Transactional Drafting: Secondary Resources and Practice Materials, with an Emphasis on Art Law
Treatises, Texts, Practice Guides and Forms
Introduction
Students encountering their first legal drafting assignments will find significant help from secondary sources of legal authority. Secondary resources comment, analyze, explain or describe the law and are excellent research tools for accessing primary source materials. Their use provides background in areas of the law that may be unfamiliar to the researcher, informed commentary on issues of first impression, and efficient starting points for finding relevant primary authority. Practice-oriented secondary sources offer such aids as forms and checklists for completing typical legal transactions.
This guide highlights some of the major print and electronic resources available to Cleveland Marshall College of Law students for drafting legal transactions with particular reference to Art Law issues. Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for help with locating or using any of the resources discussed in this guide.
I. GENERAL SECONDARY SOURCES:
If you need a review of legal concepts, principles and terminology pertinent to your drafting project, remember the comprehensive secondary sources such as:
A . Encyclopedias, Annotations, Restatements:
American Jurisprudence 2d Reference KF 154 .A422 Westlaw (AMJUR ) LexisNexis ( AMJUR )
Corpus Juris Secundum Reference KF 154 .C672 Westlaw ( CJS )
American Law Reports Reference KF 132 .A5 (1st) KF 132 .A52 (2nd) KF 132 .A53 (3rd) KF 132 .A43 (4th) KF 132 .A55(5th) and American Law Reports Federal - (ALR Fed) Reference KF 132 .A47 Westlaw ( ALR ) – ALR 2nd – 5th and ALR- FED
Restatement of the Law, Second--Contracts 2d (American Law Institute, 1981-) Reference KF 801 .A82 1981 ; Restatement of the Law, Second: Agency 2d (American Law Institute, 1958 - ) Reference KF 1345 .A75 1958 Westlaw ( REST ); LexisNexis (RULES, CITES )
B. Annotated Codes:
If there is a pertinent governing statute, check the annotation for citations to practice guides and forms, as well as applicable implementing regulations. For example, see 17 U.S.C.A. Sec. 106A for citations to forms, treatises and practice aids related to this statute.
C. Law Reviews, Association and Practice Periodicals, Newspapers, Newsletters:
See Finding Articles in Law Reviews, Journals and Other Periodicals on the Law Library’s web site for a comprehensive list of indexes and full text electronic sources available to CM law students. Law journals and practice periodicals, particularly in the subject field at hand, may have pointers for transactions dealing with new legal developments. See, for example Cardozo Arts & Entertainment Law Journal , The Columbia Journal of Law & the Arts , Journal of Art & Entertainment Law
D. Contract Law Resource Guide:
Review the basics of contract law as necessary by consulting the resources and tutorials listed in our Contract Law Resource Guide.
II. TREATISES, TEXTS, PRACTICE GUIDES AND FORMS :
Treatises and texts include single and multivolume scholarly books, hornbooks, handbooks, manuals, looseleaf services, practice guides and form books. Use the library's catalog SCHOLAR to locate relevant treatises, texts and practice materials. Subject headings to search for texts particular to art law include: Law and Art , Art Protection , Artists' Contracts, Artists Legal Status - laws, etc., Copyright Art, Performing Arts - Law and Legislation , Theater - Law and Legislation
A. General Practice Guides and Forms :
American Jurisprudence Legal Forms 2d (West Group, 1971 - ) Reference KF170 .A542 Westlaw ( AMJUR-LF )
Alphabetically arranged multi volume set of legal forms, with a detailed index updated annually. Each volume contains form drafting guides, text discussion, notes on use, and sample forms. Provides references to West Key Number System and American Jurisprudence 2d. See, for example, Chapter 72. Copyright and Literary and Artistic Property IV. Exploitation of Works of Art B. Sale or Consignment of Original Art Work § 72:154. Consignment agreement--Sale of original art work
West’s Legal Forms (Thomson/West , 1981-) Reference KF170.W47 Westlaw ( WEST-LF )
Provides forms, commentary, analysis, and checklists for drafting transactional documents. Covers areas such as: Business Organizations, Debtor-Creditor Relations, Elder Law, and Service Agreements. Includes index and table of statutes and rules. References to West's Key Number System . See for example, Agents & Independent Contractors , Part I. Agents Chapter 3. Agency Forms C. Artists, Dealers and Collectors of Art 1. Drafting Checklists § 3.121. Consignment to gallery
Nichols Cyclopedia of Legal Forms Annotated (West Group, 1936 –) Atrium level KF170 .N5 For current edition, see Westlaw (NICHOLS-LF ) See, for example, Artists, Dealers and Collectors of Art III. Research and Drafting Aids § 1.3315. Drafting checklist--Consignment to gallery
National Transactional Forms - Westlaw ( TRANSFORMS ) National Transactional Forms combines the national transactional forms from the following databases: West's Legal Forms, Nichols Cyclopedia of Legal Forms Annotated, and American Jurisprudence Legal Forms 2d.
B. State Specific General Form Sets
Ohio Forms and Transactions: OFT(West Group, 1989 - )Reference KFO 68 .S94 Also, Westlaw ( OHFT )
Civil transaction forms in a three volume set; updated annually. Forms include alternative or optional language to aid in revising documents.
