Frequently Asked Questions

Working With Us • About Us • Intellectual Property • Contracts • The List • For Students

Working with us

We recommend being proactive rather than reactive.
When thinking about making an agreement, you should reach out to a lawyer in situations like these:
- Negotiating any kind of commercial agreement
- Consigning your artwork to a gallery
- Establishing an exclusive relationship with a gallery or representative
- Creating a commissioned artwork
- Setting up an online platform (such as a website) to sell your artwork or deliver your services
- Hiring employees and part-time workers
- Collaborating with a colleague to create a work
A lawyer who specializes in art law can help you understand the customs and norms that apply in such transactions, guide you through important conversations with collaborators, and prepare contract terms that reflect your goals and preferences.
When thinking about copyright, trademark, and sharing your work with others, you should speak with a lawyer any time you are confused about the terms of a request to use your work, need to cite or reuse another person’s work, or need to establish rules about using and sharing your work.
The words we use to describe intellectual property rights are highly specialized, and mixing up one word with another can create confusion and unwanted release of your rights. It’s best to get help translating these terms!
Finally, art lawyers are crucial participants in estate planning for artists. It’s important to design your will or trust with a lawyer who understands the intricacies of planning for artworks and intellectual property, and can advise you on the best ways to preserve your legacy.
We begin with a free, 30-minute Zoom meeting. During this get-to-know-you session, we figure out if Implement Legal has the right expertise for your needs.
After that, we A) send a proposal for your project or B) schedule a paid consultation helps us form a comprehensive legal service plan and accurately predict your service costs.
When you accept our proposal, we send a contract for legal services and your first invoice. You also receive access to your private client portal, where all of your documents are stored. If you are joining The List, you are invited to join us on Voxer and Loom, which we really like for exchanging messages and quick updates.
Then we schedule your first meeting, and we get to work!
The average person who needs a lawyer typically cannot afford one. That’s what “billing” is for - we don’t expect you to pay all your costs upfront!
You can find information about our rates on this page: Fees
Paid consultations are billed once at the time you schedule. Otherwise, we bill flat-fee service packages in 2 installments. When we charge hourly, we ask for a 4-hour retainer and send monthly bills until your project is complete. We also set not-to-exceed limits and send current billable totals every Friday.

About us

Collectively, 10 degrees and decades of experience. You can read more about us under Who We Are.
Our specific areas of expertise include:
• Copyright registration, maintenance, infringement, and enforcement.
• Trademark registration, maintenance, infringement, and enforcement.
• Website terms and conditions, privacy policies, and other required statements.
• Specialist advice for lawyers working with artists, writers, musicians, collectors, and foundations.
• Setting up creative businesses and non-profit organizations.
• Negotiating and drafting contracts for private and public commissions, sales, licensing, representation, publications, and exhibitions.
• Advising established creative businesses on restructuring and strategic growth.
We want our clients to have the very best advice - always. If any aspect of your matter deserves attention from an outside specialist, we ask a trusted colleague to consult. For example, if your estate plan is affected by an existing divorce decree, we will ask our favorite divorce attorney to review our advice.
Sometimes these collaborations are billed directly through our firm. Other times, the colleague feels more comfortable having you sign a second engagement agreement and pay them directly. In all cases, you will be notified of all potential participants and charges before we proceed.
We routinely update outdated or insufficient legal documents and strategies. Schedule a Initial Consultation or send an email to hello[at]implementlegal.com.
Katherine is sometimes available for academic and professional conferences, university guest lectures, and podcast interviews. Tell us more at hello[at]implementlegal.com!
We can help your estate planning lawyer understand and plan for your artworks, art collection, copyrights, trademarks, and intellectual property agreements. We regularly advise our colleagues on these niche assets. Our firm does not provide full estate plans.

Intellectual Property

Intellectual property is an intangible right to a tangible creation.
Examples include:
• Copyright for song lyrics
• Copyright for a musical performance
• Trademark for a kombucha logo
• Trademark for the name of a mystical arts shop
• Copyright for a painting
See also patent, which covers scientific inventions. FYI, 100% of patent lawyers must have BS degrees and take a second bar exam.
We know plenty of good patent lawyers, but we don’t handle that, and they generally don’t handle copyright and trademark!
It depends, especially for works that are undergoing revision. During a Fit Call, we would ask if you expect someone to infringe your work, how large your audience will be, and if you’ve recently encountered an instance of infringement and intend to pursue action. If you’re in the middle of writing a screenplay, it might not be the right time to register a draft. If you’re showing a film at a festival, it might be a very good idea to register in advance! If you’ve just caught a major infringement, it’s critical that you register, because there are time limits involved.
Generally, the sooner, the better. However, you can’t just think up Awesome Name or Banger Logo in the shower, apply for a trademark, and sit on your idea forever. You must show actual use of the mark in commerce (best) or a good faith intention to use the mark in commerce (better).
Schedule a consultation with one of our attorneys. (And do not yell at them…yet.)

Contracts

Sure! We regularly review correspondence to see if an informal agreement turned into a more formal situation along the way.
Yep. This is why we want you to use a real contract!
No. In fact, it will likely increase your legal fees, as we will have to rewrite a bunch of inapplicable clauses. The worst disputes we’ve ever seen have resulted from vague contracts downloaded from the internet.

The List

Clients on The List have a fully separate track. They receive a receive priority response to all matters, including ongoing review of legal documents, intellectual property, financial systems, and insurance needs. Service plans include unlimited phone calls and emails, a monthly 30-minute review meeting, and priority project scheduling. We also manage outsourced legal services, consulting with colleagues on your behalf as necessary.
3 month terms at $89/month.

For Students

If you have a specific question about our practice, please email us at hello[at]implementlegal.com.
Sometimes! Send your resume and letter of interest to hello[at]implementlegal.com.
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