Frequently asked questions

Question 1

Who does Akiba Law serve?

Accepted Answer

Akiba Law is built to serve the visionaries who shape culture and commerce. We work with creators, artists, and content producers who are building their personal brands, launching creative ventures, and protecting their intellectual property. We also represent galleries and auction houses navigating the high-stakes world of fine art sales, helping them manage risk, verify provenance, and structure transactions that safeguard their reputations and collections. Beyond the art and creative sectors, we counsel fashion and luxury brands as they scale, from early product development and brand collaborations to supply chain agreements, licensing deals, and enforcement strategies to protect their designs and market position. Startups and growth-stage businesses also look to us for guidance on business structuring, fundraising, strategic partnerships, and commercial transactions. And when disputes arise, we litigate decisively—handling everything from breach of contract and partnership conflicts to intellectual pro...

Question 2

Can you help during a dispute or do you only do deals and contractual work?

Accepted Answer

Akiba Law supports clients through the full lifecycle of their business and creative ventures—whether that means building something new or defending what they’ve already built. While we regularly draft, review, and negotiate contracts to help prevent problems before they arise, we also step in decisively when conflicts surface. Our team handles everything from informal negotiations and strategic settlement discussions to formal mediation and arbitration proceedings, aiming to resolve disputes efficiently while protecting our clients’ reputations and relationships whenever possible. When resolution can’t be reached out of court, we’re fully prepared to litigate. We represent clients in state and federal courts across a wide range of disputes, including contract breaches, partnership and ownership conflicts, intellectual property infringement, and commercial matters. No matter the forum, our approach blends aggressive advocacy with deep industry knowledge, so clients know they have a team that understands bo...

Question 3

Do you take urgent work (i.e., during Art Basel week)?

Accepted Answer

Yes — Akiba Law is equipped to handle urgent, time-sensitive matters, including during high-pressure events like Miami Art Week and Art Basel. We understand that the pace of the art and luxury markets doesn’t always align with standard legal timelines, and opportunities often appear (or unravel) on short notice. That’s why we offer expedited contract review, rapid legal triage, and on-call availability during critical moments, ensuring our clients can seize opportunities without sacrificing legal protection. We are accustomed to working under compressed timelines and navigating complex deals in real time, whether it’s reviewing last-minute exhibition agreements, negotiating collaboration or consignment terms, or advising on high-value private sales and sponsorships. While urgent matters are always subject to availability, we prioritize responsiveness and precision so our clients can move quickly and confidently during their busiest—and most high-stakes—weeks of the year.

Question 4

What are VARA “moral rights”?

Accepted Answer

The Visual Artists Rights Act (VARA) is a federal law that gives certain visual artists special rights over their work even after it’s been sold. These “moral rights” generally let artists be properly credited for their work and prevent changes that could harm their reputation. It’s a way of recognizing that visual art isn’t just property—it’s a personal expression tied to the artist’s identity. That said, VARA applies only in limited circumstances and doesn’t cover every type of artwork or creative project. Its protections are narrow, and artists can even give up (or “waive”) these rights in writing. Because of this, it’s important to understand when VARA applies and how it affects ownership, sales, and exhibitions. We help clients navigate these questions so they can protect their creative work—or manage their responsibilities—when dealing with original art.

Question 5

As a content creator, do I need a contract for brand partnerships?

Accepted Answer

Yes — having a written contract is one of the most important steps you can take when entering a brand partnership as a content creator. A clear agreement spells out each party’s expectations: what content you’ll deliver, when and how you’ll be paid, how the brand can use your work, and any exclusivity restrictions that apply. Putting these terms in writing helps prevent misunderstandings and creates a shared roadmap for the partnership, which is especially critical when your content and personal brand are part of your livelihood. Without a contract, you may be left unprotected if the brand delays payment, misuses your content, or demands work outside the scope of what you agreed to. You could also lose control over how your image or content is used, which can harm your reputation or limit future collaborations. A well-drafted agreement can also include provisions for dispute resolution, indemnification, and ownership of intellectual property, giving you legal leverage if issues arise. We help creators nego...

Question 6

As a jeweler, can I use gemstones or materials described as “lab-grown,” “treated,” or “ethical” without restrictions?

