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WYWH: Artist Corporations: A New Legal Framework for Creative Practice (Oct. 1, 2026)

October 14, 2026

Nina Shih Wish You Were Here ACorp 10:01:26

Photo Credit: Nina Shih, “A-Corp Panel” October 1st, 2026

By Nina Shih

On October 1, 2026, the Center for Art Law hosted Artist Corporations: A New Legal Framework for Creative Practice, a program exploring the Artist Corporation (A-Corp), a new legal business structure designed specifically to support artists and creative professionals. The event took place at the New York office of ArentFox Schiff LLP. The discussion was moderated by Lindsay Korotkin, a partner at ArentFox Schiff who advises companies and creators in the fashion and retail, art, media and entertainment, and technology industries. Panelists included Yancey Strickler, co-founder of Kickstarter and creator of the A-Corp prototype; Sarah Darlene, a Denver-based multidisciplinary artist and advocate for the A-Corp model; and Erica Roque, co-leader of the Fashion & Retail group at ArentFox Schiff.

Background: What Is an Artist Corporation?

The Artist Corporation, or A-Corp, is a new type of limited liability company designed to address the particular needs of artists and other creative professionals. Rather than requiring artists to negotiate individual contractual protections within legal structures designed for conventional businesses, the A-Corp provides a statutory framework intended to prioritize an artistic mission, preserve artists’ control, and establish protections for their intellectual property.

Colorado became the first state to enact legislation authorizing this structure through Senate Bill 26-133, signed into law in June 2026. Under the legislation, artists must retain at least 51% of an A-Corp’s voting ownership. The law also recognizes artistic contributions as a form of capital and establishes default reversionary protections for certain intellectual property rights upon dissolution. These provisions seek to give artists greater control over their businesses while recognizing the value of their creative contributions.

Intellectual Property Ownership and Mission-Driven Focus

One of the most significant benefits that the A-Corp provides for artists lies in its intellectual property protections.

Erica Roque explained that in conventional business arrangements, artists may contribute or transfer intellectual property to a company without fully appreciating the implications for their future control over that work. Depending on the arrangement, other owners or creditors may acquire interests in the intellectual property. The A-Corp framework offers an alternative by establishing statutory reversionary protections for artistic work upon dissolution, subject to the statute’s terms and applicable agreements, security interests, licenses, and other obligations.

Sarah Darlene spoke on the importance of intellectual property ownership, describing how she would implement A-Corp protections into her own professional practice. She explained that she teaches a meditative painting program at the Denver Art Museum called Flow State and illustrated how an A-Corp could provide a framework for negotiating a potential co-licensing arrangement with the museum.

Many panelists also emphasized the importance of a mission-driven statutory framework. Darlene explained that her work is strongly mission-driven and that she appreciated how the artist’s mission was built into conversations about the A-Corp’s structure from the outset.

Inception of the A-Corp

Strickler explained that his experience co-founding Kickstarter with Perry Chen and Charles Adler helped shape his thinking about alternative business structures for creative work. Kickstarter launched in 2009 to make it easier for creative projects to obtain financial support directly from the public.

His experience helping Kickstarter transition into a public benefit corporation provided a foundation for his later work on the A-Corp. However, the idea took more concrete shape in 2024, after Strickler self-published a book with friends called The Dark Forest Anthology. The experience of dividing the proceeds among the book’s contributors prompted him to explore legal structures that could better recognize creative contributions and protect artists’ interests.

After gathering feedback and developing the A-Corp idea, he began meeting with artists, nonprofit leaders, and policymakers in Colorado. Organizations and officials, including the Colorado Business Committee for the Arts and Colorado Creative Industries, played important roles in building support. Darlene described how she became involved shortly before a legislative committee hearing. After learning about the proposed law through an information session, she traveled to the Colorado Capitol and delivered testimony supporting the bill.

The legislation quickly gained support on both sides of the political aisle because lawmakers recognized that, in addition to furnishing other societal benefits, supporting artists could generate economic prosperity.

Selection of Attendee Questions Following the Panel Discussion

What Happens If an A-Corp Declares Bankruptcy?

One important question raised during the discussion concerned the relationship between the A-Corp’s intellectual property protections and federal bankruptcy law.

Roque explained that although the Colorado statute seeks to preserve artists’ rights to their creative work, questions remain about how those protections would operate if an A-Corp entered bankruptcy. In particular, the interaction between statutory reversionary provisions and the treatment of intellectual property in a bankruptcy estate may require further judicial interpretation.

Could A-Corps Dissuade Artists from Seeking Legal Counsel?

The panelists acknowledged this concern. Although the legislation provides a statutory framework for certain protections, Roque emphasized that attorneys will continue to play an important role in advising artists, particularly while the structure remains new and its application is still developing.

The discussion also explored the possibility of creating standardized legal documents and expanding access to pro bono legal services for artists forming A-Corps. The panelists considered whether AI tools could help standardize forms and make certain legal resources more accessible, while recognizing that these tools would not replace individualized legal advice.

Could A-Corps Transform the Artist-Gallery Relationship?

Attendees also inquired about how the A-Corp might influence the Artist-Gallery relationship. Strickler suggested that the structure could create new possibilities for arrangements in which artists retain a fractional economic interest in their work even after transferring ownership of the physical artwork to another party. Such arrangements could offer artists and other participants ways to share in the economic value of creative work while structuring their respective rights and interests.

Looking Ahead: Can the A-Corp be Implemented Nationwide?

Strickler explained that although Colorado has been the first state to adopt the Artist Corporation framework, efforts are underway to introduce similar legislation in New York, California, and Illinois. He identified California as a potential litmus test for broader adoption, given the scale of its artistic community and creative industries. Legislative developments in these states may help determine whether the A-Corp model becomes a more widely available option for artists and creative professionals.

Conclusion

The Artist Corporations: A New Legal Framework for Creative Practice program offered attendees a glimpse into a possible future in which business structures are designed to support artistic missions alongside economic sustainability.

At the same time, the discussion made clear that the A-Corp is not a complete solution to the economic insecurity artists face. Its practical effectiveness will depend on how the statutory framework is implemented, how artists structure their individual businesses, and how unresolved legal questions are addressed.

Whether the A-Corp ultimately becomes a national model remains to be seen. For now, Colorado’s legislation represents a significant experiment in rethinking the relationship between artistic independence, intellectual property, and business ownership.

This program has been archived on the Center for Art Law’s website. All Premium Members have access to this recording, as well as archived recordings of past Center events.

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