Contracts
General Information
What is a contract?
Why have a written contract?
Form of Written Contracts
Is there such a thing as a standard contract?
What are the essential elements of a contract?
How is a contract formed?
What does it mean to say that a contract is enforceable?
What are some key contract provisions?
What should be avoided in contracts?
What is a breach of contract?
Are there any excuses for non-performance?
What are defenses to contract enforcement?
What are the Remedies if the other party does not perform their obligations under the contract?
How will a court interpret a contract?
What other liabilities might arise from a contractual relationship?
Copyright
What is a copyright?
What rights do copyright owners have?
What does copyright law protect?
What are the basic requirements for a work to enjoy copyright protection?
What doesn’t copyright law protect?
How do I get a copyright?
How do I register a copyright?
What are the copyright symbols and how are they used?
How long does a copyright last?
What about jointly created works and works made for hire?
What uses of a copyrighted work are infringing?
What uses of copyrighted work are NOT infringing?
Recourse for Copyright Infringement
What are transfers of copyright?
What are non-exclusive licenses?
Why should I “record” the transfer or license with the Copyright Office?
Free Speech and the First Amendment
What is Protected by the First Amendment?
How is “speech” defined?
What types of expression are protected?
What are the limitations on First Amendment protection of speech?
Can I Be Guilty of Libel or Slander for My Art?
What is defamation?
What is libel?
What is slander?
Trademark Limitation on Free Speech
Can I Sell or Display My Art in Public Places in New York City?
Displaying Art in Public Places
May the Government Restrict the Art it Chooses to Fund?
How does the NEA application process work?
What guidelines must the NEA follow when considering grants?
Can My Art Depict or Advocate Illegal Action?
May I disclose Private Facts About a Person or Use Their Likeness in My Art? (Also See: Right of Privacy Section for more Information)
What about a Right of Publicity?
Right of Privacy
What is the Right of Privacy?
Who has standing to sue under the New York privacy law?
What about Right of Publicity?
What about the First Amendment?
What does the right of privacy prohibit? Who is protected?
What aspects or representations of a person are protected?
What is included in the definition of “name”?
What names are excluded?
What is included in the definition of “picture” or “portrait”?
Does the violation need to occur in a particular place?
What is meant by “advertising or trade purposes”?
What if consent is given?
Does the right of privacy survive the person’s death?
What standard of injury needs to be met under New York’s privacy law?
Does it make a difference if a publication is true or false? Or if the effect of the publication is positive or negative?
Does it matter if the publication is a work of fiction? Nonfiction?
What if the publication is considered “newsworthy”?
Small Claims Court
What types of claims are filed in Small Claims Court?
When must I file?
If a dispute arises, what should be the initial response?
If there is a valid claim, is the claimant eligible to sue, or can the defendant be sued in Small Claims Court?
How can a corporate entity file a similar claim?
How may the defendant respond?
Where should the claim be filed?
How should damages be calculated?
How can the claimant prove damages?
How is the claim filed?
How is the defendant notified?
How can witnesses’ testimony be guaranteed?
Must the claim be heard by a judge?
What happens if a party does not appear?
What should the parties expect at the hearing?
If the claimant prevails, how can the judgment be collected?
What are the advantages and disadvantages of pursuing your claim in Small Claims Court?
Trademarks
What is a Trademark?
What Sources of Law Govern Trademarks?
What Is Necessary for a Mark to Serve as a Trademark?
Are all marks “Distinctive”?
What are the Different Types of Marks?
How far does trademark protection reach?
Does my U.S. Federal Registration protect me in other countries? How do I protect my mark in other countries?
How do I obtain the rights to use a trademark?
Why should I bother registering my mark with the PTO?
On what basis may I file an application for registration?
Who do I contact in order to register my trademark?
Are there any restrictions on how I use the ®, TM, and SM symbols?
Once I have a trademark, is it mine forever?
What constitutes trademark infringement?
What is trademark dilution? Is that like adding water to good French wine?
Does this mean that I can never use someone else’s trademark in my artwork?
Special TM Issues in the Arts
Business Entities
General Information
Sole Proprietorship
What is a sole proprietorship?
How do I get started?
Are there any name restrictions?
What are the liability consequences?
What are the tax consequences?
How is the sole proprietorship terminated?
What are the advantages and disadvantages to forming a sole proprietorship?
Limited Liability Corporation
What is an LLC?
How do I get started?
Are there any name restrictions?
What are LLC Publication Requirements?
What are the tax consequences?
What are the liability consequences?
What are the advantages and disadvantages of an LLC?
Partnership
What is a partnership?
How do I get started?
Are there any name restrictions?
What are the liability consequences?
What are the tax consequences?
What is the partnership agreement?
What are publication requirements?
What are the advantages and disadvantages of a partnership?
Corporations
What is a corporation?
How do I get started?
Are there name restrictions?
What is a Registered Agent, and must I have one?
What is the role of the Board of Directors?
What is the role of the officers?
What are the rights of shareholders?
How are the different types of corporate stock?
What are the basics to operating a corporation?
How can I transfer my interest in the corporation?
Does a corporation need a federal tax identification number?
What are the liability consequences?
What are the tax consequences?
What are the tax consequences for “C” corporations?
What are the tax consequences for “S” corporations?
What are the advantages and disadvantages of a corporation?
Not-For-Profit Corporations
What is a not-for-profit?
Are there any considerations important when choosing a name?
What are the requirements and procedures for filing the certificate of incorporation?
After incorporation, what is the next step?
What is the purpose of a not-for-profit’s bylaws?
What is the role of members in a membership organization?
What is the role of the board of directors?
Do all not-for-profits need an Employer Identification Number?
How does a not-for-profit obtain federal tax-exempt status?
When should the application for tax exemption be submitted?
What is the IRS determination letter?
Are there any federal reporting requirements?
Are there any federal disclosure requirements?
How does a not-for-profit corporation obtain New York State tax exemption?
Are there any State reporting requirements?
What are the additional benefits of New York tax exemption?
Does a not-for-profit need a registered agent?
What are the liability consequences?
How can a not-for-profit corporation be dissolved/terminated?
What are advantages and disadvantages of a not-for-profit corporation?