Accepted Answer

Jewelry businesses must be very careful when describing gemstones and materials because the Federal Trade Commission (FTC) closely regulates how such claims are made. The FTC Jewelry Guides set strict rules for how you can label lab-grown or synthetic diamonds, treated gemstones, and metals described as “recycled,” “sustainable,” or “ethical.” For example, lab-grown diamonds must be clearly described as such using approved terms, and you must disclose any treatments or enhancements that significantly affect a stone’s appearance or durability. These rules are designed to prevent consumer deception and maintain transparency in the jewelry market. Even unintentional mislabeling can create serious risks. Overstating sustainability claims or failing to disclose treatments can lead to enforcement actions, consumer complaints, and reputational harm. It can also expose you to legal claims from competitors under unfair competition laws. Because these rules are technical and evolving, it’s important to review market...

Question 7

Can fashion designs be copyrighted?

Accepted Answer

In the U.S., fashion designs receive only limited copyright protection because clothing is generally considered a functional item rather than a purely creative work. Copyright law protects “original works of authorship,” but it does not extend to the overall cut, shape, or construction of garments since these are seen as useful articles. This means that the design of a dress, jacket, or pair of shoes usually isn’t protected as a whole under copyright, which is why copying and “fast fashion” knockoffs are common challenges for designers. That said, certain creative elements related to fashion can qualify for protection. Copyright can apply to original textile prints, surface patterns, embroidered artwork, logos, lookbooks, and campaign photography, as well as graphic elements that are separable from the functional aspects of a garment. In addition, other forms of IP may help protect fashion designs: for example, design patents can cover new ornamental features (like distinctive hardware, trim, or silhouette...

Question 8

Can legal counsel help with art, watches, or jewelry collections?

Accepted Answer

Yes — legal counsel can play a key role in protecting and managing high-value collections like fine art, watches, and jewelry. These assets often carry unique risks tied to authenticity, ownership history, and market volatility. Lawyers can help verify provenance and title before an acquisition, draft or review purchase and consignment agreements, and ensure the proper transfer of ownership without exposing you to hidden claims. This not only helps prevent costly disputes, but also enhances the long-term value and marketability of the collection. Beyond transactions, legal advisors can help structure how collections are insured, stored, and passed down or sold across borders. This includes advising on export and import regulations, navigating cultural property restrictions, and coordinating with customs or tax authorities when works or pieces are moved internationally. They can also help incorporate collections into estate or succession plans so they are properly documented, protected, and transferable. We...

Question 9

Can manufacturers or suppliers claim rights in my jewelry designs?

Accepted Answer

Yes — without clear agreements, manufacturers or suppliers could potentially claim rights in the materials they help create, such as molds, CAD files, or technical drawings. Under default copyright and intellectual property rules, the party who creates a work is often considered its owner unless rights are formally transferred in writing. That means if your factory develops or modifies your designs without a clear contract assigning those rights to you, they might legally retain ownership or claim joint authorship. This can become a major problem if you later try to stop them from producing your designs for others or if you need to enforce your rights against counterfeiters. To avoid these risks, it’s essential that your vendor agreements clearly spell out who owns all intellectual property created in the manufacturing process. These contracts should include IP ownership and assignment clauses, confidentiality obligations to protect your designs and business information, and, when appropriate, exclusivity ...

Question 10

Do I automatically own the rights to my artwork?

Accepted Answer

Yes — under U.S. law, you automatically own the copyright in your original artwork the moment you create it and fix it in a tangible form. This applies to all kinds of visual art, including paintings, sculptures, drawings, photographs, and digital works. Copyright gives you the exclusive right to reproduce, display, distribute, and create derivative works from your art, meaning others can’t legally copy or use it without your permission. However, registering your work with the U.S. Copyright Office can greatly strengthen your protections. Registration creates a public record of ownership and gives you the legal ability to file a lawsuit for infringement. It also unlocks access to statutory damages and attorney’s fees, which can be essential if someone copies your work and you need to enforce your rights in court. We help artists evaluate which works to register and guide them through the process, so their creative rights are protected both on paper and in practice.

Question 11

Do I need a business entity as a content creator?

