How artists and musicians can protect their work to make sure it is used in line with their wishes
For artists in whatever field a will can be an important way to protect your artistic legacy and the associated finances, such as royalties. Having a clear will and instructions as to the future use of your work can be critical. It will help avoid confusion, conflict and unnecessary tax. A will can make special provision for the future ownership and management of your work to best secure the artistic legacy and integrity of your creative work in line with your wishes. The Beastie Boys' Adam Yauch (aka MCA) famously expressed in his will his wish that his music should not be used in advertising.
Your will would appoint trustees and executors that you choose to oversee your work after your death. For artistic work such as paintings or sculptures it is important to be clear how the items should be, for example, shown and curated. For music, your trustees will own and manage copyright and other associated intellectual property rights.
Trustees can be given specific instructions in your will or an accompanying letter of wishes to guide them. Instructions on the use of your work should be sufficiently clear so that your trustees know what they are seeking to achieve in preserving your artistic integrity, but at the same time giving them some flexibility. If the conditions attached to works of art are too stringent then it may cause problems in the long term. For example, it may not be possible to exhibit a work of art or share a composition in the way that you would have hoped because technology or curatorial practice has moved on.
Your trustees can be family members, friends or others you trust. They can be the beneficiaries of your estate or independent of them. In a situation such as yours trustees must seek to protect your artistic legacy while carrying out your wishes to, for example, manage and distribute the financial fruits of your work.
In some circumstances it may be right that the ownership and management of the works are passed directly to your beneficiaries (spouse/civil partner, partner, children etc.) and they will then have control, rather than trustees being in charge. In that situation, your beneficiaries will be able to decide what happens with your creative work, unless conditions are attached.
There have been a number of examples where artists have left work to museums, charities and even the nation. As well as certain tax advantages, these can be good opportunities to put in place a robust framework for the future use of work. In such situations it is a good idea to make contact with the recipient early to confirm the basis upon which they would accept the work. That would not stop trustees and family seeking to make arrangements after your death, if appropriate.
It is also very important to remember that having a will is an essential step in ensuring that your wishes are clear after you die, whatever assets you leave behind. When you are dealing with music or works of art that you have created this is even more important. You will also want to ensure that your affairs on death do not create unnecessary or unexpected tax consequences.
Alan Eccles is a partner in the personal & family and charities teams of Brodies LLP. For more information, contact Alan on 0141 245 6255 or at alan.eccles@brodies.com. www.brodies.com
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