Street Smarts: Ownership and Protection for Creatives
Written by Bobbie L.A. Brown, Esq. This article was originally published on UP Magazine on February 20, 2025. Republished with permission.
As the Principal Attorney at LAB Law, PLLC (LAB Law), I work alongside creators in music, film, TV, and visual arts to protect their work and navigate the challenges of an ever-evolving industry. My passion is helping artists thrive—whether it is addressing AI's impact on creativity, negotiating fair licensing deals, or crafting contracts that empower and safeguard their vision.
This article is a starting point—a guide for artists navigating contracts, licensing agreements, and the rapidly changing landscape shaped by AI, NFTs, and shifting ownership rules. While not comprehensive, it offers practical insights to help you take control of your rights and build a future where your creativity leads the way.
Your art is your legacy. Protect it.
In a world transformed by AI and advancing technology, ownership rules may shift, but one truth holds steady: your creative vision needs protection!
Thanks to the U.S. Copyright Act of 1976, most art is automatically protected if original, tangible, and shows even modest creativity. These protections last your lifetime plus 70 years, but do not cover everything. Copyright applies only to finished works—not ideas, methods, or processes—and will not secure your moral rights.
AI-generated art is changing the game and blurring copyright boundaries. Under current guidelines, works created entirely by AI without human input are not eligible for copyright.
That raises big questions:
Who owns the rights when AI is part of the process?
What happens when AI mimics your style or uses copyrighted material for training?
As the rules catch up, staying ahead means being informed and proactive. But here is the catch: copyright alone will not suffice. Contracts are one of your best tools for controlling how your art is used, credited, and valued.
The Art of the Contract
Contracts act as a safeguard against unexpected complications, much like ensuring systems run smoothly. Without clarity in agreements, artists risk facing issues that could disrupt their creative process or rights. Photo by Bobbie L.A. Brown
Contracts are the blueprint for turning your art into power moves.
Imagine a street artist commissioned to paint a mural for a trendy restaurant. Without a written agreement, the artist completes the work only to find the mural reproduced on merchandise—without permission or payment. An explicit, written agreement could have avoided this, defining ownership, usage, and compensation upfront.
Contracts are bargained-for agreements—a mutual exchange of promises between two or more parties. A valid contract requires three key elements: offer, acceptance, and consideration.
There is no enforceable contract without consideration—something of value, such as services, money, goods, or promises. For example, a gallery might commission a digital artist to create a series of pieces, offering a flat fee, exhibition opportunities, or promotional support in exchange for the completed artwork. This exchange forms the basis of a binding agreement.
Pro Tip: If promotional opportunities replace full payment, quantify the value. What would the artist and the gallery pay for the same exposure? Does this align with your standard commission rate?
Understanding the key elements of a contract is just as critical. These components help form the foundation of strong agreements that protect your rights and ensure successful collaborations.
Key Contract Elements
· Scope of Work
o Define your deliverables in detail. Specify what’s required, how it will be presented, and when.
o Vague terms are risky, and unwritten agreements are nearly impossible to enforce.
· Payment Terms
o Know the specifics of when and how you’ll be paid.
Are payments upfront, tied to milestones, or upon completion?
Are royalties or profit splits involved?
What are the deadlines or penalties for late payments?
Pro Tip: Money disputes often break creative relationships. Clear payment terms preserve fairness and trust.
Timelines
Set clear deadlines and milestones for project completion. Ensure they are realistic without sacrificing quality.
Termination Clauses
Every contract needs an exit strategy.
Define the terms for ending the agreement early or due to breaches,
Outline the consequences to protect both parties.
Intellectual Property Rights:
Ownership is everything.
Contracts must specify whether the artist retains intellectual property rights and under what conditions the work can be reproduced or sold.
Learn from KAWS, who transitioned from street art to global success by crafting licensing deals with brands like Dior and Uniqlo. These agreements let him retain creative control while earning revenue.
Pro Tip: Beware of clauses that over-commercialize your work or dilute your brand.
Licensing and Collaboration Agreements: Protecting Usage Rights
Joyce J. Scott's Garden Ensconced (2024), exhibited by Goya Contemporary Gallery, exemplifies the importance of protecting intricate works through robust licensing agreements that maintain artistic integrity and control. Photo by Bobbie L.A. Brown
Licensing agreements are critical tools for artists in a world reshaped by technology. Specifying royalty structures, usage limits, or sublicensing rights in your contracts can safeguard your income and prevent unauthorized use.
Maya Hayuk’s lawsuit against Starbucks for using her work without proper licensing highlights how clear agreements protect creative control.[A2]
Pro Tip: Include detailed licensing clauses in your contracts, specifying usage rights, duration, and compensation. Clarity is your most substantial protection!
Licensing is a complex area that continues to evolve with AI adaptations and digital platforms. These nuances deserve further exploration, which we will cover in future discussions.
Special Considerations for AI Collaborations
Street art’s public nature and advancing technologies like AI pose unique challenges. Brands can use AI to adapt murals into ad campaigns or digital works without consulting the artist, a situation where contracts alone may not suffice.
Similarly, NFTs (non-fungible tokens) have redefined how digital art is bought, sold, and monetized. While they offer opportunities for artists to reach new audiences, they also present risks. From unclear royalties to unauthorized use, navigating this space requires a strategic approach to licensing and copyright protections.
Emerging technologies present challenges, but the foundation of every artist's protection starts with clear agreements
Consider these essentials when working with AI:
• Ownership: Define intellectual property rights for any AI adaptations.
• Reproduction: Set clear limits on AI-generated replicas or modifications.
• Attribution: Ensure proper credit and control over how your work is represented.
Pro Tip: Think ahead. Your agreements should include clauses addressing growing technologies like
AI and NFTs, specifying how your work can be used unexpectedly.
Essential Agreements for Visual Artists
As an artist, you will encounter various agreements throughout your career. Understanding their purpose is the first step to protecting your rights and keeping collaborations on track.
Here are a few:
Public Art Commission Contracts: Set terms for creating works in public spaces, covering design, maintenance, and ownership. For example, Adidas’s murals for Run-DMC didn’t just celebrate hip-hop—they painted the streets with cultural pride, blending public art with brand storytelling.
Mural Agreements: Address location, duration, and reproduction rights for mural projects.
Site Licenses or Permits: Grant legal permission to create art in specific public or private spaces.
Commission Agreements: Specify scope, deadlines, payment, and ownership for custom work, ensuring expectations are clear for both artist and client.
Collaboration Agreements: Define roles, contributions, and intellectual property rights in shared projects, clarifying ownership and usage.
This mural in Panama City underscores how public art often reflects cultural and social movements, highlighting the importance of protecting attribution and context. Photo by Travis Sylvester @Civilartsfair
Pro Tip: Contracts can be intricate, and every creative project is unique. Consulting with an attorney ensures your agreements are tailored to your needs and effectively protect your rights.
These elements are not just about paperwork—they are your blueprint for smoother collaborations and a thriving creative journey. You will protect your work and empower your future by nailing the details upfront.
Final Thoughts
Contracts are your hustle, your protection, your power. They turn vision into ownership, ensure control, and—most importantly—get you paid.
Art remains a movement, a multibillion-dollar game-changer shaping cities, brands, and culture. From Adidas’s Run-DMC murals to Absolut’s collaborations with Ron English, the message is clear: your art matters!
Own it. Protect it. Make it work for you.