Legal Issues for Arts Organizations (Discovering the Creative Industries)

Cover
Half Title
Series Information
Title Page
Copyright Page
Dedication
Disclaimer
Table of Contents
About the Author
Acknowledgments
Part I the Legal Environ.ment
	Chapter 1 The Legal Issue Spotting Process
		1.01 Arts Administrators in the American Cultural Ecosystem
		1.02 The Legal Issue Spotting Process: an Overview
		1.03 Legal Decision Making in Arts Organizations
		Further Resources
		Notes
	Chapter 2 The American Legal System as a Platform
		2.01 Legal Structure of American Government
			2.01[a] The Three Branches of American Government
			2.01[b] Jurisdiction
				2.01[b][1] Personal Jurisdiction
				2.01[b][2] Subject-matter Jurisdiction
			2.01[c] The Hierarchy of the American Court System
			2.01[d] Controlling Law
		2.02 Law, Policy, and Nonprofit Formation
		2.03 Lawsuits
			2.03[a] Factual History
			2.03[b] Pleadings Stage
				2.03[b][1] Initiating a Lawsuit
				2.03[b][2] Responding to a Lawsuit
			2.03[c] Discovery Phase
				2.03[c][1] Document Discovery
				2.03[c][2] Deposition Discovery
			2.03[d] Dispositive Motion Practice
			2.03[e] Pretrial Phase
			2.03[f] Trial
			2.03[g] Post-trial Motions and Appeals
		2.04 Alternative Dispute Resolution and Settlement
		Further Resources
		Notes
Part II The Relation.ship Triangle
	Chapter 3 People
		3.01 Relationships Internal to the Organization
			3.01[a] The Organization–director Relationship
			3.01[b] The Organization–employee Relationship
				3.01[b][1] Establishing Employment Terms and Classifying Employees
				3.01[b][2] Anti-discrimination Laws
				3.01[b][3] Laws Establishing Other Types of Worker Protections
				3.01[b][4] Claims Arising from the Employer–employee Relationship
			3.01[c] Organization–part-time Labor Relationship
		3.02 Relationships External to the Organization
			3.02[a] Organization–volunteer Relationship
			3.02[b] Organization–unpaid Intern Relationship
			3.02[c] Organization–grantor Relationship
			3.02[d] Organization–donor Relationship
			3.02[e] Organization–patron Relationship
		Further Resources
		Notes
	Chapter 4 Property
		4.01 Physical Property
			4.01[a] Personal Property
			4.01[b] Real Property
				4.01[b][1] Real Estate Transactions
				4.01[b][2] Premises Liability
		4.02 Intellectual Property
			4.02[a] Copyrights
				4.02[a][1] Definition of Copyrightable Works and Governing Statutes
				4.02[a][2] Rights Belonging to a Copyright Owner and Joint Authorship
				4.02[a][3] Copyright Registration Benefits
				4.02[a][4] Copyright Infringement, Defenses, and Remedies
			4.02[b] Trademarks
				4.02[b][1] Distinctiveness
				4.02[b][2] Trademark Use and Abandonment
				4.02[b][3] Trademark Application
				4.02[b][4] Trademark Examination and Registration
				4.02[b][5] Trademark Maintenance
				4.02[b][6] Inter Partes Proceedings Before the Trademark Trial and Appeal Board
				4.02[b][7] Trademark Infringement
				4.02[b][8] Cybersquatting
			4.02[c] Rights of Publicity
			4.02[d] Trade Secrets
			4.02[e] Patents
		4.03 Conducting Due Diligence and Creating a Property Portfolio
		Further Resources
		Notes
	Chapter 5 Purpose
		5.01 Agreements Between the Organization and Its Employees
			5.01[a] Employment Agreement
			5.01[b] Offer Letter
			5.01[c] Employee Handbook
			5.01[d] Non-disclosure Agreement
			5.01[e] Non-compete Agreement
		5.02 Agreements Between the Organization and Outside Professionals
			5.02[a] Independent Contractor Agreement
			5.02[b] Engagement Letter
			5.02[c] Performer’s Agreement
			5.02[d] Arts Commission Agreement
