Supporting The Creative Arts Through Effective Legal Representation And Guidance
The Calhoun Law Firm, PLC, provides clients in creative arts industry with legal counsel and representation in transactional and dispute resolution matters.
Creative Arts transactional legal matters are focused on forming arrangements amongst interested parties; formalizing those arrangements in contracts or agreements; and later executing per the terms established. Arrangements may focus on commercial transactions, hiring and managing employees, managing intellectual property, conducting E-commerce, business structuring, and enterprise operations.
Creative Arts dispute resolution matters are focused on resolving conflicts between two or more parties. Conflicts occur when a party violates the terms of a contract, or once a party’s wrongful acts result in injury to someone’s property or reputation. Legal representation is provided during negotiations, mediation, arbitration, and litigation conducted to resolve the dispute.
Our creative arts clients count on us for legal counsel and representation in matters involving:
Our Arizona Creative Arts attorneys advise writers, visual artists, publishers, and distributors in Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe on contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters.
Creative Arts Enterprise Formation and Structuring Law
Launching or reorganizing a creative arts enterprise by yourself or with partners is an enormous undertaking. The Calhoun Law Firm, PLC, helps clients identify, evaluate, and choose the right formation and structuring solution for their creative arts enterprise. Our creative arts enterprise formation and structuring services include:
- Determining and forming an appropriate business structure for your creative arts enterprise ensuring day-to-day management and control is structured for your needs and limited liability is preserved.
- Developing and executing creative arts business purchase / sale strategies establishing the purchase price, assets exchanged, level of seller post sale consulting support to be provided, non-compete guidelines, non-solicitation guidelines, non-disclosure guidelines, transferability of existing leases, and transferability of existing employment contracts.
- Developing and executing succession strategies accounting for management transition, liabilities, ownership interests, voting rights for owners and stakeholders, and addressing asset protection opportunities and challenges.
- Developing and executing dissolution strategies accounting for notifying creditors of the pending dissolution, finalizing asset distributions, and settling with parties with outstanding claims.
Creative Arts Contract Law
We provide general contract law advice to creative arts industry clients and counsel them on creative arts industry unique contract matters.
Guidance is provided on contract considerations common to a variety of businesses including contract negotiation, contract drafting, contract review, and resolving contract disputes. Additional details on these topics are provided in the practice area description of contracts.
Additionally, creative arts specific contract counseling is provided on matters that include:
- Consignment agreements for the sale, transfer, and use of a creative work. The consignee accepts creative works from sellers to sell to potential buyers. The consignee receives a commission when the creative work is sold. If the creative work does not sell, it can be returned to the consignor.
- Publishing agreements setting out arrangements between publishers and authors, including how much the writer is paid, where the publisher may publish the work, and whether the publisher may publish the work in print, audio, or video format.
Creative Arts Commercial Transaction Law
We provide general commercial transaction law advice to creative arts industry clients and counsel them on creative arts industry unique commercial transaction matters.
Guidance is provided on commercial transaction considerations common to a variety of businesses including negotiating commercial agreements, formalizing commercial agreements, executing commercial transactions, and resolving commercial transaction disputes. Additional details on these topics are provided in the practice area description of commercial transactions.
Additionally, creative arts specific commercial transaction counseling is provided on matters that include:
- Authors are compensated with royalties depending on a percentage of book sales. Each time a paperback, hardcover, audiobook, or eBook is sold, the publisher pays a percentage of the revenues to the author.
- Reproduction and Derivative Works matters including translations, reproductions, abridgments, condensations, editorial revisions, annotations, and elaborations.
- Commissioned art works involving description of the project, the payment structure, the creative process, copyrights, shipping strategy, and timeline.
- After a creative artist’s death, continued copyright protection enables heirs to benefit from their work.
Creative Arts Intellectual Property Law
We provide general intellectual property law advice to Creative Arts industry clients and counsel them on Creative Arts industry unique intellectual property matters.
Guidance is provided on intellectual property considerations common to a variety of businesses including acquiring trademarks, acquiring copyrights, protecting trade secrets, licensing intellectual property, purchasing intellectual property, and intellectual property dispute resolution. Additional details on these topics are provided in the practice area description of intellectual property.
Additionally, Creative Arts specific intellectual property counseling is provided on matters that include:
- Copyright protection of original artistic works of authorship, fixed in a tangible medium of expression, that can be perceived, reproduced, or otherwise communicated.
- A copyright owner’s economic rights allow them to reproduce, adapt, translate, perform, broadcast, and publish their protected work. Economic rights can be bought, sold, and licensed by the original owners of the copyright.
- An owner’s copyright moral rights require works to be attributed to their creators whenever the work is published or reproduced and prevents the work from being subjected to derogatory treatment.
- Fair use permitting use of a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
- Trademarks identifying and distinguishing the company’s goods or services from those of a competitor. Trademarks are usually words, phrases, symbols, designs, or a combination of these that identify your creative arts business, goods, and services.
Creative Arts E-commerce Law
If you have a business website, a business email account, or business social media accounts, you’re participating actively in E-commerce. There are dangers involved in operating online, including cyber piracy, data protection, and copyright / trademark infringements. We provide legal counsel to creative arts enterprises covering a wide range of internet considerations including compliance with state and federal online advertising regulations; compliance with state and federal online consumer privacy regulations; domain name selection-registration and maintenance; and website development arrangements.
Creative Arts Dispute Resolution and Litigation Law
We provide general dispute resolution advice to creative arts industry clients and counsel them on creative arts industry unique dispute resolution matters.
Guidance is provided on dispute resolution considerations common to a variety of businesses including negotiations, mediation, arbitration, litigation, and appeals. Additional details on these topics are provided in the practice area description of dispute resolution and litigation.
Additionally, creative arts specific dispute resolution counseling is provided on matters that include:
- Copyright infringement resulting from the use of a protected work without the copyright holder’s permission. Infringement violates the copyright holder’s exclusive rights, including: the right to distribute, reproduce, display, or make derivative works.
- Copyright cease-and-desist letters demand that the recipient stop and refrain from engaging in activities that infringe on the owner’s rights and demand specific assurances and remedies from the person who is being accused of infringing on those rights.
- Digital Millennium Copyright Act takedown notices sent to a service provider requesting that user-uploaded material that infringes on the owner’s copyrights be taken down off of a website.
Contacting The Calhoun Law Firm, PLC
If our capabilities match your needs, we invite you to contact us today by one of these means:
- Call us at 877-455-6344 to evaluate our capabilities to address your situation.
- Submit an inquiry via our Contact Us Form to brief your situation and needs.
- Schedule a low-cost 45-minute legal Consultation via our client portal to review your situation and approaches by which your objectives can be met.
Our Arizona Creative Arts Attorneys are experts in handling the legal matters that Phoenix and Tucson area writers, visual artists, publishers, and distributors address during the course of their daily business activities. Moreover, our Arizona Creative Arts Lawyers assist creative arts small businesses in the Phoenix and Tucson areas with contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters. Clients from Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe are regularly advised and represented by our firm.