So, You Want to Be An Art Lawyer?
(Christoph Büchel, Michael Asher, Felix Gonzalez-Torres, Adrian Piper, Santiago Sierra, Superflex, Tehching Hsieh, Gordon Matta-Clark, Larry Clark)
Fourth point: In order to better understand artists and their work, you must — must — visit art galleries, nonprofit art spaces and museums. Go to art openings, meet artists and ask them if you can do studio visits. If you like art and are seeking to support artists, buy art (it can also make a great investment). For intellectually rigorous projects, I personally recommend the Hirshhorn in D.C. and Dia:Beacon. Visit Marfa, Texas and view Donald Judd’s installation and collection of minimalist and conceptual art. The Power Plant in Toronto is also great, as is the Palais de Tokyo in Paris. Enroll in a studio art course. This will not only energize the right-side of your brain, but more importantly it will give you a first-hand lesson in what artists face each time they go in to their studio. If you’re not much into getting dirty or moving materials around, try taking an art theory or art history course. I suggest something in modern or post-modern art. Don’t have time to take a full course? Check out your local museums and art institutions for art talks, panels and lectures, many of them free of charge.
Fifth point. Understand that artists and nonprofit art institutions have unique legal problems. The learning curve can be high, but certainly rewarding. However, artists and art institutions also face problems similar to other clients or legal issues you may have had. They’ll still need written agreements; have entity problems (LLCs, nonprofit corporations); if nonprofit, have state and federal regulations; they both need asset assessment and intellectual property rights protection; and they certainly need insurance. Do some research: some artists and art institutions care more about the content of their work than they do about the money. Which client do you prefer?
Keep in mind that the art law field may not be highly lucrative if you focus too narrowly or are too picky. With this in mind, the sixth point is to be willing to expand your clientele by having an expansive definition of art. Are you interested in representing fashion designers, actors, musicians, dancers or filmmakers? Will they be in a broad range of practice areas and styles, modern or post-modern? Will you focus solely on intellectual property? Will you represent artists or galleries, or both?
Seventh point. What background interests or experience do you have that could benefit artists? Think hard and make a list of services you could provide to this specific clientele. Do you speak a foreign language? Do you have a preferred legal area of interest (trust and estates, free speech, intellectual property, nonprofits). Do you have an MBA or other license that could deepen the services you provide for artists. Do you have an arts background? Where you a graphic designer? Are you a musician? Where you previously a gallery assistant or with a degree in art history?
Eight. Regardless, and most importantly, you’ll need to know the law and strengthen your repertoire. Take classes in copyright and trademark law, property law, negotiation, mediation, contracts and advanced contract drafting, cyberlaw or Internet law. How up to date are you in new technology and social media? Remember, artists are always a step ahead and looking for new means of communicating and spreading their ideas and thoughts. Mix this with their background in studio art and art history and you’ve got a plate full of information to catch up on.
So how do you start? Point nine: believe it or not the best way to learn is by doing pro bono or volunteer work for legal organizations such as Volunteer Lawyers for the Arts in New York City (there are other VLAs in other states, so check to see if there’s one around you). There are also legal clinics affiliated with law schools across the U.S. that handle cases in art and entertainment law. Check those as well. Keep in mind that there are many low-income and mid-income artists who need legal services of all kinds. Many artists graduate from art school with hundreds of thousands of dollars in student loans, so you won’t have to look too hard to find artists who would love pro bono work from qualified professionals.
Point ten. Speak with other art lawyers and art law scholars and professors. Ask them what they do on a daily basis and if they like what they do. Ask them about the boring parts as well, not just the exciting stuff.
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