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Date: | Mon, 8 Nov 1999 16:20:19 +0000 |
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>In a licensing agreement with someone from another state, does the artist
set
>the agreement to be in accordance with the laws of her own state of
>residence, or those of the Licensee?
It's best for the artist to have the agreement specify the laws in his/her
own
state. If there is a problem and litigation is necessary, the artist will
have
fewer travel expenses, less time spent getting to and from court, etc.
Of course, some states have more artists rights laws than others. But I'd
say the
travel and time issues outweigh the likely benefits of the laws, if it
comes down
to that. If the artist is really lucky, he/she lives in one of the states
with
those laws (like CA or NY) and has the best of both worlds. Note: if the
artist
lives in an area with a Lawyers for the Arts organization, that
organization
probably provides arbitration and mediation services. These services can
be
specified in the contract as the route for resolution, rather than have
any
problem end up in the regular court system.
Lynette
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