June 2009 Archives

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Artists get a lot of leeway in business law and tax law.  We won't mention that some of that leeway is due to ignorance (e.g. "I don't know how you do it, but we want you to make some of that magic you do.") but that's okay.  It makes up for some of the hobble-de-hoy we have to deal with, like customers who love the work but can't afford to pay for it and expect to take it anyway.  Every now and then, employers and clients attempt to strong-arm their creatives, using various scare tactics and threats to keep us from displaying our work in a portfolio or online.  Now, if you display that ad you designed for XYZ sport drink to sell sport drinks; then you are violating all kinds of laws.  But if you display that ad because you are trying to get more advertising work, then the law is on your side and no one can stop you.  EVEN if you were an employee when you created it, you are allowed to display that ad under your name (e.g. on your website) as long as you don't contact your employer's client and try to steal the business. If you call the client with intent, you are violating torte law, committing tortious interference (or as one pompous git said while his call was being recorded, "Don't tell Susan I called because what I'm doing is called torturous interference [sic]."  Don't do it.