Nonprofit wizards say this all the time: Update your bylaws.
That’s good advice.
They describe the nonprofit’s bylaws as its “roadmap” or its “playbook.”
Also true.
Here’s what I have to add.
The bylaws are not the bottom line. The
Law Office of Elizabeth T Russell LLC
The Law Office of Elizabeth T Russell LLC is a legal practice specializing in arts and entertainment law, copyright law, and related intellectual property matters. The firm provides analysis and commentary on legal issues affecting artists, including contract fairness, copyright registration, and moral rights under statutes like the Visual Artists Rights Act (VARA). It addresses practical concerns for artists and legal professionals, such as the implications of copyright registration, fair use disputes, and the drafting of agreements for public art commissions. The office also discusses litigation and legal principles relevant to creative works and estate considerations, emphasizing the importance of informed legal advice in these areas.
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The Noise Over AI-Impersonation
AI-generated impersonation is real, and it’s a problem. No question.
The legal challenge is identifying existing bodies of law to support claims and provide meaningful remedies. Copyright? Contract? Unfair competition? Privacy? Publicity? Kind of, but none of those fit the…
Living Trust Myths
Copyright: New Group Registration Option for 2D Artwork
The Copyright Office has implemented a new registration option called Group Registration of Two-Dimensional Artwork (GR2D). It may be used to register between two and twenty works of two-dimensional art.
There are requirements:
1. The works must all have been…
Arts and Entertainment Law: Attorney as Manager?
If only you could get ethics credit for reading this post.
For years, the estate of Leonard Cohen has been embroiled in litigation involving Cohen’s former attorney-turned-manager, and the law firm that allegedly forged trust documents in order to bestow…
Copyright Is Not A Verb
If you’re in a rush, that title is all you need to know.
If you crave explanation, here it is.
One does not “copyright” (verb) one’s work. Copyright rights attach automatically, when sufficiently original works of authorship are fixed in…
Second Circuit: VARA Permits Building Owner To Hide Visual Art
Kerson v. Vermont Law School, Inc. (2023 WL 5313521, 2d Cir. August 18, 2023)
Artist Samuel Kerson painted two large murals directly onto the walls inside a building on the campus of Vermont Law School. Kerson intended the works to…
US Supreme Court: Warhol Foundation’s Use of Prince Photograph Not Fair Use
In 1981 Andy Warhol used a photograph made by Lynn Goldsmith as reference for an illustration of the musician Prince. Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the…
US Copyright Applications: Not As Simple As You Think
Have you ever convinced yourself that something is simple…just because you want it to be simple?
You’re not alone. In the context of applications for US copyright and trademark registration, people decide every day that do-it-yourself (DIY) is an…
Fighting Back Against Data Scrapers
During these joyous holiday times, thoughts turn to peace on Earth, goodwill toward all and, of course, data scraping.
The United States Supreme Court is presently deciding whether to review a Second Circuit case that gave Google a free…