The Concept of Property Rights in Art and Entertainment Law - Case Study Example

Lecturer Case Study on Arts and Entertainment Laws Introduction Art law involves many aspects of law; hence it is multidisciplinary.Simple explanation for the art law concept is; a body of law which has many disciplines involved in the protection, facilitation, regulation, marketing and use of art. Art law isn’t a unified legal instrument or separate jurisprudence, which applies to issues affecting people in the art sector. The people practicing art law study different disciplines like intellectual property, international, commercial, contract, tort, contract and constitutional law to protect the individual or business interests of the clients who they represent. Although these legal principles are national; the scope of others depends on state law development. Currently; art trade activities involving production, sale, display and collection of art get professional legal considerations through regulation, statute, treaty, case law, ordinance and regulation. Art traditionally concerns fine art and visual arts. Also, it’s noted that art law is very similar to the cultural property law. Entertainment law generally entails industries or sectors engaged in the production of theatre, music, television, publishing and motion pictures. These entertainment sectors deal with economic or business aspects that are applicable to almost all areas of law; for example copyright, trade secret, publicity, securities, trademark, rights of privacy and publicity, corporate law, international law, constitutional law and labor law. All of these stated laws work towards protecting the creative rights of the individual or the enterprises. Other laws related to the entertainment law include; intellectual property law, sports law, telecommunications law and First Amendment law. The most basic legal tool in the entertainment sector is the personal service agreement (Wasko 178). The personal service agreement is quite often governed through statutes, and they are at times the subject of court processes due to restrictions on rights of the artists to create or perform for other enterprises or individuals. Another additional issues discussed in this paper is the fact pattern which involves presentation of evidences. Law practitioners are required to study the proofs in order to disregard or ignore those which are not applicable to the subject matter at hand. Legal Issues Raised in Question One Copyright law protects artistic works. The artistic works should be presented in tangible mediums like paintings. Copyright is given through the federal statutes and it enables the artist to have exclusive rights on his works; like reproduction and display. The artist is given complete monopoly over his or her piece of work through this entertainment law. A copyright is obtained automatically on the date a creative work is produced; however for federal protection of the piece of work, the artist must file two pieces of the work with Copyright Office, located in Washington DC. Therefore, Georgia must ensure that her portrait paints are registered with the Copyright Office; this will enable her to have exclusive rights on her painting works. The trade secrets law also applies in the painting business of Georgia. Trade secret includes any factor or information which enables a business to have competitive advantage over competitors; this information is mostly unknown in the industry. Trade secrets are protected through the state law; the secret should not be common knowledge in public, and it should have proven business value. The trade secret of the painting business should be jealously protected (Wasko 177). For example; the trade secret of Georgia is that handwritten contract is more favorable to customers than professionally made agreements. She reasons that professionally made contracts can make customer uncomfortable with the business transaction. Royalty agreements are also a very important factor in the painting business of Georgia. Royalties are part of the income generating avenues for businesses; and Georgia should exploit completely related agreements. In order to earn royalty; Georgia should get copyright for her works, this copyright will then be granted to an individual or enterprises, which will then market, promote and even sell the painting works. The royalty payments figure is arrived at during a negotiation process involving the artist, and the interested promoter. Georgia can negotiate a favorable royalty rate with the famous musician; this is because the agreement will increase sales hence generating more revenue for the business. The portrait of the famous musician on T-shirts will drive sales; and Georgia will also benefit through the royalty revenue. Legal Issues Raised in Question Two Making secret copies of works of an artist is not allowed by the arts and entertainment laws. This is because the copyright law, patent law and trade mark law protects the work of artists from being used or seen without their consent. The act of Rembrandt making secret copies of the painting works of Georgia is, therefore, an illegal act. It is the owner of the art work who has the express authority of reproducing the work. Therefore, only Georgia has the authority of multiplying her art work; another party can only access this privilege through an express permission from the artist. Rembrandt, next time, should seek permission for multiplying the painting arts. Any party, who does not adhere to a business contact, should face legal action. For Georgia to avoid future contract breaches; she must engage in professional contracts. This is because the professional contracts are formal, and can act as evidence or proof incase of business disputes. One remedy for breach of contract is damages, which involves an award of money to the innocent party in an agreement. In our case study; if Rembrandt fails to supply the frames as promised; then Georgia can seek legal redress in the court of law. This is why professional contract is very important; it can act as evidence in the court of law during a dispute. The court on studying available evidence can direct Rembrandt to pay monetary damages. Georgia and Rembrandt can alternatively seek an out of court settlement through; Rembrandt catering for the opportunity cost, with additional financial fine or penalty. George should aim at producing high quality painting works. The quality should meet; and if possible exceed the demands of the client. If a client is dissatisfied then George should ask for additional time to rectify areas of weaknesses. Some clients can sue an artist for a shoddy job which is below standards; the court can solve this dispute through specific performance; where the court will direct the artist to effectively perform or conduct her contractual obligations. Alternatively; the artist and the client can decide to mutually terminate the contract through repudiation, where both parties terminate the contract. It is not legally advisable, and also unprofessional for an artist to work in a client’s house. All professional artists should have a workstation, workshop or office; with addresses and contacts, from where they perform their work. Insurance companies usually insure work stations of artists; in cases of proven damages, then the insurance service provider will compensate. Work stations are also represented in occupations safety and health provisions (Wasko 176). Accidents which occur outside the work premises are usually not compensated by insurance providers. If Georgia falls down in a client’s home, then she cannot be compensated easily because that is not her work station. Clients and also sue and claim damages from the artist if accidents are caused at home due to the artists work. Conclusion In art and entertainment law, the concept of property rights is well justified. This is because property rights are beneficial to artists. Justification of property rights is based on certain economic formula; which explains that property rights are the most efficient means of producing social wealth. Copyrights and patents are viewed as an incentive structure for generating more social wealth with the least possible costs. Works Cited Wasko, Janet (2008). Hollywood Entertainment Industry, Malden, MA: Blackwell Publishing. pp. 176–178. Read More