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.
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…
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…
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…
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…
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…
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 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…
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…
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…
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 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…
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 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…