			5.02[e] Exhibition Agreement
			5.02[f] Volunteer Agreement
		5.03 Agreements Between the Arts Organization and Another Collaborating Entity
			5.03[a] Collaboration Agreement
			5.03[b] Resource-sharing Agreement
		5.04 Agreements Allowing the Arts Organization to Use or Monetize Intellectual Property
			5.04[a] Music Licenses
				5.04[a][1] Licensing Music for Video-based Media
				5.04[a][2] Public Performance Licenses
			5.04[b] Film Licenses
			5.04[c] Theatrical Licenses
			5.04[d] Life Rights Consent and Release Agreement
			5.04[e] Curricular Materials License
			5.04[f] Copyright License
			5.04[g] Trademark License
			5.04[h] Stock Licensing
			5.04[i] Creative Commons Licenses
			5.04[j] Open-source Material
		5.05 Agreements Allowing the Arts Organization to Own or Transfer Intellectual Property
			5.05[a] Work-for-hire Agreement
			5.05[b] Copyright Assignment
			5.05[c] Trademark Assignment
		5.06 Agreements Allowing the Organization to Gain Funding
			5.06[a] Pledge Agreement
			5.06[b] Gift Agreement
			5.06[c] Corporate Sponsorship Agreement
			5.06[d] Grant Agreement
			5.06[e] Terms and Conditions for Contests and Sweepstakes
		5.07 Agreements Allowing Organizations to Use Physical Spaces
			5.07[a] Lease Agreement
			5.07[b] Event Rental Agreement
		5.08 Agreements Between the Organization and Patrons
			5.08[a] Art Sale Agreement
			5.08[b] Art Consignment Agreement
			5.08[c] Participant Agreement
			5.08[d] Terms of Use
		5.09 Specialty Agreements
		Further Resources
		Notes
Part III The Deal Triangle
	Chapter 6 Permissions
		6.01 Negotiation and Contract Formation
		6.02 Reading and Understanding a Contract
			6.02[a] Front Material and Contract Recitals
			6.02[b] Key Contractual Terms
			6.02[c] Boilerplate Terms
			6.02[d] Signature Block
		6.03 Contract Enforcement
		Further Resources
		Notes
	Chapter 7 Payment
		7.01 Payment Vehicles
		7.02 Grant Payments and Crowdfunding
		7.03 Audit Provisions
		7.04 Cybersecurity
			7.04[a] Privacy and Spam
			7.04[b] Data Breach
		Further Resources
		Notes
	Chapter 8 Pitfalls
		8.01 Premises
		8.02 Personnel and Participants
		8.03 Finances and Fundraising
			8.03[a] Avoiding Violations of the Commerciality Doctrine
			8.03[b] Paying Taxes
			8.03[c] Fundraising
		8.04 Organizational Formation, Dissolution, and Governance
			8.04[a] Pitfalls Related to Corporate Formation
			8.04[b] Pitfalls Related to Corporate Governance
			8.04[c] Pitfalls Related to Corporate Dissolution
		Further Resources
		Notes
Part IV Working with Lawyers
	Chapter 9 Professionals
		9.01 The Business Decision to Seek Legal Services
		9.02 Legal Self-help and Free Legal Services
		9.03 Board Members Who Are Attorneys
		9.04 Working with Outside Counsel
			9.04[a] Finding an Attorney
			9.04[b] Establishing an Attorney–client Relationship
			9.04[c] Working with an Attorney
			9.04[d] Understanding Attorneys’ Fees and Billing
				9.04[d][1] Hourly Fee Structures
				9.04[d][2] Flat Fee Structures
		Further Resources
		Notes
	Chapter 10 Practice Issue Spotting
		10.01 Follow the Legal Issue Spotting Process
			Out Loud Arts 1
			Out Loud Arts 2
		10.02 Test the Legal Issue Spotting Process
			Out Loud Arts 3
			Out Loud Arts 4
		10.03 Use the Legal Issue Spotting Process
			Out Loud Arts 5
			Out Loud Arts 6
Appendices
	Appendix A Example Contract Annotated
	Appendix B Chapter Ten Key
		Out Loud Arts 1
		Out Loud Arts 2
		Out Loud Arts 3
			Relationship Triangle(s)
			Deal Triangle(s)
		Out Loud Arts 4
			Relationship Triangle(s)
			Deal Triangle(s)
Index