Frequently Asked Questions
Working with us
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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
Intellectual property specialists (like us!) 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 anytime 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, intellectual property lawyers are crucial participants in estate planning for artists. It’s important to consult a lawyer who understands the intricacies of planning for artworks and intellectual property.
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You can find an extensive walkthough here: Our Process. If you are joining The List, you also receive special instructions for priority access.
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You can find information about our rates on this page: Fees
Paid consultations are billed once at the time you schedule. We bill flat-fee service packages in up to two 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.
You can read more about how we charge for our services here: How We Charge for Legal Services -
Yes! Peronally, we love racking up AmEx points, but we accept all major credit cards through Stripe and LawPay.
About us
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Collectively, two decades of experience. We have helped thousands of clients. You can read more about us under Who We Are.
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Our specific areas of expertise include:
Copyright registration, maintenance, infringement, and enforcement.
Trademark registration, maintenance, infringement, and enforcement.
Patent applications, maintenance, infringement, and enforcement.
Website terms and conditions, privacy policies, and other required statements.
Specialist advice 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.
Mergers and acquisitions for small creative businesses.
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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 merger is affected by a 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.
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We routinely update outdated or insufficient legal documents and strategies. Schedule an Initial Consultation to learn more!
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Katherine is sometimes available for academic and professional conferences, university guest lectures, and podcast interviews. Tell us more at hello[at]implementlegal.com!
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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
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Intellectual property is an intangible right to a tangible creation.
Examples include:
Copyright for song lyrics
Copyright for a painting
Trademark for a kombucha logo
Trademark for the name of a mystical arts shop
Patent for the curvy Coca-Cola® bottle shape.
Patent for the LEGO® Minifig
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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.
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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).
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Schedule a consultation with one of our attorneys. (And do not yell at them…yet!)
Contracts
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Sure! We regularly review correspondence to see if an informal agreement has become a more formal situation. Schedule a consultation or reach out at hello[at]implementlegal.com
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Yep. This is why we want you to use a real contract!
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Actually, it would likely increase your legal fees. Large language models write contracts with quotidian provisions, and LLMs tend to include out-of-date details. A solid intellectual property contract requires clauses that aren’t common and up-to-the-minute knowledge of niche legal case. We find that rewriting a contract drafted with AI takes twice as long as writing it ourselves.
The List
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Clients on The List have a fully separate service track. These clients receive a priority response to all matters, including ongoing review of contracts, intellectual property, financial systems, and insurance needs. Service plans include unlimited phone calls and emails, and priority project scheduling. We also waive fees for Attorney Q&As and Project Consultations.
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$89/month with a 3-month commitment. New clients must schedule Loops and Leaps or a Project Consultation prior to enrollment.
For Students
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If you have a specific question about our practice, please email us at hello[at]implementlegal.com.
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Sometimes! Send your resume and letter of interest to hello[at]implementlegal.com.
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Sign up for our newsletter to hear about job openings. We announce positions there before we post to public forums!
CONTACT US
CONTACT US
Don’t see your question here?
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