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

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




Copyright Claims Board




Google Alerts




FARE Contract




Kathryn Goldman’s Creative Law Center




 


The Art Biz Connection


Grow Your List


 


Resources




Show notes, images, and listener comments




How to Price Your Art free report




Art Biz Connection artist membership




 


Quotes




“I like it when artists understand when they need to take
action, what action they need to take, and how to do it
effectively and efficiently.” — Kathryn Goldman




“The right to control those kinds of changes to the art comes
from the copyright.” — Kathryn Goldman




“A lot of working artists have trademarks, especially those
who are building a business on licensing their art.” —
Kathryn Goldman




“Copyright is not as strong as trademark, and trademark is
not as strong as a good contract.” — Kathryn Goldman




“With this combination of tools, I think we really are going
to start seeing some interesting things happen with contracts
in the art world.” — Kathryn Goldman




“The best infringement protection is going to be your tribe.”
— Kathryn Goldman




 


 


Guest Bio


Kathryn Goldman is an intellectual property and internet law
attorney who helps creative professionals protect their work so
they can profit from it. She believes sustainable businesses are
built on properly protected creative assets. Kathryn runs the
Creative Law Center website and membership program. The Creative
Law Center provides innovative creatives with the affordable
business and legal resources they need when evolving from artist
to entrepreneur. The Creative Law Center offers understandable
information, actionable strategies, and easy to use tools for the
development of creative businesses. Kathryn practices law in
Baltimore, Maryland.