Accepted Answer

You don’t have to form a business entity to start creating content or working with brands, but doing so can offer meaningful benefits as your platform grows. Operating as a sole proprietor is the default, but it leaves your personal and business finances legally intertwined—meaning your personal assets could be at risk if your business faces debts or legal claims. Forming an LLC or corporation helps separate your personal and business liabilities, giving you a layer of legal protection and helping you build a more formal business structure around your creative work. Having an entity can also make it easier to manage the business side of your career. It allows you to open business bank accounts, sign contracts in your brand’s name, and handle taxes and accounting more cleanly—especially if you have multiple income streams, like brand partnerships, ad revenue, merch sales, or consulting work. On top of that, brands and agencies often view creators with formal business structures as more professional and reli...

Question 12

Do I need a written contract when selling or consigning artwork?

Accepted Answer

A written contract is one of the most important safeguards when selling or consigning artwork. Art transactions often involve high-value pieces, multiple parties, and complex arrangements, so relying on verbal agreements or informal emails can leave room for misunderstanding. A clear contract lays out all the essential terms—such as the price, payment schedule, commissions or fees, delivery and shipping responsibilities, insurance coverage, and how risk of loss will be handled. It also allows the parties to state whether they are making or disclaiming any warranties about authorship or authenticity, which can be crucial if questions about the work arise later. Without a written agreement, parties may end up in costly disputes over ownership rights, condition, authenticity, or unpaid funds, and resolving these issues after the fact can be extremely difficult—especially if the work has been moved or resold. Written contracts not only prevent confusion, they also provide clear evidence of the parties’ intent ...

Question 13

Do I own the intellectual property in the content I post online?

Accepted Answer

In most situations, creators keep the intellectual property rights to the content they post online. If you create an original photo, video, design, or piece of writing, copyright law generally gives you ownership of that work the moment it’s created, even after you upload it to a social media platform or website. This means you can still use, license, and monetize your content however you choose, and others can’t legally use it without your permission. However, posting content online often comes with strings attached. Most platforms require users to grant them a broad license to use, display, distribute, and sometimes even adapt your content while it’s on their platform. These licenses don’t transfer ownership, but they do give the platform wide rights to use your work in ways you might not expect—for example, in ads, algorithms, or promotional campaigns. Because of this, it’s important to review the terms of service for any platform where you publish content. We help creators understand these licenses and...

Question 14

Do I own the work a freelancer creates for me?

Accepted Answer

Hiring a freelancer doesn’t always mean you automatically own the intellectual property (IP) they create. Under U.S. copyright law, the default rule is that the creator may retain ownership of their work unless there’s a written agreement stating otherwise. In practice, paying for a creative project—like a logo, website, or marketing campaign—may only give you a license to use the work, not full legal ownership. The “work-for-hire” doctrine can sometimes transfer ownership at the moment of creation, but it applies only in narrow situations and must be clearly agreed to in writing before work begins. More commonly, ownership is transferred through a written IP assignment that expressly transfers the rights from the freelancer to you. We help clients put these agreements in place so they can be confident they have clear rights to the creative assets they commission—reducing the risk of future disputes and protecting their ability to grow and monetize their brands.

Question 15

How can I protect my luxury brand from counterfeits?

Accepted Answer

Protecting a luxury brand from counterfeits requires both legal rights and active enforcement. The foundation is trademark registration—ideally in all the countries where your products are sold or manufactured. Registered trademarks give you the legal authority to stop others from using your brand name, logo, or other distinctive elements, and they are essential for working with platforms, marketplaces, and law enforcement. Without registered rights, it’s much harder to get infringing listings removed or to pursue counterfeiters through legal channels. Once your trademarks are in place, you can build a proactive enforcement program. This often includes monitoring major e-commerce platforms, social media, and physical markets for suspicious listings, issuing takedown notices to remove infringing content quickly, and coordinating with customs agencies to block counterfeit goods at the border before they reach consumers. Some brands also work with investigators and brand protection vendors to trace counterfei...

Question 16

How can I protect myself when collaborating with another brand or designer?

Accepted Answer

Collaborations can be exciting and creatively rewarding, but they also bring legal and business risks if expectations aren’t documented clearly from the start. A written collaboration agreement helps align both parties by setting out who will own the rights in any new designs or intellectual property created together, how revenue and expenses will be shared, and who has final say over creative and business decisions. It also defines how each party can use the other’s name, logo, or brand elements, which is crucial for avoiding brand confusion or misuse. Without a clear agreement, collaborations often lead to disputes over credit, ownership, or money—issues that can harm relationships, stall projects, and even damage reputations. Questions about who owns what can also create obstacles to future licensing, enforcement, or sales. We help brands and designers avoid these problems by drafting, reviewing, and negotiating collaboration agreements tailored to their goals, so they can focus on the creative side of ...

