By Leonard DuBoff
• the entire source for craftspeople who're additionally enterprise people
• specialist recommendation from a pioneer in paintings law
this is the definitive consultant for craftspeople who are looking to effectively take on the company and criminal concerns they face each day. reasons of recent legislation plus a dialogue of recent company types this kind of s restricted legal responsibility businesses carry this quintessential quantity modern. Readers will nonetheless locate DuBoff’s easy-to-understand causes of emblems and copyrights, contracts, consignments, taxes, legal responsibility, operating at domestic, and getting the suitable compensation—everything the small-business artisan must shop millions of bucks in lawyers’ fees.
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Additional info for The Law in Plain English for Crafts
The purpose of these laws is to overcome many of the abuses that have occurred in the limited-edition market. If your craft is created in a limited edition and you wish to use a certificate, see appendix C(1) for a form. You should also check with an attorney to determine whether states other than those described above in which you will be selling your work have enacted so-called multiples laws, as well. CONSUMER PROTECTION LAWS The federal government and many states have enacted legislation designed to give consumers the opportunity to change their minds and cancel an unwanted sale.
Additional issues that may be addressed include the duration of the consignment relationship, who assumes the costs for shipping and storage, the payment schedule for the craftsperson, and the extent and nature of marketing and promotion to be done by the dealer. The protective provisions of consignment legislation cannot be waived. Accordingly, any attempt to avoid these provisions by contract is prohibited by law. Finally, and perhaps most importantly, nearly all of these statutes provide that the consigned artwork is protected against claims asserted by the art dealer’s creditors, including a trustee in bankruptcy.
The advantage of providing some detail in the confirming memorandum is twofold. First, in the event of a dispute, the craftsperson could introduce the memorandum as proof of the terms of the oral agreement. Second, the recipient of the memorandum will be precluded from offering any proof regarding the terms of the oral contract that contradicts the terms contained in the memorandum. The recipient or, for that matter, the party sending the memorandum can only introduce proof regarding the terms of the oral contract that are consistent with the terms, if any, found in the memorandum.