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.
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);…
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…
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…
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…
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…
Mortality/Immortality
The Getty Conservation Institute recently organised a unique conference in Los Angeles, California, under the title ‘Mortality/Immortality: The Legacy of 20th Century Art’ to debate whether and, if so, how many contemporary works should be conserved. It was addressed…
In Defence of the Image
Does copyright law stifle creativity, or does it protect and encourage creativity by enforcing the legal and moral rights of original authors? ‘A good composer does not imitate, he steals.’ Igor Stravinsky T S Eliot…
Three Short and Unrelated Matters
Three short and unrelated matters are tackled this month: Contractual Relationships, Public Lending Right and Solicitors’ Advertising. Paper Promises How many contracts have you made today? Bet you travelled on a bus, tube, train, bought…
New UK Legislation Part 2
Amended ‘permitted acts’: criticism, review, and news reporting Fair dealing with copyright works for the purposes of criticism or review have long been ‘permitted acts’, provided a sufficient acknowledgement of the copyright owner accompanied any…
Stealing Ideas
Random House UK, publisher of The Da Vinci Code, is being sued, at the time of writing, in London’s High Court by two of three authors of a book (also published by Random House UK) from 1982, The Holy Blood and…