Artists: five habits that protect your practice
Most of the legal difficulties artists face can be prevented by a few simple habits, adopted early. Here are five, in the order in which they arise.
1. Build proof of your creations
Your rights arise with the work, without formality — but they are only worth what you can prove. Date and archive your work as you go (source files, notebooks, probative deposits such as the French enveloppe Soleau), not on the eve of a dispute.
2. Assign rights only in writing, and precisely
Each right assigned must be spelled out, with its scope, purpose, territory and duration. Beware of “all rights assigned” wording: too broad, it may be deprived of effect — or, conversely, commit you far beyond your intention.
3. Put your gallery relationship in writing
Exclusivity, commissions, consignment and insurance of the works, duration and exit: a written representation agreement protects the relationship as much as each party. Market practice is no substitute for a written contract.
4. Preserve your moral rights
Attribution and integrity of the work are inalienable under French law: no contract can take them from you. Watch over the credit of your name and the integrity of your works in every authorized use.
5. React quickly — and in the right order — when copied
Before any approach, have the copying recorded (bailiff reports, timestamped captures, test purchases): a premature cease-and-desist can make the evidence disappear. Then assess the balance of power before choosing between negotiation and action.
The firm advises artists on each of these points. Learn more: Protecting your creations.
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