Features

Wisconsin lawyers are a creative bunch. Meet the artists – or lawyers who represent them – whether they are painters, actors, writers, filmmakers, musicians, or involved in some other creative endeavor. We hope you enjoy the mix of creativity showcased here.

By Dianne Molvig

Contracts for Creative Works

Lawyers who practice “arts law” represent individuals and entertainment-industry businesses but also any business that uses visual images – and other types of creative works – on its products or as part of its marketing or advertising. This article identifies the key considerations for individuals who create art and businesses that buy, commission, or use visual images.

By Elizabeth T. Russell

Appropriation as Art: The Arts and Copyright Fair Use

Imitation can be the trigger for a copyright-infringement lawsuit. This article discusses the copyright fair use doctrine – and several recent notable decisions in which courts applied the doctrine to artists’ and entrepreneurs’ creation of works using cutting-edge electronic techniques.

By Jennifer Gregor & Mark W. Hancock

Representing Creatives – In Life and After

Intellectual property can be a significant element of a person’s estate, and for artists, that intellectual property likely will be copyright. For lawyers advising clients, identifying, and cataloging property consisting of copyright is particularly important – and challenging.

By Elizabeth T. Russell

Opinions, Voices & Ideas

Editor's Note
A Focus on Lawyers and the Arts
This special focus issue, says editorial board member Douglas Frazer, is a reminder of the many ways lawyers add to, complement, and support the arts – making the fabric of our communities and society so much better for it.

President's Message
New Lawyers Pave the State Bar’s Path
Ralph Cagle says the State Bar is mentoring young lawyers as they step up to take leadership roles.

Your State Bar
From Change Comes Opportunity
It’s time again to recognize those lawyers who are responding creatively to change. George Brown invites your nomination for the 2016 Legal Innovators Awards.

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Court Filings: New Rules to Protect Confidential Information in Wisconsin Court Records
The Hon. Gerald P. Ptacek and Marcia Vandercook explain the supreme court’s new rules, effective July 1, 2016, to protect sensitive information in court records.

Ethics
Handle Privileged Lawyer-client Information with Kid Gloves
Dean Dietrich says lawyers risk violating ethics and evidence rules when they accidentally see an opposing party’s communications with counsel.

On Balance
Spark Your Practice with Regular Doses of Creativity
Lawyers need not play an instrument or paint landscapes to benefit from adopting the habits of artists and other highly creative individuals, says Paula Davis-Laack.

Managing Risk
Help for Hanging Out Your Own Shingle
Tom Watson identifies some of the challenges and rewards when going solo, and lists State Bar resources for starting a solo practice.

Final Thought
The Power of Stories: Finding Patterns in Puzzles
Michael Bowen says storylines can help us understand baffling situations, such as changes in how law is practiced, and figure out how to maintain one’s continuum between professional and personal satisfaction.