The law provides protections for those who create works of artistic and entertainment value. This section, based on a combination of federal and Illinois law, discusses the basic rules for protecting creative works.
There are two basic protections for those who create artistic works.
Contracts. The first method for protecting artists, entertainers, and athletes is the contract. The three elements of a valid contract are an offer, an acceptance of the offer, and consideration given in the exchange. For example, if a baseball team offers a shortstop a contract, and he accepts it, a valid contract is created. The consideration given by the shortstop is his promise to provide his services exclusively to the team; the consideration the team provides is the money they will pay for his services.
If the party that contracted with an artist, entertainer, or athlete failed to him or her, the artist, entertainer, or athlete could file suit under the contract to collect the money due. The point is that it is the contract that protects the artist rather than a state or federal law.
Intellectual property law. The other method for protecting artists is intellectual property law, which provides legal protections to those who create something unique that has value in need of protection. Intellectual property law includes copyrights, patents, trademarks, and trade secrets.
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