Friday, December 8, 2023

Website Terms and Conditions


General Legal Information

This website provides general information and news articles about legal topics but it does not offer individual legal advice. We encourage users of this site to consult a lawyer regarding any legal issue they may have, and before signing a contract, particularly if the contract provides for paying the creator. Clancco,, as well as any individuals associated with this institution (including but not limited to the employees or agents of Clancco, and those individuals serving on the Board of Advisors of Clancco and do not provide legal services through this website. Using this website or sending us email does not create an attorney-client relationship. We make no warranties or representations regarding the general legal information provided on this website, and disclaim any liability for damages resulting from its use.

This website and the sample contracts and other materials contained on it are provided for informational purposes only and should not be relied on as legal advice. Nothing transmitted from this website constitutes the establishment of an attorney-client relationship between you and any attorney mentioned on this website. The sample contracts and other materials on this website cannot and do not address the unique facts and circumstances of your specific situation and should not be relied on for your particular transaction. Therefore, you should not use the sample contracts and/or the other materials on this website without first obtaining the advice of an experienced attorney.

While we strive to keep this website up-to-date, we do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information available on this site or through the links you will find at this website. Finally, nothing contained on this website should be construed to constitute a recommendation or endorsement of any product, agency, site, law firm or attorney.


You agree to indemnify, defend and hold harmless Clancco,, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Clancco website and any and all its materials.

Use of Materials on This Site

Clancco grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Clancco and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Clancco and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.


All Content is copyrighted, and it is either owned by or used with permission of Clancco. Clancco disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Clancco.

Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

Digital Millennium Copyright Act

If you believe that any content appearing on this Site, or on a site that we provide a link to, is an unauthorized copy of your work in a way that constitutes copyright infringement, please contact us via e-mail at


The trademarks, logos, and service marks displayed on this Website are owned by Clancco and third parties, and this Website’s trade dress is owned by Clancco (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by Clancco are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.

Banners, Advertisements and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Clancco disclaims all liability in connection with therewith.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Applicable Law

By visiting the Clancco website, you agree that the laws of the state of New York, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Clancco,, and/or any of its officers, directors, agents, employees, and/or owners.

Revisions to this Website and this User Agreement

Clancco may, in its sole discretion, make changes at any time to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Clancco may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.


Trade Secrets & Studio Visits: Contract Forms

The proliferation of contemporary art and the mass number of artists being produced have entertained a moment where artists and art students are engaging in multiple and numerous visits and interviews with curators, writers, and other artists and art students. These “visits” are, and have been called, studio visits.

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Koons Wins Appeal and Right to Use Copyrighted Material

The Second Circuit court of appeals, which hears appellate cases for the state of New York, recently found that Jeff Koons’ use of a fashion photographer’s photo was protected by fair use.

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New Media, Internet, and Control of War Propaganda

The BBC reported on October 31st that the US defense department, dissatisfied with its lack of control of new media and its use in disseminating news and propaganda regarding the Iraq war, has set up a new unit to better promote and monitor messages across 24-hour rolling news outlets, particularly on the internet.

With the advent of U Tube and the potential for the layperson to become a video or film journalist, it was only a matter of time before the Pentagon realized what Paul Virilio foresaw: that there isn’t a damn thing that isn’t eventually used for war. Al Queda realized this, and many other wise uses to the internet and possible technological feats, quite a long time ago.

Problems arising are: who (corporations vs. individuals) will control U Tube technology and its uses, and how this will divide along ideological and party lines on a national (U.S) and global scale.


Home Is Where the Internet Connection Is: Law, Spam, and the Protection of Personal Space, by Andrea Slane

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Avant-Garde, Kitsch and Law, by Anthony Chase

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Imminent Lawless Action: Buck-Morss v. Enwezor

This essay argues that the seemingly disparate concepts of art and law are connected by the question of dissent and its its own juridico/linguistic limitation. It is my contention that at this stage of our global order, the only space left for an artistic practice is that of questioning institutional frameworks through and against the language of law.

If in fact the United States is our current version of Empire, then it is precisely through a cultural production informed by but not limited to Western artistic notions of the avant-garde that the questioning of U.S. laws, the U.S. Constitution and their global materialization will be elucidated.

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Clancco, Clancco: The Source for Art & Law,, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to They are not the views of any other organization, legal or otherwise. All content contained on or made available through is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.

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