programs and services for artists over sixty. Those who meet VLA’s income qualifications can get the special deals for free, while all others can pay $80 for the same treatment.

Center for Art Law

The Center for Art Law is a fantastic educational resource for artists looking to keep track of developments in art law and who want to connect with other artists, art lawyers, and more! They operate on three main levels: their website, their newsletter, and their educational programs. Their website features researched articles over art law and several comprehensive databases of resources in art law, such as law firms that practice art law, art law courses, and various useful links. Their educational programs are currently available in webinar format, usually totally free of charge!

Visual Artists’ Immigration Clinic

The Center has launched a legal clinic specifically designed to cater to the needs of emerging visual artists attempting to obtain visas to the United States. While the next session of the clinic has yet to be scheduled, you can check back to the Center’s website for any forthcoming updates.

New York City Bar - Art Law Committee

California

California Lawyers for the Arts

Noticing a pattern here? California Lawyers for the Arts provides many of the same services on the West Coast that TALA and VLA provide in their own territories. CLA “empowers the creative community by providing education, representation and dispute resolution” to artists all over California! Most of their programs come with some cost, from administrative to a bit more substantial, but they also offer a membership featuring discounts on fees and various unique services.

Education

CLA has a number of educational events, including workshops and clinics, and makes them available on various pay scales to accommodate artists of varying circumstances. One of the most interesting offerings you should check out is their Youtube Channel, which is stocked with tons of informational videos over art-related legal topics that you can view for absolutely no charge! CLA also has a members-only Education Portal featuring even more recordings of webinars, podcasts, and the like. The portal sports videos ranging from basic introductions to legal topics to more advanced dives into legal issues for artists.

Lawyer Referral & Information Services

Like many other such organizations, CLA is a state certified lawyer referral service and can match artists and organizations meeting their income qualifications for just an admin fee of $20 (which can be reduced to $5 for CLA members). While CLA can’t always guarantee a match, they are able to pair most artists with an attorney within 3 to 5 business days.

Arts Arbitration and Mediation Services

The first service of its kind in the country to tailor itself to artists, CLA’s Arts Arbitration and Mediation Services works to support artists in finding means of safely meeting with parties in dispute to find resolutions to their issues. Many artists can end up in agreements and business arrangements without having the same benefit as a fully resourced business to know the extent of their legal consequences and responsibilities, an issue which can often be helped via mediation. AAMS helps in mediating many types of disputes, with recurring issues including disputes over the content of artworks, credit for work performed, and factors relating to the production of the work. If you want a little more information on exactly what the process of mediation is, check here check here.

A Few Closing Notes For Everyone

You Can Register Your Copyrights Here

If you’re an artist, you have copyrights. If you have copyrights, you should register them. You should use any of the resources above to get far more in-depth and qualified advice about your copyrights, but in general it's good to remember to register your copyrights and where you can do it.

Don’t Live in Texas, New York, or California? No Sweat! There Are Plenty of Resources for You Too!

Many States and localities have their own version of TALA, VLA, and CLA. A helpful directory of Volunteer Lawyers for the Arts can be found here.

I am not a lawyer:

Hi! I'm David. I am a law student at The University of Texas School of Law. While I am very passionate about using my legal education to help artists, I am not an attorney. I am providing these resources after much research and review, but I am not qualified or authorized to provide substantive legal advice of my own accord. For that, you should speak to one of the lawyers you can connect with through the resources listed above!

To sign up for the Texas Art Law clinic, fill out the google form attached here.

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