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.
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…
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’…
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…
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…
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…
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…
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…
Art and Money
Warhol's US dollar bills were sold for more than their denominational value; and Duchamp paid his dentist's bill by drawing a 400F note which was accepted in payment. What do you think of the new £5 note?…
Gift Aid: an Arts Boon?
October 1 1990 saw the start of the scheme known as Gift Aid which was announced by the Chancellor the previous March. The simplicity of the scheme and its benefits have yet to be taken…
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…
The ACME of Artlaw
The general public does not generally think of the law as a creative tool but rather as something to be avoided at all costs – except perhaps when buying residential property or making a will. In…
Privacy
What if I want to include information about other people in my artwork? What if I want to use an image of a celebrity in my work? If I use a pseudonym for my art can I sign documents…
The State of Play
Heard any good myths lately? Try these for size. ‘I thought Henry Lydiate was a middle aged rich solicitor, with a plush office in the Strand, who makes lots of money out of artists.’ or: ‘Why…
Co-operative
This is a popular structure for community groups, as it shares the responsibility of running the group between members who all have equal rights and shares in the organisation. A co operative is defined by constitution, and may allow…
Power Plays: Chimes of Freedom
The attempted censorship of the Power Plays exhibition at the Ferens Art Gallery by Hull City Council in October raises issues of the greatest importance. An explanation of its legal facets will enable us to…
Partnership
Unlike a limited company, a partnership has no legal existence distinct from the partners themselves. If one of the partners resigns, dies or goes bankrupt, the partnership must be dissolved – although the business can still continue. A partnership…
Soul Trading
The classic ‘who, where and how’ of marketing, to which Nich Pearson implicitly referred last month (Art Monthly No 95, p.9) when bemoaning the absence of vigorous professional marketing in the visual arts in recent years, inspired serious…
Cell Block
Dear Prisoner 035178 You will have wondered why you failed to receive your April copy of Art Monthly (#235), which was posted to you as usual last month. It was received at the prison on April 20, but…