Creative Artist Law

Establishing a Business Entity

An artist may consider establishing a corporate entity, limited liability company, or other business entity to do business. Estivi Ruiz will facilitate the process of organizing and establishing the creative artists business entity. The benefits of opening an organization include, limiting liability, possible tax breaks, and the all-important appearance of professionalism. The benefits of a business entity run concurrent with a proper tax advisor and accountant which should be retained separately as Estivi Ruiz does not provide tax or accounting advice.

Contract Negotiations

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Most recently, creative artists have been approached by large organizations in the tech-industry for creative ventures. The tech-industry has taken a harder line than traditional Hollywood production companies. As the entertainment industry changes from Hollywood to Silicon Valley, artists should not merely "accept" the terms and agreements presented by the Tech-Goliaths. Those organizations have superior bargaining positions in comparison to a growing artist. Estivi Ruiz provides comprehensive negotiations and counsel for artists engagements with production companies, contractors, editors, and others in the creative industries. 

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Also, artists in the plastic mediums such as painting or sculpture may benefit from having legal representation to negotiate engagements with gallerist and other sales representatives. Transfers of artworks from one person to another must be diligently documented and recorded in order to ensure authenticity and integrity.

Non-Disclosure Agreements

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A Non-Disclosure Agreement ("NDA") is important for the protection of creative works. If you are a creative artist and you have creative work which you would like to protect, every meeting, utterance, conversation, should be protected as much as possible. Before presenting the creative work to an investor, buyer, or other person, the innovative product should be protected from exploitation. The important issue here is not only the creative work you present, but examples of derivative works should also be expressly protected in your NDAs.

Non-Compete Clauses

Depending on the State in which you are performing your creative services, a non-compete clause may be unenforceable. Often times production companies or those with superior bargaining power will insert clauses into a contract severely limiting the creative artists ability to work with other companies. A non-compete clause must be reasonable and provide the artist with compensation if it restricts the artist from engaging in other projects.

Master Recording/Music Composing All Rights Purchase Agreement

Musicians bargaining position has diminished more and more in recent years. For young-musicians, the first agreement they make with a production company may result in a complete transfer of rights of all interest in the music to the production company. Production companies seek the full rights of the music, because they can control the distribution of the rights of the entire work, and market the same to other organizations, their own organization, overseas to partners, etc. A production company is sometimes the best partner to distribute a creative work, and negotiating an agreement which suits you, and in which you retain an interest in your creative work must be negotiated by capable counsel and management.