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.
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…
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…
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,…
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 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…
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…
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…
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…
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…
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…