Meeting with a Lawyer at the End of the Month

[girlymcnerdy]

Hey guys,

I'm meeting with a lawyer at the end of the month. I'll have about an hour to get really get some answers to my questions and thought I'd see if any of your smarties have any suggestions to add to my list.

Quick About My Business:

It's brand spankin' new. So I am currently working to figure out the basics of a Startup. (I've been a Startup before, but it's been almost 10 years since that time...). The business is company that will commission art from up and coming artists. I am still debating on whether I should buy the rights to the pieces for future use, or get royalties from the work I make the sales with the artist retaining the copyright. We will work to promote the individual artists, but also make sales by working with top notch printers and framers. These will be high end pieces, not your regular posters.com kind of work.

I am looking to make this into more of a gallery type business with revenue coming from a limited edition (or specific sale end date) sale model. I know the art industry. I've been a highly published artist in the photography field for over 10 years, so my taste and artistic eye are tops (of course taste varies for each buyer...so I will be selling to a niche market.)

The posters will be commissioned and produced based on collaboration with the artist. My company will provide the basics behind the poster that needs to be produced, and we will leave the art up to the artists' discretion.

Here are the questions I have so far:

What type of business should this be?

How do we go about drawing up a contract between us and the artist?

What is more beneficial...paying a lump sum for the artwork and the rights to use it whenever we see fit? or paying the artist a royalty fee as we sell the work (this would be negotiating with the artists again if we decide to do a second print run or print other merch)?


I feel like there is a ton more I need to be asking!! I am meeting with the lawyer on March 27th, so I've given myself time to make sure I get as many questions in front of him as possible.

Any suggestions you can throw my way would be awesome!

[BizAdvisor]

I suggest you operate your business as an LLC for the simple fact that you are dealing with intellectual property.

[girlymcnerdy]

I figure that will be the response from the lawyer. Thanks Bizadvisor! If you have any other suggestions for me I would love to hear them!

[BizAdvisor]

There are a few things you may want to ask your Lawyer about that may be helpful in your line of work: Takeover agreements, licensing agreements, and the relationship between copyright holders (You) and claimants (the Artists).