As a self-employed artist, will the General Data Protection Regulation (GDPR) affect me?

The General Data Protection Regulation (GDPR), effective from 25th May 2018, is a hot topic amongst businesses at present, and this FAQ offers key points about if and how…

What should I know about copyright as a freelance artist/educator who facilitates workshops?

As a freelance artist/educator who develops and facilitates workshops and projects for institutions, what should I know about copyright and how can I protect my copyright and…

What does creating an Inventory or Catalogue Raisonné involve?

The inventory should relate to all works of art, copyright (the artist should be aware that unless there is an agreement to the contrary, he/she will have retained copyright ownership in…

If I sell artwork through a gallery based abroad, can they deduct ‘withholding tax’ on my earnings?

‘Withholding tax’ is an amount held by the party making a payment to a payee, which will be paid to the taxation authorities.…

What should I consider when deciding whether or not to sign a written agreement with a gallery?

In particular, should I agree to a 12 month notice period and a commission on sales at exhibitions outside the gallery? The wisdom…

Can I sell an artwork that uses letters from an existing font, e.g. from a word processing program?

There are two key legal issues to consider here: whether the work will infringe copyright and the terms of the licence under…

Can I illustrate a mass-produced object such as a toy in an artwork without infringing copyright laws?

The answer is highly complex but an indication of the issues involved is given by the following simplified comments on a highly complex…

Is it discrimination under UK law to advertise an opportunity for artists under a certain age?

An opportunity states that it is only open to artists under or over a certain age. Is this discriminatory under UK law? UK equal…

My gallery had agreed to return my work months ago but now they seem to have lost it.

Where a gallery holds works that are owned by the artist, the gallery holds them as a “bailee” under what is known…

Are you licensing your work for free if you upload it on social media sites?

Many of us overlook reading the terms of service in relation to the social media outlets we use, and yet this is what determines our…

Who is liable for insurance for artwork kept on consignment?

A shop or gallery would always be legally responsible for taking good care of works it received on consignment from artists, and should make careful arrangements accordingly. When the shop/gallery…

If my gallery is based abroad who will decide in case of a dispute?

In the case of two parties located in different countries – say the artist in England and a gallery in the USA – a vital term…

Is there a definite ruling on what constitutes an edition?

There isn’t a legal definition of what makes an edition. Instead, an edition may be limited by contract (which can be verbal) and by making representations. So, for example, if…

How can I get my gallery to disclose the names of my buyers?

This article answers a question that artists regularly ask our legal specialists. So is the Data Protection Act just an excuse and how can you convince your…

Do I have to pay tax on the award or grant I have been given?

There continues to be no up to date and definitive answer or ruling to the question of whether prizes and awards will be deemed taxable…

If I use a pseudonym can I sign documents and contracts with a gallery under my legal name?

Historically there have been many artists who have signed their works without using their full legal name, or any part of it,…

Will I be able to exhibit and sell photos of my performance if I haven’t taken the pictures myself?

The photographer will automatically become the owner of the copyright and moral rights of the photographs (which empower the photographer to…