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.
Private Commissions and the Law, part 1
The thirteenth year of these columns starts with a re examination of one of the first and most fundamental areas of art practice, private commissions, because it has posed perennial problems, for artists…
Commissioning an Artist
Commissioning an artist to create a work is one of the earliest forms of art activity and one of the most obvious legal relationships an artist enters into: a commission agreement is a contract by which the…
Doing a Deal: Part 3
For reasons stated in Part Two (AM214), gallery less dealers are not a generally recommended agent for promotion and sales. However, there are those few who have succeeded in establishing respectable dealerships with reliable collectors,…
Public Art Commissions: Part 1
In response to many readers’ requests for guidance in relation to public art commissions and the legal issues involved and arising, this piece explores key lessons learned from the experiences gained over many years by…
Who Owns Public Art Commissions?
Following publication in March and April of the two pieces exploring public art commissions (AM 234 and 235) readers’ letters raised interesting and challenging queries. A common thread was the question of ownership of commissioned…
Private Commissions and the Law, part 2
The formula for heaven’s very simple, Just follow the rules and you will see. And as life travels on, And things do go wrong, Just follow steps one, two and three. This month…
Foreign Affairs
This article written in 1981 raises many still relevant issues on applying for Opportunities. The American Painters in Paris Exhibition fiasco, raises serious artlaw questions. Starting from the beginning, the nine page booklet/seduction package makes interesting reading. Put…
Commissions and the responsibilities they bring, part 2
The answer to last month's poser (your commissioned art work sited in a public place falls down and injures someone five years after installation; are you responsible?) is: yes. 'Don't bring me…
Tate Da Vinci Code Pollock
the publishers of The Da Vinci Code have successfully defended a breach of copyright claim against them in London's High Court, and the Pollock Krasner Foundation is currently in dispute with a Jackson Pollock expert…
Caveat Emptor
In relation to an artwork, what is the meaning of: an original a reproduction an original reproduction a multiple original a print an original print an edition a limited edition and does it matter? Some argue that it…
Dragon’s Dance
This is the tale of Dragon’s Dance. It is a sculpture by Liliane Lijn sited at the landscaped entrance to a new Marks & Spencer shopping centre at Culverhouse Cross, Cardiff in Wales. ‘Senor, Senor, I can see…
Exhibition Agreements
Most public galleries and many private ones put on exhibitions solely for the purpose of making the work of an artist or group of artists available for public view – selling is only incidental; these are usually ‘one…
Agency Deals
The lack of gallery premises or adequate showing space has not prevented many actual or would be dealers approaching artists offering agency deals, with a view to promoting and selling the artists' work and their reputations. In recent…
Commissions and the responsibilities they bring, part 1
You are an artist. A public body asks you to design an artwork for a public space or place. You are promised payment 'if it all works out'. You are flattered. How…
Artists’ Residencies
At this time of global economic downturn, when governments across the world and especially in developed economies are committing vast sums of public money to prevent unemployment, some money is being ear marked to support artistic endeavour. This…
Art and Architecture
The art and architecture debate continues, with priority being given to the encouragement of collaboration and the desirability of obtaining large scale architectural commissions. The actual execution of this sort of work is less discussed, and could…
Bankrupt Galleries: A Cautionary Tale
Art galleries too are not recession proof, but what happens to the stock, the artwork, when they cease trading may be more complicated and certainly is unnerving for the artists involved. Auctions of liquidated stock…
Public Art Commissions: Part 2
Last month’s column continues. Phase 2: Fabrication, fees and costs In this phase, the parties will be contemplating their having a successful design/model/maquette which will need to be fabricated; in which case, they will need…