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.
Estates
Three apparently unlinked events were reported in the media during the past month. On closer examination they reveal an interesting common thread: the death on March 4, 2003, of Francis Bacon’s sole beneficiary; recent reports from Romania of further…
Making Waives
A gallery which advertises a work for sale is allowed to make reproductions without the copyright owners’ permission. But it is not allowed to generally merchandise; catalogues or posters which are subsequently put on sale to the public…
Censorship
Time, place, social values and mores are the themes of these pieces, as they explore specific incidents where artworks have been the subject of threatened or actual 'censorship' These works, and/or their authors or curators were subjected to legal…
Questions of Attribution
Richard Hamilton took part in a discussion, ‘The Legacy of Duchamp’, at Tate Britain in early May 2003. This pointed up many interesting reflections on contemporary visual practice, including the tracing of direct links between the works…
Life After Art School
Art school education was first publicly funded in the UK during the reign of King Charles 1 in the 17th century, and developed in the 18th century through the establishment of academies of art supported by…
Appropriation of Media
In the endless search for new ideas and forms of expression, artists are increasingly embracing the use of contemporary technologies: the internet, computer hardware and software, film, video, digital cameras and sound recordings. Such new ways of…
New Labour Arts Policies
This issue will be the last before the forthcoming General Election and so, as we have done over the past 20 years, we will try to explore the likely policies of the party that looks most…
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…
Between Thought and an Expression
Two different copyright queries have been received, the responses to which should prove interesting and informative. “I was recently commissioned to produce a set of line drawings for a company who wanted to reproduce and…
The Boyle Family
Mark Boyle interviewed by Henry Lydiate Henry Lydiate’s Artlaw Column appeared in the first issue of Art Monthly when he first met Mark Boyle and his family. To celebrate the 10th anniversary of Artlaw and the opening…
Dealing in Fakes
Since the criminal prosecution of the late and celebrated Tom Keating in the 80s, the UK has not experienced serious allegations of sales of forged or counterfeit artworks although there was in recent years an allegation made…
New UK Legislation Part 1
Significant changes were made to UK copyright law on October 31, 2003, of which copyright owners, licensees, and other would be users of copyright works need to be aware. The Copyright and Related Rights Regulations…
Constitutions
A constitution is simply a document laying out and explaining the governing rules and aims of an organisation. It also explains the form of the organisation and the limts of its power. This is a list of the most…
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…
Claim it From DACS
£300,000 is available to meet artists’ claims for unauthorised use of their copyright works by publishers and broadcasters in the UK. The money has been collected by the DACS, the Design and Artists Copyright Society, which…
Copying by Universities
The new year ushered in several important judicial decisions dealing with artlaw matters, including the Bacon Estate; the Sotheby’s and Christie’s so called ‘price fixing’ case; payments to artists of royalty fees by UK Universities; and Gilbert…
Paper Promises, part 2
Part I last month began to deal with exhibition and selling work, one off and generally, responding to five questions posed by a newly established gallery administrator. Part II concludes by giving check lists of points…
Riding the D-Train (part 2)
A perennial problem has arisen, partly because inspectors generally regard part time teaching as a contract of service, taxable under Schedule E. Part time Teaching: Problems and Solutions A perennial problem has arisen, partly because…