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.
Collaborative Works
Tracey Emin’s recent dispute with a north London primary school over the ownership and authorship of an artwork raised an interesting public debate, much of it focusing on the market value of art: ‘A £35,000 Tracey Emin quilt…
Dear Images
Dear Images: art, copyright and culture, eds Daniel McClean and Karsten Schubert, ICA and Ridinghouse, London, 2002, 503pp, b/w illus, pb, £25, 0 9541710 2 0. This is a tremendously good book. It is also very useful. Useful…
Dear Henry…
The recent articles on copyright brought the following correspondence, (genuinely received, but here suitably disguised to safeguard the artists concerned), which provides useful and intriguing illustrations of copyright law in operation. Dear Henry, I wonder if you would…
Credit Where It’s Due?
Marcel Duchamp and Andy Warhol met in New York City – firstly only to shake hands, in May 1963, outside the Museum of Modern Art where both were entering the opening of the show ‘Americans 63′.…
How can I protect live events and performance work under copyright law?
Copyright is hard to enforce for live events or performance, since the same or similar work taking place in a different context can be construed as being a…
Contracts with Galleries
Artists leave works with galleries under the most flimsy and informal arrangements. Rarely are written agreements used to tell both sides where they stand, and as a result serious problems can and do arise: work is sold…
Publication Right: The New Right
On December 1 1996 a new intellectual property law was passed in the UK which will give galleries, museums, public and private collectors and exhibitors a new economic power over artworks in their possession: Publication…
Joint Enterprise
During the 40 years following the Boyles’ partnership, increasing numbers of visual artists in the UK have chosen that way of working. ‘Boyle Family’ is a retrospective exhibition marking the 40th anniversary of Mark Boyle and Joan Hills’…
Copyright: A Suitable Case for Reform
Old Copyright law. ‘Who is going to achieve change? Not the Arts Council, not the RAAs, not the artists’ groups, not the arts organisations not the art schools, not the dealers and collectors; not…
An Inspector Calls
A Metropolitan Police Inspector called upon the Saatchi Gallery in North London last month, ordered the removal of two artworks and a publication related to the exhibition ‘I am a Camera’, and threatened prosecution for failure to…
The Next Moves Forward, part 1
For the third time in eight years, I set myself the task of examining the newly elected Government’s past achievements and future policies in relation to the visual arts. In my reviews of 1979…
Shopping Lists
On May 14th 1979, the newly elected Government will begin to plan its legislative programme for the next five years. Should the Arts Community require the introduction of legislation during this period, then discussion debate and formulation of…
About the author
All articles in the Artlaw section have been written by Henry Lydiate. Henry Lydiate is a legal and business consultant specialising in the creative arts. He is an experienced lawyer, manager, strategist and change specialist with a…
Nightmare of Planning Laws: Westminster City Council V Time Life
Westminster City Council and publishers Time Life are currently heading towards a unique legal dispute over artworks at the Time Life building in New Bond Street, London. It involves a…
An Inspector May Call Again
Readers may recall our report and commentary (AM 245) on the Metropolitan Police Service’s threat to prosecute the photographer Tierney Gearon for showing allegedly indecent photographs of her children in the ‘I am a camera’…
Theft, Lies & Videotape
It is trite, but true, to say that the marketplace has become global in its scope and access has become virtually instant. The visual art marketplace now shares many more common technological features with, say, the…
What health and safety considerations are there?
Health and safety issues are often dealt with in a separate document called ‘the tenant’s handbook’. Make sure you receive a copy of this and that any issues not addressed in your lease…
Disclaimers
An artist recently raised an important question about leaving work with a gallery who had insisted on disclaiming liability for taking care of the work whilst in their possession. You say you never compromise With the mystery tramp but…