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.
Appropriation
On March 5, 2005, in central London two separate events took place: each focused on artlaw and different ways of appropriating the law into the form and content of artists’ works. The first was jointly organised by the Interdisciplinary…
Court Cases
It is unusual for there to be a sufficient number of artlaw cases to report between Issues, but this month there is a wealth of them. Duchamp’s urinals In 1998 a French artist, Pierre Pinoncelli, committed criminal damage…
Nothing is Forever
It seems that the number of artists whose works suffer minor indignities or major censorship at the hands of the powerful will continue to increase until kingdom come. But nothing, as Pat Lally observed, is forever. Pat…
An American in Florence: restoring the moral balance
Professor James Beck, Professor of Art History at Columbia University, prosecuted for the fourth time for criminal libel in an Italian Court, has been acquitted. Restorer Gianni Caponi brought the four actions…
Worldwide, and Droit Moral
Copyright protection in the United Kingdom was dealt with last month, by explaining the nature of copyright (it only applies to ‘artistic works’ and ‘works of artistic craftsmanship’); who owns the copyright (the author, at first);…
Freedom of Information
Commission fees paid to artists by public sector organisations in the UK must be disclosed to anyone requesting such information, according to a recent decision made by the Information Tribunal operating under the provisions of the UK’s…
Advertising and marketing art: Copyright confusion
If a work of art is on display, for sale or simply on public viewing, can the gallery owner or administrator reproduce it, in a catalogue, on a postcard or on a flyer without…
Copyright Protection Abroad
Copyright protection in the United Kingdom was dealt with last month, by explaining the nature of copyright (it only applies to ‘artistic works’ and ‘works of artistic craftsmanship’); who owns the copyright (the author, at first); what…
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…
Up Against the Wall: part 1
‘I am told that you have a thorough knowledge of the subject of artistic copyright. And write to ask if you would be so kind as to give some advice on the subject. I…
Art Online
Many myths abound, and there is much ignorance and misunderstanding about the use of images online and the sale of works using e commerce. What are the key issues involved, is there any legal protection and have any…
DACS
‘New society for visual artists to protect their copyright and collect their copyright dues in the UK and worldwide.’ No kidding; and, what’s more, it’ll only cost £15 per year! The purpose of this piece is to persuade every…
Technology vs Copyright
May 1994 sees the launch of the Crafts Council Picture Bank – the first publicly accessible computer library of contemporary craftwork. Visitors will be able to walk into the Crafts Council, sit down at one of the…
Holography
Twentieth century visual artists’ propensity for introducing modern technology into their creative processes not only poses problems for traditionally minded perceivers, but also in other even more conservative areas – especially the law. Because something is happening here But…
US Copyright Protection for UK Artists
It is rare for visual arts copyright cases to end up at court. Even more rare for the trial to be fully conducted and judgment given; most copyright cases are settled out of court.…
Copyright Law
The law of copyright is vast and complicated: what follows is a brief outline of the law as it affects visual artists who should seek professional legal advice on any problems they may have. What is copyright? Copyright…
Private Investigations
It’s a mystery to me – the game commences for the usual fee – plus expenses confidential information – it’s in a diary this is my investigation – it’s not a public inquiry* Back from the motorway the…
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…