Couse's Ohio Form Book 6th ed. rev. & updated (Anderson Publishing Co., 2003 - ) Reference KFO 68 .C65 Also, Lexis (OHFORM )
Three volume topical arrangement covers the following areas: Business Law, Commercial Transactions, Domestic Relations, Estate Planning and Probate, Professional Relationships, and Real Property. .
Ohio Transaction Guide: Legal Forms (Lexis Publishing /Matthew Bender, 1975 - ) Reference KFO 213 .A65 Also, Lexis ( OHTRAN )
Provides research tools, analysis, practice tips, checklists, and forms pertaining to business entities, wills, trusts, real estate, commercial, and personal transactions. Looseleaf, is updated twice a year.
C. Subject Specific Practice Guides and Form Sets: A few of the texts, guides and form sets most relevant to transactional drafting in art law include the following:
Lindey on Entertainment, Publishing and the Arts: Agreements and the Law 3d ed. (Thomson/West, 2004 - ) Atrium level KF2991.5 .L52 Also Westlaw ( LINDEY )
“… comprehensive set of forms and incisive commentary and advice to guide the practitioner through key contractual phases of business dealings in every area of entertainment, publishing, and the arts. Also included is a section on legal developments and practice-tested agreements and clauses that will assist in drafting solid contracts in every area of entertainment, publishing, and the arts” See, for example, Chapter 16. Art Work I. Introduction § 16:2. Nature of art work transactions
Nimmer on Copyright: A Treatise on the Law of Literary, Musical and Artistic Property, and the Protection of Ideas (Bender, 1963- ) Atrium level KF2991.5 .N5 1978 Also LexisNexis ( NIMMER ) See, for example, Ch. 28 – Fine Art § 28.02 Sales
J. Darraby, Art, Artifact & Architecture Law ( West Group, 2006) Atrium level KF4288 .D37 2006 Also Westlaw ( ARTARCHLAW )
" Subjects covered include the fundamentals of art law, trade practices, valuation and appraisal, the Uniform Commercial Code, auctions, international trade, copyright, trademarks and unfair competition, artists' rights, fundamentals of exhibition and display, art fraud, multiples, archaeology and artifacts, historic preservation, and conservation. ”
R. Lerner, Art Law : The Guide for Collectors, Investors, Dealers, and Artists , 3d ed.(Practising Law Institute, 2005 ) Reference KF4288 .L47 2005 Also Westlaw ( PLIREF-ART ) Also LEXIS (ARTLAW )
"covers the artist-dealer relationship; commercial aspects of buying and selling artwork through a dealer or at auction; protection of artists' rights, including copyright interests, moral rights, resale rights, and freedom of expression; appraisals; museum interests; and tax and estate planning issues faced by collectors and artists, including income tax liability and gifts to charitable organizations.” See, for example, 1 App. 1-1 Part One: Dealers Chapter 1: Artist-Dealer Relations Appendix 1-1: ARTIST CONSIGNMENT WITH SECURITY AGREEMENT
L. DuBoff, ed., The Deskbook of Art Law , 2d ed. (Oceana, 1997 - ) Atrium level KF4288 .D82
Two volume looseleaf covering issues involving the work of art, support of art by government and private sources, collectors, artists’ rights, museums.
L. DuBoff, Art Law in a Nutshell 4th ed. (West Group, 2006) Reserve, AO66 KF4288.Z9 D8 2006
R. S. Kaufmann, ed., Art Law Handbook ( Aspen, 2000 - ) Atrium level KF4288 .A948 2000
T. Crawford, Legal Guide for the Visual Artist 4th ed. (Allworth Press, 1999) Atrium level KF390.A7 C7 1999
G. Victoroff, ed. The Visual Artist's Business and Legal Guide (Prentice Hall, 1995) Atrium level KF390.A7 V57 1995
T. Crawford, Business and Legal Forms for Fine Artists , 3d ed. (Allworth Press, 2005) Atrium level KF390.A7 C68 2005
T. Crawford, Business and Legal Forms for Graphic Designers , 3d ed. (Allworth Press, 2003) Atrium level KF390.A7 C69 2003
T. Crawford, Business and Legal Forms for Photographers , Rev. ed. (Allworth Press, 1997) Atrium level KF2042.P45 C73 1997
III. WEB-BASED RESOURCES
Always evalaute form sources you find on the web with the same criteria you apply to other types of web information in terms of authority, reliability, bias and commerical purpose.
Findlaw Forms (http://forms.lp.findlaw.com)
Features include Findlaw resources (sample corporate deals), web guide for forms collections and indexes, and state tax forms.
Internet Legal Research Group Legal Forms Archive
Form archive includes 11 categories of forms from which to choose. Areas such as credit & collection, leases & tenancies, and transfers & assignments are among the topics available.
CORI: Contracting and Organizations Research Institute The CORI K-Base is a growing Knowledge Base of Contract information, featuring a library of executed contracts and contract forms for a wide array of transaction types and industries.
Volunteer Lawyers for the Arts Resource List
Graphic Artists Guild Contract Monitor Includes sample letter of agreement, tips on negotiating a contract and analysis of actual contracts in its Contract Archive.
Free Art Contracts from Cigur’s Chimera Gallery
Art Law Library IPG Art Law Center (fee based)
JRN 10/2007