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 of Media
In the endless search for new ideas and forms of expression, artists are increasingly embracing the use of contemporary technologies: the internet, computer hardware and software, film, video, digital cameras and sound recordings. Such new ways of…
Making Waives
A gallery which advertises a work for sale is allowed to make reproductions without the copyright owners’ permission. But it is not allowed to generally merchandise; catalogues or posters which are subsequently put on sale to the public…
New UK Legislation Part 1
Significant changes were made to UK copyright law on October 31, 2003, of which copyright owners, licensees, and other would be users of copyright works need to be aware. The Copyright and Related Rights Regulations…
Between Thought and an Expression
Two different copyright queries have been received, the responses to which should prove interesting and informative. “I was recently commissioned to produce a set of line drawings for a company who wanted to reproduce and…
Claim it From DACS
£300,000 is available to meet artists’ claims for unauthorised use of their copyright works by publishers and broadcasters in the UK. The money has been collected by the DACS, the Design and Artists Copyright Society, which…
Copying by Universities
The new year ushered in several important judicial decisions dealing with artlaw matters, including the Bacon Estate; the Sotheby’s and Christie’s so called ‘price fixing’ case; payments to artists of royalty fees by UK Universities; and Gilbert…
Public Images
‘Public image, you got what you wanted, public image belongs to me, it’s my entrance, my own creation.’* This week I was approached by Recession Pictures who, despite having a name fresh from Britain in the eighties, have…
Knockin’ on Hebborns Door
A new faker king has been crowned. Mama take this badge off of me I can’t use it any more. It’s gettin’ dark, too dark for me to see I feel like I’m knockin’ on heavens…
Up Against the Wall: part 2
Moral Abuses Moral, as opposed to economic, abuse cases are prevalent. One was discussed in last month’s AM issue, and here are some more. Each is a true story. Not satisfied with a completed…
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…
Is Your Copying Right?
An important and valuable one day seminar entitled ‘Copyright: Is Your Copying Right?’ was recently organised by the Institute of Art and Law, in association with the Art Newspaper and artlaw specialist solicitors Stephens Innocent. The…
Credit Where It’s Due?
Marcel Duchamp and Andy Warhol met in New York City – firstly only to shake hands, in May 1963, outside the Museum of Modern Art where both were entering the opening of the show ‘Americans 63′.…
Collaborative Works
Tracey Emin’s recent dispute with a north London primary school over the ownership and authorship of an artwork raised an interesting public debate, much of it focusing on the market value of art: ‘A £35,000 Tracey Emin quilt…
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…
Dear Henry…
The recent articles on copyright brought the following correspondence, (genuinely received, but here suitably disguised to safeguard the artists concerned), which provides useful and intriguing illustrations of copyright law in operation. Dear Henry, I wonder if you would…
Publication Right: The New Right
On December 1 1996 a new intellectual property law was passed in the UK which will give galleries, museums, public and private collectors and exhibitors a new economic power over artworks in their possession: Publication…
Joint Enterprise
During the 40 years following the Boyles’ partnership, increasing numbers of visual artists in the UK have chosen that way of working. ‘Boyle Family’ is a retrospective exhibition marking the 40th anniversary of Mark Boyle and Joan Hills’…
Copyright: A Suitable Case for Reform
Old Copyright law. ‘Who is going to achieve change? Not the Arts Council, not the RAAs, not the artists’ groups, not the arts organisations not the art schools, not the dealers and collectors; not…