Question 17

How do we handle non-paying buyers or collectors who default?

Accepted Answer

When a buyer or collector defaults on payment, it’s important to respond promptly and in a way that aligns with your contractual rights. Many sales and consignment agreements give galleries the right to retain possession of works until full payment is made, or to reclaim artwork that has been delivered but not paid for. Depending on the contract terms, you may also be able to charge interest on late payments, withhold future deliveries, or condition further sales on resolving the default. Having these provisions clearly written in your agreements can give you leverage to encourage payment without escalating the dispute. If informal efforts don’t resolve the issue, legal remedies may be necessary. This can include sending formal demand letters, engaging in settlement negotiations, or pursuing litigation to recover the purchase price or the return of the artwork. In some cases, galleries may also have the right to seek damages for breach of contract, including costs associated with storage, insurance, or res...

Question 18

How long does a registered trademark last?

Accepted Answer

A registered U.S. trademark doesn’t have an automatic expiration date—instead, its lifespan depends on ongoing use and maintenance. As long as you continue using your trademark in commerce and meet the U.S. Patent and Trademark Office’s (USPTO) filing requirements, your registration can remain active indefinitely. This makes trademarks different from other forms of intellectual property, like patents or copyrights, which expire after a fixed number of years. However, keeping a trademark alive requires staying on top of periodic filings. Trademark owners must submit maintenance documents at regular intervals to show the mark is still in use. Missing these deadlines can result in losing your registration and the legal protections that come with it. We help clients manage these deadlines, prepare the required filings, and make sure their trademarks stay protected for as long as their brands are in business.

Question 19

How long does copyright protection last?

Accepted Answer

Copyright protection generally lasts for a very long time, but its exact duration depends on who created the work and when it was created. For most individual creators, copyright lasts for the life of the author plus 70 years after their death. For works created by companies or under “work-for-hire” arrangements, the term is different: protection typically lasts for 95 years from the year of first publication or 120 years from creation—whichever expires first. This long period gives authors and rights holders a chance to control and benefit from their work for decades. However, the rules aren’t one-size-fits-all. Older works may fall under different copyright timelines, and certain factors—like whether a work was published with notice or renewed properly—can affect whether it’s still protected. Because of these nuances, it’s important to confirm the copyright status of a work before using, licensing, or selling it. We help clients evaluate copyright terms, determine if a work has entered the public domain,...

Question 20

If I have the domain/handle, do I own the brand name?

Accepted Answer

Owning a domain name or social media handle does not automatically give you legal ownership of a brand name. A domain or handle is more like a digital address—it shows where people can find you online, but it doesn’t grant you exclusive rights to the name itself. Someone else could still register that same name as a trademark and potentially prevent you from using it in connection with certain goods or services, even if you’ve had the domain or handle for years. Trademark rights come from using a name as a brand in commerce and, ideally, from registering it with the U.S. Patent and Trademark Office (or other national trademark offices). Registration gives you formal legal ownership, stronger protection, and the ability to stop others from using confusingly similar names. We help clients take that step by assessing brand names, preparing trademark filings, and advising on proper use to build enforceable rights—so their brand identity is protected beyond just the digital real estate they control.

Question 21

If I hire a freelancer, do I automatically own the copyright?

Accepted Answer

Paying a freelancer to create something for you—like a logo, website, photograph, or marketing materials—doesn’t automatically give you ownership of the copyright. Under U.S. copyright law, the default rule is that the creator of a work owns the copyright, even if someone else paid for it. This means that unless you have a specific agreement in place, the freelancer may retain full ownership and simply grant you an implied license to use the work. That license might be limited, and without clear terms, you could face disputes about how you can use, modify, or distribute the work later on. To secure full ownership, you need to address copyright in writing before or at the time the work is created. One approach is to use a written copyright assignment, which transfers ownership of the work to you once it’s complete. Another option—though only available for certain types of work—is to designate the work as a “work made for hire” in a signed agreement that complies with the legal requirements. We help clients ...

Question 22

What are the different types of copyright licenses?

