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.
How can I prevent unauthorised use of images of my work that are published on the Internet?
One practical safeguard is to keep images of your work on the Internet in low resolution, as this generally makes them unsuitable for…
When selling work for reproduction, how can I protect my copyright?
What can I do to ensure that any prints clearly record my signature and details of the work? As part of your copyright in the work, you have moral…
What is a ‘break clause’?
Coupled with the need for security in your property contract is the need for some flexibility, as you may need to leave your studio unexpectedly. Some landlords acknowledge this need for flexibility by incorporating a…
What can I do to protect my work from being copied when I submit a prototype to a potential buyer?
It is always sensible to assert your copyright when submitting designs or artwork anywhere and for any reason, including applications…
What can I do if my work is used without my permission?
Do not automatically assume that your copyright has been infringed. Under the copyright laws of the UK and most other countries, works protected under copyright law can be…
What should I include in a licensing agreement?
A licensing agreement should include, at a minimum: the name(s) of the specific works of art you’re licensing; what specific type(s) of product(s) the art will be reproduced on; the producer’s or…
Who cares about art after death?
Turner did: Rothko did. But apart from that question, the Rothko case raises an equally serious and more practical question for artists: how to ensure that their art is dealt with, after death, according…
Can the organiser of an art show subsequently decide to remove a work from the show ?
Yes, and in the absence of a written agreement between you and the organiser, or in the absence of a suitable clause in…
Can I negotiate the lease / licence with my prospective landlord?
You will often be presented with a document described as the landlord’s ‘standard document’, the implication being that its terms and condition are non negotiable. This certainly does not…
What issues should I consider before hiring a space for a group show with other artists?
You should consider agreeing and signing a written contract with the owner of the building in question; and the owner of the building should…
When can I use copyright material without permission?
There are some very limited exemptions in the use of copyrighted material without first seeking the copyright owner’s permission. One exemption, for ‘fair dealing’, allows use without permission for research or non…
What other costs might I be liable for when renting a studio?
There are a number of extra costs that you will be liable for when you rent a studio, exactly as with a residential property. These include electricity, gas,…
One of my works was damaged while on display in a gallery.
Can the gallery deduct any money from the insurance claim as commission? As the work has been damaged while on display, the gallery has neglected their duty of…
What material (film, music, photography, literature etc) do I not need permission to use?
Copyright lasts for the whole life of the creator of the work plus 70 years, passing on their death to their estate or heirs, so a…
How much deposit would I expect to pay?
The landlord will usually ask for a rent deposit. This is a lump sum held by the landlord as security against your not paying future rent, or damage caused during your stay…
Galleries and exhibitions
For a good overview of the gallery / artist relationship and what each party should expect, watch our ArtlawTV film, an interview with Rene Gimpel of Gimpel Fils. How do I get my gallery / dealer to…
What if I want to use an image of a celebrity in my work?
In the UK there are no specific celebrity protection laws, but it is illegal to place the image of any living person within a derogatory context…
How do I get permission to use copyrighted material (film, photography, literature, music etc)?
Normal practice for artists wishing to use copyright protected material in their own new works is to write to the copyright owner, explain what the new work…