Understanding Intellectual Property : A Guide for Artists

This Article examines some common intellectual property issues that artists face. It begins by explaining the general premise of American intellectual property law as providing a means to exclude others from using intangible things. In Part II, it examines U.S. copyright law and reviews how artists might claim or run afoul of its protections. It includes a discussion of several important concepts, including the “work-for-hire” doctrine, licensing, and fair use. Part II also touches upon the right of publicity, an important, somewhat-related concept especially relevant to photographers. In Part III, this Article examines trademark law and whether it precludes the depiction of brands in artwork. Part III also touches on related First Amendment concerns that have served to protect claims of trademark infringement by brand owners. Part IV concludes this Article