Accepted Answer

Copyright licenses generally fall into two main categories: Exclusive License: The licensee has the sole right to use the work in the ways described in the license. Even the copyright owner cannot use the work in those same ways during the license term. Exclusive licenses must be in writing and signed by the copyright owner. Nonexclusive License: The copyright owner grants permission to use the work but can grant the same rights to others at the same time. Nonexclusive licenses are more flexible, often used for stock images, music, or software.

Question 23

What contracts should I have when working with galleries?

Accepted Answer

When working with galleries, having clear written agreements is essential to protect your artwork, your rights, and your income. At a minimum, you should have a consignment agreement whenever you deliver work to a gallery for sale. This agreement should outline key terms like the gallery’s commission rate, who controls pricing decisions, how and when you’ll be paid, who is responsible for insurance and shipping, how the gallery will handle accounting and sales reporting, and how unsold works will be returned. Putting these terms in writing helps prevent misunderstandings and creates a record of what’s expected on both sides. Beyond consignment, there are other agreements that may be appropriate depending on your relationship with the gallery. Exhibition loan agreements set the terms when you lend work for display but not for sale. Representation agreements can define the scope of a gallery’s exclusive or nonexclusive right to represent you, including territory, duration, and promotional obligations. We hel...

Question 24

What contracts should we have with artists we represent?

Accepted Answer

If your gallery represents artists, having a clear written representation agreement is essential for setting expectations and avoiding misunderstandings. At a minimum, this type of agreement should outline how consigned works will be handled, what commission rates apply to sales, who controls pricing decisions, and whether your relationship is exclusive or nonexclusive. It should also address each party’s responsibilities for marketing and promotion, how long the agreement will last, and how either party can terminate it. Putting these terms in writing not only protects your gallery legally but also helps build trust and transparency with your artists. Beyond the core terms, a well-drafted representation agreement can also clarify how expenses will be handled (like shipping, framing, or fair participation costs), how sales will be reported and paid out, and what happens with unsold works or inventory at the end of the relationship. It can even include expectations around participation in exhibitions, avail...

Question 25

What does “work for hire” mean?

Accepted Answer

“Work for hire” is a concept in U.S. copyright law that determines who legally owns the copyright in a creative work. Normally, the person who creates a work automatically owns the copyright, but if something qualifies as a work made for hire, the law treats the employer or hiring party as the legal author from the moment the work is created. This most commonly happens when an employee creates a work as part of their regular job duties—such as designs made by an in-house graphic designer or reports written by a company employee. However, the rules are much stricter for commissioned works created by independent contractors or freelancers. Only certain specific categories of commissioned works can qualify as works made for hire, and even then, the parties must sign a written agreement stating that the work will be considered “work made for hire” before the work begins. If those conditions aren’t met, the freelancer usually retains the copyright unless they sign a separate agreement assigning their rights. We...

Question 26

Why does provenance matter in art sales?

Accepted Answer

Provenance is essentially the documented history of an artwork—who has owned it, where it has been shown, and how it has changed hands over time. In the art market, this chain of ownership is one of the strongest indicators of authenticity. A clear and well-documented provenance can confirm that a work is genuine and not a forgery or misattributed piece. Collectors, galleries, and auction houses often view strong provenance as a sign of trustworthiness, which makes a work easier to sell and more likely to command higher prices. Beyond its role in proving authenticity, provenance also helps reduce legal and ethical risks. Works without a clear ownership history may carry unresolved title claims, stolen art concerns, or questions about cultural property violations. Establishing a clean provenance shows that a work was acquired and transferred ethically and lawfully, which is increasingly important in a market that values transparency and compliance. In short, good provenance protects not just the value of an...

Question 27

Why is work-for-hire important for businesses and brands?

Accepted Answer

Work-for-hire agreements are critical because they ensure that the intellectual property created for your business actually belongs to your business. Companies often rely on freelancers, agencies, or contractors to develop key creative and technical assets—like logos, marketing campaigns, product designs, photography, or software. Without a work-for-hire agreement (or a written IP assignment), those creators may retain ownership of the copyrights by default, even though your business paid for the work. This can leave your company with only a limited license to use those materials, not full legal control over them. Clear ownership is essential when it comes to protecting and leveraging your brand. If you don’t legally own your IP, you may run into serious obstacles when trying to enforce your rights against infringers, license your brand to partners, raise investment, or sell the business. Investors, acquirers, and even strategic collaborators often conduct IP due diligence, and unclear ownership can derail...