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.
Dire Straits: in the gallery
Although great strength and power can be drawn from legal information and knowledge, the processes of applying and using the law are often regarded as too cumbersome, complex and costly to be of any real…
Conservation
Deterioration and degradation of contemporary art increasingly concerns specialists in the field of conservation and restoration. Such experts are being asked for advice and assistance from key actors – including artists – in the art ecosystem, about work made…
Authenticity Certificates Value
What is the essence of a Sol LeWitt wall drawing? What makes these works – which famously exist as a series of instructions, executable by anyone who owns them – authentic LeWitts and not just some lines…
Dealing in Fakes
Since the criminal prosecution of the late and celebrated Tom Keating in the 80s, the UK has not experienced serious allegations of sales of forged or counterfeit artworks although there was in recent years an allegation made…
After Sales
The last two articles in this series have dealt with selling work: the use of some written form of agreement was shown to be essential and of considerable advantage to artists and buyers. If the suggested Artist's Contract…
Nightmare of Planning Laws: Westminster City Council V Time Life
Westminster City Council and publishers Time Life are currently heading towards a unique legal dispute over artworks at the Time Life building in New Bond Street, London. It involves a…
Art and Money
Warhol's US dollar bills were sold for more than their denominational value; and Duchamp paid his dentist's bill by drawing a 400F note which was accepted in payment. What do you think of the new £5 note?…
Disclaimers
An artist recently raised an important question about leaving work with a gallery who had insisted on disclaiming liability for taking care of the work whilst in their possession. You say you never compromise With the mystery tramp but…
The Values of Insurance
Valuing artworks for any purpose can be a headache. Firstly, there is what might be termed intrinsic value – many hours can be enjoyed arguing on an intellectual basis, but there is no universally applicable magic…
Severance
“'There must be some way out of here', said the joker to the thief, 'there's too much confusion, I can't get no relief. Businessmen they drink my wine, ploughmen dig my earth, none of them along the line know…
Polaroid: The Gift That Doesn’t Keep Giving
Clear and unambiguous documentary evidence of such gifts is needed for the recipient to be sure that the object received was a gift after all – and the reason it was given. These…
Public Art Liabilities
Within four days of the opening to the public of Ai Weiwei’s interactive installation, Sunflower Seeds, 2010, at Tate Modern, the public was prevented from walking on 100m handcrafted life sized porcelain sunflower seed husks spread over…
Down in the Flood
Well, it’s sugar for sugar And salt for salt, If you go down in the flood, It’s gonna be your own fault. * Or is it? The Conditions of Entry said: ‘Works submitted for consideration are…
The Momart Fire
At 3.40am on Monday May 24 2004 fire fighters received the alarm call, and the blaze at one of Momart’s warehouses lasted five days. Media coverage was extensive and worldwide, for what was a devastating single act…
Damage to Work
Damage to work can be a real problem, particularly when it’s discovered during a show. Although artists and galleries tend to rely on insurance companies to pay for restoration costs, there have been an increasing number of…
Loaner Beware
This is a very unusual step for any artist to take in the UK. How have these circumstances arisen, what is the likely outcome, and what lessons can be learned by artists, collectors and galleries? The case of…