Archive of Henry Lydiate‘s Artlaw column, published in Art Monthly since 1976. Have a legal question about your career? Check our Directory or send us a legal query.
No Heirs Apparent
‘Millions of artists create; only a few thousands are discussed or accepted by the spectator and many less again are consecrated by posterity.’ So contended Marcel Duchamp in his talk on ‘the creative act’ in 1957 at…
Idea/Expression Dichotomy
This year marks the centenary of the creation of a work widely accepted as the most influential of the 20th century: Marcel Duchamp’s Fountain, 1917. This readymade and its reception heralded the transformation of modern and contemporary art…
Fair Use
The Robert Rauschenberg Foundation recently announced a new Fair Use policy to make images of the artist’s work more accessible to museums, scholars, artists and the public (Artnotes AM395). This enlightened and innovative approach represents the first artist’s…
The Length of Copyright
The Duration of Copyright and Rights in Performance Regulations 1995 implement EU Council Directive No 93/98/EEC and the European Economic Area 1993, which harmonise protection of copyright and certain related rights. In effect, they extend the…
New UK Copyright Provisions from 31 October 2003
The owner of copyright in an original ‘artistic’ work has the exclusive right to copy the work, and issue copies to the public. Please note that this article was not published in…
Dear Images
Dear Images: art, copyright and culture, eds Daniel McClean and Karsten Schubert, ICA and Ridinghouse, London, 2002, 503pp, b/w illus, pb, £25, 0 9541710 2 0. This is a tremendously good book. It is also very useful. Useful…
Copyright and Moral rights: New legislation (part 1)
In May or June 1989, visual artists’ and craftspeoples’ rights will be substantially improved when the new Copyright Designs and Patents Act of 1988 comes into force. Key changes anticipated were signposted…
Art & Copyright
Most UK lawyers know little about intellectual property law, because it has never been a compulsory subject for professional qualification. Simon Stokes, Art & Copyright, Hart Publishing, Oxford and Portland, Oregon, 2001, 184pp, £25.00, 1 84113 225…
Copyright and Moral rights: New legislation (introduction)
On October 30 1987, the Government introduced into the House of Lords the long overdue measure to reform the law of copyright and other intellectual property: The Copyright, Designs and Patents Bill'. It…
Copyright and Moral rights: New legislation (part 3)
What remedies are available for Copyright Infringements? Last month’s column continued our three part examination of the new Copyright Designs and Patents Act 1988, shortly coming into force (the precise date will…
Originality
Last year’s Turner Prize controversy was pure artlaw territory and deserves closer examination. It concerned one of four short listed artists, Glenn Brown and his large canvas Loves of Shepherds, 2000. Full colour reproductions of the work were splashed…
Copyright and Moral rights: New legislation (part 2)
Last month, we began to examine the new copyright law (contained in the Copyright Designs and Patents Act of 1988) which will come into force in May or June 1989 looked at…
A Developing Global Framework
Copyright laws were created in direct response to the development of industrial technologies that enabled unique paintings and drawings to be copied and mechanically reproduced in multiple numbers. The development of engraving and multiple printing techniques…
Three Short and Unrelated Matters
Three short and unrelated matters are tackled this month: Contractual Relationships, Public Lending Right and Solicitors’ Advertising. Paper Promises How many contracts have you made today? Bet you travelled on a bus, tube, train, bought…
Stealing Ideas
Random House UK, publisher of The Da Vinci Code, is being sued, at the time of writing, in London’s High Court by two of three authors of a book (also published by Random House UK) from 1982, The Holy Blood and…