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.
Banking on Trust
‘Men keep their agreements when it is an advantage to both parties not to break them’. This ancient saying by Solon, one of the Seven Sages of Greece, still resonates today in the arena of deal making…
Permission to Sell
Contemporary art sales are attracting increasing media interest beyond the usual art industry suspects, particularly from financial journals and commentators. There is a significant boom in both the number of sales and of the prices of works…
Merchandising Rights Time Bomb
When an artwork is mass produced in three dimensions by or with the artist’s permission, UK law substantially reduces the artist’s copyright protection in the future. This rule is a time bomb: it operates only 25…
Consignment: Trust
The term commonly used to describe the contractual relationship between artists supplying their works to galleries for exhibition and possible sale is ‘consignment’. In business and legal terms, consignment does not mean selling work to a gallery, rather…
Creative Collaborators: Authors or Assistants?
In this post digital age increasing numbers of artists collaborate to create non traditional works of time based or mixed media, for which a significant global market has developed and is advancing. For art market…
Commissioning Contemporary Art
There is a real shortage of published material that authoritatively and comprehensively covers the complex and extensive challenges of commissioning new artworks: conceptual, cultural, ethical, managerial, financial and legal. A new book, Commissioning Contemporary Art: a handbook…
Authentication Revisited
Authenticity certificates were explored in last month’s column (Art Monthly 355). This month we revisit the subject in the light of further authentication disputes and debates. Art Fairs have vastly increased in number over the past ten years…
Authenticity Certificates
Public and private collectors and art market professionals have started to request certificates of authenticity to accompany the transfer of ownership of works. What are they, how are they used, who provides them and what is their legal…
Tracing Work
Listen to me baby Wherever you may be I’m beggin’ over the radio Please come back to me – I’ve got a mind To move on down the line. * Many artists and galleries find great difficulty in…
Paper Promises, part 2
Part I last month began to deal with exhibition and selling work, one off and generally, responding to five questions posed by a newly established gallery administrator. Part II concludes by giving check lists of points…
Gallery Agreements
Artists – grateful for the offer of a ‘gallery deal’ – are understandably reluctant to request the use of a written agreement during negotiations, since this might jeopardise their chances. In this column during the past months, the…
Contracts as easy as ABC: A Users Guide
This article provides simple and useful information on how to use Contracts. AGREEMENT Often the word agreement is used loosely to mean a contract. However, an agreement will only be a legally…
Mum’s the Word
Artworks are sometimes conceived which deliberately incorporate the law as an intrinsic element in the piece or its exposition: Christo’s Running Fence could only be realised by the artist successfully negotiating the right to place his fence…
Contracts with Galleries
Artists leave works with galleries under the most flimsy and informal arrangements. Rarely are written agreements used to tell both sides where they stand, and as a result serious problems can and do arise: work is sold…
Artists Bearing Gifts: Revisited
Gifts of work by artists to public institutions are an important and valuable method of promoting wider interest in and access to work, and of acquiring critical endorsement. During the past year, several correspondents have raised…
Doing a Deal: Part 2
Last month’s column explored the basics of UK contract law and good practices for artists and galleries conducting negotiations with a view to arriving at a gallery deal. This month we look in more detail…
ArtlawTV
A series of short films exploring the main legal issues that artists face. Each film comprises an interview with an artist about their work, with an overview of the legal implications of their practice by Henry Lydiate, art legal…
Selling is Easy
Selling work is easy: give it to the buyer and take the money. However, many artists and buyers care about what might happen to the work in the future: buyers are often concerned about originality, size of edition…