Are you unsure if you should send your client a proposal or a contract? Contracts and proposals have very different purposes, so the secret to knowing which one you should send is figuring out why you are sending it. By the end of this podcast, you’ll know: 1️⃣ When you should send a proposal 2️⃣ When you should send a contract 3️⃣ The limited circumstances you can combine them into one document RESOURCES & LINKS MENTIONED: *Get access to the FREE “How to write a contract” resource here: https://theartistsjd.com/drafting-contracts-for-creatives/ *Join us in the artist’s Courtyard and get instant access to the “How to write a contract” course: https://theartistsjd.com/contracts-master-workshop/ *Do you need to send a “formal” written contract? Watch why my answer is “nope!” here: https://theartistsjd.com/legalese-optional/ Head here to read the full post, listen to an audio-only version, and learn more: https://theartistsjd.com/proposal-vs-contract/ -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

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Proposal or Contract: What's the difference and which should you send?

Does your business need to file for a doing business as (dba), fictitious business name (fbn), assumed name, or trade name? Stop wondering and learn when you need one and why you’ll want to get one (hint: ???) By the end of this podcast you’ll know: 1️⃣ What a DBA is and isn’t 2️⃣ 3 times you’ll need a DBA 3️⃣ Why you want to get one (even if it’s a hassle) 4️⃣ How to get one RESOURCES & LINKS MENTIONED IN THIS PODCAST: *How to decide if you should have multiple brands or businesses in the same LLC: https://theartistsjd.com/multiple-projects-same-llc/ *Watch the FREE workshop to learn about the 5 must-do tasks here: https://theartistsjd.com/must-do-legal-tasks-creative-biz-webinar/ *Join us in the artist’s Courtyard and get instant access to the 5 must-do tasks course: https://theartistsjd.com/5-must-do-course/ *Learn how to pick a business name that won’t land you in legal hot water: https://theartistsjd.com/renaming-business-trademark-search/ *Head here to read the full post, listen to an audio-only version, and learn more about DBAs: https://theartistsjd.com/need-dba/ -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Do I need to get a doing business as (DBA) for my website?

Congrats! You've been approached to illustrate a book. But now you start to worry about copyrights. Will you own the copyright in your illustrations? How do you keep them? How might you lose them? The short answer is the copyrights are yours! Unless one of three things happen: 1️⃣ you work as an employee and illustration is part of your job 2️⃣ your illustration contract contains a work-for-hire clause 3️⃣ your illustration contract contains an assignment clause Head here to read the full post, watch the video, and learn more about my copyright registration course: https://theartistsjd.com/book-illustration-copyright/ -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

How do I keep my copyright when illustrating a children's book?

The reason that most creatives hate contracts is that many contracts are 20-pages long and stuffed with legal jargon. But did you know that your contract doesn’t have to look like that to be valid? Listen to this episode to learn what is required for a contract to be valid. The short answer is only three things are required to create a valid contract: 1️⃣ an offer 2️⃣ acceptance of the exact offer 3️⃣ exchange of things of value Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/legalese-optional/] (https://theartistsjd.com/legalese-optional/) -- -INSERT ADDITIONAL LINKS -Leave a question or sign up to vote on future episodes here: [https://theartistsjd.com/ask-kiff/] (https://theartistsjd.com/ask-kiff/) -Facebook: [https://www.facebook.com/theartistsjd/] (https://www.facebook.com/theartistsjd/) -Instagram: [http://instagram.com/theartistsjd] (http://instagram.com/theartistsjd) -Pinterest: [https://www.pinterest.com/kiffaniestahle/] (https://www.pinterest.com/kiffaniestahle/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Do I have to give clients a formal written contract?

I’d say that 90% of the giveaways I see on Instagram aren’t legal. In fact, when I see one that is legal it stands out. So how do you make your giveaway legal? Listen to this episode to learn! The short answer is that you are going to follow these five steps: Decide the purpose and how will you pick the winner Decide if you will be using social media to host or promote your giveaway Create a free way to enter that has the same chances of winning (if picking a random winner) Create the rules of your giveaway Promote and host your giveaway Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/how-host-giveaway/] (https://theartistsjd.com/how-host-giveaway/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

How do I host a legal giveaway?

Almost every creative business owner will sign a contract they later regret. But how can you limit your chances of this happening? Listen to this episode! The short answer is that you are going to answer one question, “If everything goes haywire, will signing this contract help my business, hurt it, or leave me relatively in the same place?” Of course, to answer that question, you’ll need to understand exactly what the contract says. And which of the contract sections will be enforced in your state. Read the show notes, watch the video version, or get details on how your state treats non-compete clauses visit: [https://theartistsjd.com/non-compete-clauses/] (https://theartistsjd.com/non-compete-clauses/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Are non-compete clauses enforceable?

Nervous and scared to post your work online because you are afraid it will get copied? How can you protect your online content? Watch this video to learn! The short answer is the only way to protect your online content, is by not posting it. But this is an unrealistic answer. Because in most cases, you HAVE to post online to run a successful, thriving business. But rather than using a watermark, I suggest you protect your content by doing five things: -register your copyrights -reduce accessibility -monitor your content -take action when necessary -trust in your ideal client or customer Read the show notes, listen to an audio-only version, or get details on how to do each of these things here: [https://theartistsjd.com/protect-your-content-online/] (https://theartistsjd.com/protect-your-content-online/) Join us in the artist’s Courtyard to get access to the step-by-step course designed to help you register your copyrights here: [https://theartistsjd.com/copyright-registration-workshop/] (https://theartistsjd.com/copyright-registration-workshop/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Should I include watermarks to protect my work?

