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 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…
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…
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…
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…
ArtlawTV: Susanna Heron on Site Specific Art
Site Specific Art – protecting the artist’s vision Artist Susanna Heron (see also: Flickr sets) talks through her experiences of being commissioned on public art projects, the pitfalls she encounters and how to…
What kind of access can I expect in a studio or property?
The use, access and management of a property are key issues that can often be overlooked by artists when negotiating a contract. For example, if you have a…
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…
Up Against the Wall: part 2
Moral Abuses Moral, as opposed to economic, abuse cases are prevalent. One was discussed in last month’s AM issue, and here are some more. Each is a true story. Not satisfied with a completed…
VAT of confusion
There is much confusion over the new VAT rules due to come into force on January 1st 1993 as part of the European Single Market. Artlaw has been trying to unravel a complex and developing situation with…
Breaking the Rules
As an art lawyer, Warhol’s death provoked in me serious thoughts about art and money, including the rules of the marketplace. Between thought and expression Lies a lifetime. * And though the rules of the road have…
Gallery Agreements
Artists – grateful for the offer of a ‘gallery deal’ – are understandably reluctant to request the use of a written agreement during negotiations, since this might jeopardise their chances. In this column during the past months, the…
New UK Copyright Provisions from 31 October 2003
The owner of copyright in an original ‘artistic’ work has the exclusive right to copy the work, and issue copies to the public. Please note that this article was not published in…
ArtlawTV: Simon Faithfull on Art and Ideas
Art and Ideas – what does copyright law recognise as art? Artists sometimes report their work has been seemingly ripped off and used in other ways without their consent – but what is…
Law Online: Artquest
From April 2003, the Artlaw articles published in this column over the past 26 years will be available online at www.artquest.org.uk. Artquest was established in December 2001 to provide advice and information to London’s professional visual artists…