Legal Question in Business Law in Massachusetts
I'm starting a small business selling local art. I have no insurance. Is there a simple waver I could have artists sign, to protect myself?
1 Answer from Attorneys
If you are selling paintings or lithographs for an artist, you need an agreement with them authorizing you to sell the art and the terms upon which you are selling the art. Included in the agreement should be certain representations and warranties such as it is their work and they did not violate anyone else's copyright or trademark. If you are purchasing art from and artist and reselling it, once you buy the art from them and pay for it, what you sell it for online is irrelevant so long as their is no restriction by the seller on if and how you can sell the art you purchased. If you are buying the right to make copies of a painting such as unsigned poster art, then you need a different form of agreement.
Please feel free to contact me if you have more questions.
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