Artists

At Lehmann Strobel PLC we know that artists face unique challenges. In an increasingly competitive environment, it is a constant struggle to find a balance between seeking financial success and pursuing artistic goals. To remain viable and stay independent, you need guidance from professionals who understand your passion for art and can help you navigate in the commercial world.

Lehmann Strobel PLC was founded on the belief that independent creative professionals need an alternative to large, expensive, litigious law firms. We know that you need efficient and effective legal and business affairs advice from lawyers that understand the art world. For more than a decade we have been providing professional advice to visual artists, writers, musicians, actors and creative professionals of all kinds.  Client list.

Whether you are using copyrighted material in your work, working as an independent contractor, creating a commissioned work, or licensing your work for merchandizing or publication, we can help manage your creative assets to achieve your goals.

Case Studies

We the People, We the Gay People of the United States

“Sculptor Michael Hunt Stolbach was referred to Lehmann Strobel PLC by the Pennsylvania Volunteer Lawyers for the Arts. Stolbach explained that he had donated a papier mache mixed-media piece depicting a mummy covered with obituaries of AIDS victims inside a house made from a copy of the U.S. Constitution to the Albright College museum in memory of a friend. For a time the work was displayed by the museum, but he was later told that the work had been thrown away. Stolbach asked whether he had any claim against the museum for destroying his work.

“After reviewing the situation I determined Michael had a claim under the federal Visual Artists Rights Act and also under a similar Pennsylvania law” said Walter G. Lehmann. The Visual Artist Rights Act requires owners of certain works of art to notify the artist if they intend to destroy the work and give the artist an opportunity to reclaim it. An owner who fails to provide notice can be held liable for damages. “Assuming he can satisfy the requirements of the VARA statute, Michael has a claim against the museum” explained Lehmann. “He may also have a claim under a similar Pennsylvania law -- that would be a case of first impression.”

“Lehmann noted that the fact that it was a museum which destroyed the work is particularly shocking. “Museum curators should know better – destroying a work of art violates the museum’s mission to preserve the works in its collection.” Armed with Lehmann’s legal recommendation, Stolbach convinced the litigation firm of Morgan Lewis & Bockius to take his case pro bono.”

(Courthouse News Service link: http://www.courthousenews.com/2009/02/24/College_Junked_Key_Piece_Sculptor_Claims.htm

Legal and Business Articles

Copyright — Is it Better to Own or License? (204 kb PDF)
I was recently asked by a producer to review an agreement he had received from the lawyer of an organization he had been working with to prepare a documentary...

Cultural Icons Pose Unique Rights Clearance Issues (156 kb PDF)
Incorporating pre-existing materials depicting celebrities, landmarks and other readily identifiable cultural objects in a new work can pose unique liability issues beyond the normal...

Six Basic FAQs About Copyrights (108 kb PDF)
A copyright is a legally protected monopoly giving the owner of the copyright the exclusive right to publish, perform, or display the work, and to create derivative works...

Music Synchronization Rights (108 kb PDF)
The use of music in film, TV, video and webcast production involves two aspects of copyright law: synchronization rights and performance rights. Performance rights come into play when a...

Photographic Rights (152 kb PDF)
Copyright law can protect your photographs from unauthorized use. Unless they are in the public domain, or the use can be considered "fair use" under U.S. copyright laws, no one can...

Sales Taxes — A Trap for Unwary Artists and Dealers (156 kb PDF)
In the past couple of years, high-profile cases involving the avoidance of sales and use taxes have underscored how important it is that artists, galleries and collectors clearly understand their...

Art Interrupted: Legal And Ethical Considerations
Of Exhibiting Unfinished Commisioned Works (452 kb PDF)
What do you get when you combine a Swiss artist, a football field-sized museum gallery, and $300,000 worth of materials, including a two-story Cape Cod-style house...

The Name of This Band Is…Trademarked (147 kb PDF)
Choosing a name is typically one of the first creative decisions for most bands and an important step in defining a band’s unique identity...

Visual Music: The Musician and Sync Rights (152 kb PDF)
The use of music in film, TV, video and webcast production involves two aspects of copyright law: synchronization rights and performance rights...

Legal Business Forms

Artist-Gallery Consignment Agreement (285 kb PDF)

Television Production Still Photographer Agreement (257 kb PDF)