Did you see this article about a prominent art dealer accused of stealing his clients art and money? According to the article and to this one, this art dealer hung his clients’ art in his gallery, sold it (sometimes more than once) and kept the money. A giant Ponzi scheme. Allegedly, Robert De Niro and John McEnroe were victims. I don’t know if these allegations are true. And, most dealers I know are terrific and honest and good. But, I do hear stories about crooked dealers more than I would like from a variety of people (and, in fact, just today).

Can we avoid this breach of trust? No, not completely. Think of all the smart and worldly people who lost everything down Madoff’s drain. Getting swindled is a risk of doing business.

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We are lucky to have Claire Marmion, one of the great experts on the art market and art values, join us today for an interview. Claire manages art collections, helps people avoid art loss and provides art insurance adjustment.

 Coco: Hi, Claire

 Claire: Hello.

 Coco: Thank you so much for joining us today.

 Claire: Happy to be here.

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For those of us who love copyright, a new reason to view digital technology with a sense of urgency.  Check out the article.

We thought this was an interesting article about the art market in the NY Times.

Take a look at the chart entitled:  "WHAT IS ART?" to find out what art is copyrightable.

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By John Paul Benitez & Coco Soodek, Attorneys at Law

Several months ago, the American Watercolor Society awarded its 2008 Gold Medal to Sheryl Luxenburg for the work Impermanence (pictured above), a hyper-realistic painting of an old man juxtaposed with a rotting piece of fence. Luxenburg’s prize-winning work consisted of emulations of two stock photographs. Employing a pointillist’s technique, Ms. Luxenburg blew up the two stock images and used the enlarged pixilations to guide her brush.

A series of spontaneous, vigorous debates erupted on the Web about Luxenburg’s conduct and entitlement to the prize. Many people assumed that Impermanence infringed on the copyrights of the stock photographers and, therefore, should be disqualified.

These assumptions about infringement and about ways to avoid it underscore a persistent and confusing question for the pop or mixed-media artist: When do you cross the line into copyright infringement?

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By William F. Zieske & Coco Soodek, Attorneys at Law

Whether a publisher asks you to create an image specifically for the publication (as for illustrating a book or article), or to publish an image of one of your pre-existing works, there are questions that can be awkward to address, but foolish to ignore. When you are faced with entering into a contract with your publisher, it is wise to remember: Clarity is King.

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By William F. Zieske, Coco Soodek & Matt Petersen, Attorneys at Law

You would not be the first person to take a commission without a written contract. Asking for a contract signals distrust, and negotiating often involves delays and lawyers. You may have grown accustomed to closing sales with a handshake or an invoice. But there is a vast difference between selling your work off your studio wall and promising a client to create a commissioned work. Your obligations do not end when the buyer walks out the door — that’s just the beginning. And the daunting task of balancing your creative freedom with your client’s expectations might be the least of your worries, if the oral agreement you just made goes sour.

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By William F. Zieske and Coco Soodek, Attorneys at Law

Art shows are great opportunities for showing and selling direct to the public, but often come with high booth fees or esoteric entry rules. Thinking of creating your own art festival, either alone or with other artists? Here are the essential steps to navigating the legal obstacles.

Step One: Shield Yourself
Assuming your festival will be a for-profit venture, create a company to hold and house your festival business. The main considerations are flexibility, tax consequences and protection of the festival’s owners from personal liability for the festival’s misfortunes and mistakes.

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