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.
Is my work protected by copyright or design rights?
This is a question that is not always easy to answer as there is a significant overlap between the two. Own It have written a downloadable pdf that attempts to reply to…
In what circumstances can I sublet or share my studio space?
You must check that your lease permits either subletting (temporarily or permanently leaving your studio and renting it to someone else) or sharing before agreeing this with someone else.…
Can I sell my copyright?
Copyright can only be ‘assigned’ (sold or given away) by the execution of a written document signed by the copyright owner. It is not advisable, however, to assign or otherwise dispose of your copyright over…
What issues should I be aware of if I wish to use photographs in collage / painting?
Where photographic images are used merely as a starting point, and you do not intend that the final image closely resemble the essential…
How do I get my gallery / dealer to return unsold works?
You will be in a more difficult situation if the relationship between you and your dealer / gallery has broken down, and if you do not have a…
What kind of access can I expect in a studio or property?
The use, access and management of a property are key issues that can often be overlooked by artists when negotiating a contract. For example, if you have a…
If two or more artists collaborate on a work of art, which one of them will own the copyright?
Who will own the copyright of the finished work? In the absence of a written contract between the artists, specifying who…
What should I do if my dealer / gallery goes bust?
If you have been dealing with a dealer who has gone bankrupt you will need to contact his or her trustee in bankruptcy. Your claim will rank behind that…
What health and safety considerations are there?
Health and safety issues are often dealt with in a separate document called ‘the tenant’s handbook’. Make sure you receive a copy of this and that any issues not addressed in your lease…
What if there has been a creative partnership between two artists and one of them wishes to leave?
If one artist leaves the collaboration, can the other artist to continue the work alone? The remaining artist should acknowledge the other…
What materials might I not be allowed to work with in my studio?
You must be aware of the ‘permitted uses’ of your studio. Often the landlord will want you to specify the actual nature of your art practice, as…
Licensing
Licensing can be a useful way to earn extra income by permitting other uses of your work in exchange for money What is licensing? When you license your work, you are giving permission to someone else to use your…
What is copyright infringement?
Copyright infringement takes place where there is copying of all or a substantial part of an image – unless a ‘fair dealing’ or ‘substantial part’ exception applies, or unless it is only the ideas or concepts that…
What works are covered / protected by copyright?
The simple answer is – any original work made in any medium whether visual, musical, dramatic, literary, film, video, TV or sound broadcasts, including artworks (paintings, sculpture, drawings and prints of any…
If I hire a stand at an Art Fair to sell my own artwork, what can I do if the event is cancelled?
You need to check the hire contract for your contractual rights. The company will be in breach…
What is the difference between a work/live and a live/work space?
There is an important difference between work/live and live/work spaces due to the planning requirements of local planning authorities. In work/live spaces the emphasis is on the space being…
What legal issues should I be aware of if I want to include cartoons in my work?
Animation and film companies will generally fiercely guard against unauthorized use of their intellectual property such as images of cartoon characters, particularly when these…
What legal issues surround the use of legal tender, i.e. notes and coins, in my artwork?
There are specific rules and criminal penalties for the misuse of monetary notes and coinage, and you should refer to the Royal Mint’s own…