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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Knockin’ on Hebborns Door
A new faker king has been crowned. Mama take this badge off of me I can’t use it any more. It’s gettin’ dark, too dark for me to see I feel like I’m knockin’ on heavens…
Public Images
‘Public image, you got what you wanted, public image belongs to me, it’s my entrance, my own creation.’* This week I was approached by Recession Pictures who, despite having a name fresh from Britain in the eighties, have…
Heath and Safety
If you have a studio the Health and Safety at Work Act 1974 will apply to your use of it, as the regulations apply to all places of work, and this includes an artist’s studio. An overview…
Percentage for Art
Come gather round people Wherever you roam* From Ancient China, Classical Greece and Rome, the Renaissance through to the Bauhaus, the collaboration between art and architecture has been a vital, significant and evident feature within society. The…
Freedom of Expression: part 2
In cases of both import and export, what is obscene is a matter for the customs officers, in the first place, and then for a jury to decide; it is not the same as the…
After Sales
The last two articles in this series have dealt with selling work: the use of some written form of agreement was shown to be essential and of considerable advantage to artists and buyers. If the suggested Artist's Contract…