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.
Ladies Lounge
The history of modern and contemporary western art and law is punctuated with rare court decisions demonstrating extraordinary understanding of the content of artwork, and respect for the artist’s creative intentions. One such case was decided recently, and…
Political Statements
The year 2024 has been described as being ‘the ultimate election year’, when more people than ever in history may vote in national polls for their governments and leaders: in over 70 countries worldwide, representing 49% of the…
On Freedom to Protest
On the morning of 14 October 2022 Van Gogh’s Sunflowers, 1888, was vandalised by two environmental protestors throwing the contents of two tomato soup cans over most of the painting exhibited in Room 43 at UK’s…
Don’t Delete Art
Given the understandable reliance by most of the world on digital technology for communications throughout the annus horribilis of 2020 (and its continuation into 2021, with no certain prospect of escape from Covid restrictions), social media platforms…
Guides to Interpretation
The complicated issues of how legal frameworks impact on artistic freedom of expression are explored in a new series of guides covering counter terrorism, public order, child protection, race and religion, and obscene publications. The series, badged…
Censorship
Time, place, social values and mores are the themes of these pieces, as they explore specific incidents where artworks have been the subject of threatened or actual 'censorship' These works, and/or their authors or curators were subjected to legal…
Freedom of Expression: part 2
In cases of both import and export, what is obscene is a matter for the customs officers, in the first place, and then for a jury to decide; it is not the same as the…
An Inspector Calls
A Metropolitan Police Inspector called upon the Saatchi Gallery in North London last month, ordered the removal of two artworks and a publication related to the exhibition ‘I am a Camera’, and threatened prosecution for failure to…
An Inspector May Call Again
Readers may recall our report and commentary (AM 245) on the Metropolitan Police Service’s threat to prosecute the photographer Tierney Gearon for showing allegedly indecent photographs of her children in the ‘I am a camera’…
Power Plays: Chimes of Freedom
The attempted censorship of the Power Plays exhibition at the Ferens Art Gallery by Hull City Council in October raises issues of the greatest importance. An explanation of its legal facets will enable us to…
Cell Block
Dear Prisoner 035178 You will have wondered why you failed to receive your April copy of Art Monthly (#235), which was posted to you as usual last month. It was received at the prison on April 20, but…
Displaying Student Work
Now that the annual round of degree shows is completed, one particular issue has been very prevalent this season and remains an unclear and often challenging area. Showing students’ artworks to the public can and sometimes does…
Freedom of Expression: part 1
Most totalitarian regimes have an Official Censor: we don’t. But there are still ways in which public authorities and private individuals and organisations are able to restrict freedom of expression. Striking for the guardians and…
F**K
Last month’s Late Item (AM 145), “Three little words’, is reproduced here in full since it succinctly sets out a serious incident which we will explore, in more detail: ‘On March 22, an exhibition of work by the exiled…
Shelter from the storm
Not a word was spoke between us, There was little risk involved. Everything up to that point Had been left unresolved* Last minute cancellation of one off exhibitions on grounds of taste is not new. Sometimes…
Drawing the Line
Because one figure was undressed This little drawing was suppressed. It was unkind, but never mind, Perhaps it was all for the best. * Ms Jennifer Rock was shocked when I answered the phone, especially on a…
Mapplethorpe
Much heat and hype has been generated by the media in recent months over the Hayward Gallery’s decision to self censor two works from the Mapplethorpe retrospective. The purpose of this piece is not to fuel any flames, but…
Morals, Mores & Minors
Lewis Carroll and Edgar Degas in the 19th Century, Balthazar Klossowski (Balthus) and Robert Mapplethorpe in the 20th Century, and Tierney Gearon and Annalies Strba at the beginning of this century, each produced artworks that were…