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Role of a Lawyer
Managing a creative business requires maneuvering through a lot of legal red-tape. Self-employed creative professionals will have contracts that may need to be interpreted by someone with legal expertise. No matter how large or small the creative business, the creative professional would be wise to hire the services of a lawyer.
Type of Lawyer
Creative professionals have specific needs. Most will need a lawyer who is experienced not only in small business law, but in issues such as copyright laws, trademark registration, contract negotiation, and creative property. The internet and other technologies have seen an increase of plagiarism and breeches of licensing. Music professionals are concerned with their work being shared illegally through file swapping.
Contracts
Self-employed creative professionals may need their lawyer only for contract negotiations. Publishers and others who are purchasing the work of the creative professional produce contracts in their best interests, not that of the creative professional. The lawyer will be able to advise the creative professional as to whether or not the contract is worth signing and what, if any, renegotiation needs to be done.
Business Start Up
The creative professional who decides to start a small business will find the most value in having an association with a lawyer. The lawyer will be able to provide legal advice on tax laws, hiring employees, and zoning laws.
Protecting Creative Property
As the small business is beginning, the creative professional and the lawyer will have regular contact. As time goes on, the lawyer’s role in the business will move to the background. Except for drawing up or reviewing contracts, the creative professional may have little interaction with the lawyer.
However, it is good to keep in touch with the lawyer, who should remain apprised of all new endeavors. After the business is up and running, the lawyer’s main role becomes protecting the creative property. This is why it is so important that the creative professional choose a lawyer with a solid background in copyright and trademark laws. The lawyer will investigate concerns of illegal uses of creative property and will advise the creative professional on how to proceed.
One thing that most lawyers do not do is act as an agent for selling the creative work to publishers and other businesses.
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