Arts Professional Story: William Rattner, Lawyers for the Creative Arts

Lawyers for the Creative Arts (LCA) is the only provider of pro bono legal services to the arts in this area. [Pro bono means "free."] I don't have a story as such; I have a plea to the arts community, based on hundreds of stories told by the artists who come to us for help.

My plea is simple, and not very original. I am urging each of you to realize that whether or not you like it, you are in business. If you are serious about your work, and want your work to be more than a hobby, you simply must be aware of, and pay attention to, business and legal issues that directly impact your profession.

I cannot attempt here to make you an expert in all the various areas of law and business that impact your work. The CAR website has a great deal of that content, and references to other places you can learn more. All I want to do is keep you from problems caused by indifference to the business world that you are, however reluctantly, a part of. So,

Have written agreements. They don't have to be long, formal and full of "legalese." Of course, if the transaction merits it, those things are not bad. But almost any kind of agreement is better than none at all. The purpose is not to set up winning a lawsuit. The main purpose is to make it clear at the start of a business relationship that all the parties agree on the terms. The website, and the Chicago Artists' Coalition's Artists' Self-Help Guide contain suggestions for terms.

Have written agreements with galleries (the law in Illinois requires written consignment contracts), bills of sale, agreements to do a commissioned work, leases and subleases of studios, agreements with partners, independent contractors and collaborators. Have a written agreement for everything you do, and don't be put off by the person who says it is unnecessary, "don't you trust me?" It has nothing to do with trust; if you don't trust someone don't do business with that person, with or without an agreement. It has simply to do with the certain fact that contracts are the way business is done by real business people.

 

Protect your intellectual property, through copyright and trademark law. Don't infringe other's work in creating your own. This is another area where it is always best to get advice first.

Pay attention to your taxes. Consult with a tax professional to set up your business books the correct way. You will save time and money by doing it correctly from the start. At some point you may want to create an entity, a corporation or LLC. Follow the advice of a competent advisor who understands the work you do.

Carry enough insurance for what you need, and no more. Get references to a good, professional agent who will sell you what you need and no more.

Understand the rules of employment if you are employed as an artist, or if you are going to employ others.

My purpose is not to alarm you, but to alert you. Most of the problems brought to Lawyers for the Creative Arts could have been easily avoided.

William E. Rattner has been the Executive Director of Lawyers for the Creative Arts since May 2000. Mr. Rattner graduated from the Wharton School of the University of Pennsylvania and Harvard Law School. He practiced law in Chicago for 38 years, most recently as a senior partner at Hopkins & Sutter. He is an Adjunct Professor at the Northwestern University School of Law and at Columbia College Chicago. He is a certified mediator and arbitrator for the Circuit Court of Cook County.