General FAQs

In general, you should not need an attorney to create or manage your artistic business. There are times attorneys do come in handy. After all, they have extensive education to learn things that the average person does not even consider could be an area of trouble - until too late. It may be a good idea for an artist to consult with an attorney after having received a contract and before signing it. For example, if an artist signs a contract that he or she does not fully understand, the contract may be binding and the artist may end up having obligations the person did not expect, or not receiving payment the artist expected. An attorney can help an artist review the details of the contract and understand the consequences of signing it. An attorney may also help an artist negotiate a contract that would be more favorable.

There are some things that if you made a mistake, you can fix it. There are other areas that if you made a mistake (whether by action or inaction), that cannot be fixed. Some you may just want to write off as a learning experience. Others, you may need the help of a licensed attorney. For example, if you are not given a written contract, and instead the buyer wants to make an oral agreement, it may be a good idea to consult an attorney and draft a written agreement. Everything is open to interpretation, so it is always best to get things in writing and make sure there are no misunderstandings.

No. Attorneys can serve you in many capacities - advisor, mediator, and litigation. An artist may want to consider using mediation in a dispute rather than a court of law because it will likely be cheaper. Artists who are not attorneys can write contracts, register copyrights and trademarks, and file lawsuits. However, using an attorney may help an artist avoid future problems, and obtain more favorable resolutions to disputes.