The Artful Jurist

Patricia Arquette, the actor who plays the clairvoyant “Medium” on the TV show of that name, is calling it quits with her husband, actor Thomas Jane.  According to news reports, Ms. Arquette has filed for divorce in Los Angeles.

I think it’s always sad to see a relationship end — even when I don’t personally know the people involved.  And our legal system doesn’t always make it easy for people to formally part, which only makes things worse for everyone.

But one important thing creative people ought to keep in mind when they’re going through a divorce.  Intellectual property is property, meaning it’s an asset that needs to be distributed when family assets are divvied up.  So, if an artist has, for example, written a book during the marriage, the property rights to that book are an asset that could become an issue of contention when the divorcing couple starts quibbling over who gets to take what.  That’s especially possible in community property states such as California.

I’m not suggesting Ms. Arquette or Mr. Jane have or will have anything to fight over.  I sincerely hope that doesn’t happen.  It’s just that the news of their parting sparked these thoughts about the intellectual property of people in the arts/entertainment industry, and I thought I’d share them.