How much money does your business need to be making before it’s time to become an LLC? Can you create an LLC if you aren’t financially stable? Watch this video to learn! The short answer is that financial self-sufficiency isn’t a legal requirement to become an LLC. But the LLC DOES need enough money to survive. To do that, you’ll do two things: -make sure the LLC starts off with 3-6 months of expenses in your accounts -only pay yourself when the LLC accounts have enough to cover the regular expenses Curious what other tasks you should be doing now you are an LLC? Then grab the workbook here: [https://theartistsjd.com/llc-financially-self-sufficient/] (https://theartistsjd.com/llc-financially-self-sufficient/) Read the show notes, listen to an audio-only version, or read the transcript here: [https://theartistsjd.com/llc-financially-self-sufficient/] (https://theartistsjd.com/llc-financially-self-sufficient/) Learn about the LLC course designed to help you create your LLC (and keep it legit) here: [https://theartistsjd.com/llc-intensive/] (https://theartistsjd.com/llc-intensive/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Does my business need to be financially self-sufficient before becoming an LLC?

Does your LLC need a “real” business bank account? Or can you just get away with a personal bank account where you only keep the LLC’s money? Watch this video to learn! The short answer is that you MUST keep the LLC’s money in its own name. Because if you don’t it’s not really the LLC’s money. And your bank is likely going to require that if the account is in the LLC’s name, that you have a business account. Curious what other tasks you should be doing now you are an LLC? Then grab the workbook here: [https://theartistsjd.com/llc-needs-business-account/] (https://theartistsjd.com/llc-needs-business-account/) Read the show notes, listen to an audio-only version, or read the transcript here: [https://theartistsjd.com/llc-needs-business-account/] (https://theartistsjd.com/llc-needs-business-account/) Learn about the LLC course designed to help you create your LLC (and keep it legit) here: [https://theartistsjd.com/llc-intensive/] (https://theartistsjd.com/llc-intensive/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Does my LLC need a real business bank account?

When is it a good (or bad) idea to have multiple projects, brands, or businesses in the same LLC? Watch this video to learn! The short answer is that you can have them under the same LLC umbrella if you are okay with them impacting each other. Because if something goes wrong in one project, brand, or business, the law sees no distinction between them. So if something goes bad in one, it’ll impact the rest. I also suggest that you use the same 13 questions that help you decide if it’s time to become an LLC, to decide if you are okay with having them all in the same LLC. (Grab the workbook here: [https://theartistsjd.com/list/should-i-be-an-llc/] (https://theartistsjd.com/list/should-i-be-an-llc/)) Read the show notes, listen to an audio-only version, or read the transcript here: [https://theartistsjd.com/multiple-projects-same-llc/] (https://theartistsjd.com/multiple-projects-same-llc/) Learn about the LLC course designed to help you create your LLC (and keep it legit) here: [https://theartistsjd.com/llc-intensive/] (https://theartistsjd.com/llc-intensive/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

I have multiple projects. Can they go in the same LLC?

Your creative business is growing and it’s time to bring on a legal expert to help you. So how do you go about finding an attorney for your creative business? Watch this video to learn! The short answer is finding a lawyer is no different than finding any other service provider. You want to find someone you know, like and trust. And there are three places you can start your search: -you might find your lawyer through your network -you might find her via a Volunteer Lawyers for the Arts organization -you might find him via a Google search But it’s important to remember that you’ll likely need to find someone in your state. Learn why, plus what questions you should ask potential attorneys in this episode! Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/find-an-attorney/] (https://theartistsjd.com/find-an-attorney/) Learn about our membership community, the artist’s Courtyard, and how to join for just $9/month here: [https://theartistsjd.com/courtyard/] (https://theartistsjd.com/courtyard/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

How can I find an attorney for my creative business?

Congrats! You submitted your copyright registration application to the U.S. Copyright Office. But...it's going to take 2-10 months for your certificate to arrive. Do you have to wait to sell your work until you have a certificate in hand? Learn how long you have to wait in this week’s episode of Ask Kiff. Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/copyright-registration-effective/] (https://theartistsjd.com/copyright-registration-effective/) Learn about the copyright registration course here: [https://theartistsjd.com/copyright-registration-workshop/] (https://theartistsjd.com/copyright-registration-workshop/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

How long do I have to wait to sell my work after I submit my copyright registration application?

You get an email from your customer with a glowing review of your product or service. Can you pop that feedback or testimonial on your sales page? Or do you need permission? That’s exactly what we’re covering in this week’s episode of Ask Kiff. Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/permission-testimonial/] (https://theartistsjd.com/permission-testimonial/) Read the special rules you have to comply with if the customer review comes via Etsy: [https://theartistsjd.com/etsy-reviews/] (https://theartistsjd.com/etsy-reviews/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Do I need permission to add feedback or testimonials to my website?

So you come up with an awesome phrase that would be perfect for a mug, a t-shirt, a card, or a hat. Can you run down to the Trademark Office and file a trademark for that phrase? That’s exactly what we’re covering in this week’s episode of Ask Kiff. Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/trademark-tshirt/] (https://theartistsjd.com/trademark-tshirt/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Can I trademark a t-shirt design?

LegalZoom is cheaper than a lawyer, but you’ve heard good and bad stories about it. When should you run far away? When might it be okay to use it? That’s exactly what we’re covering in this week’s episode of Ask Kiff. Read the show notes, watch the video, or read the transcript here: [https://theartistsjd.com/use-legalzoom/] (https://theartistsjd.com/use-legalzoom/) -- What's Ask Kiff? Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: [http://theartistsjd.com/ask-kiff/] (http://theartistsjd.com/ask-kiff/)

Is LegalZoom good or bad?

Each week, Kiffanie adds ease to the legalese of running your creative business by answering one question submitted by creative business owners just like you! Have a question you want to submit? Leave it here: http://theartistsjd.com/ask-kiff/

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