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.
The Artists’ Campaign for Droit de Suite
On 17 May 1993 a unique and important meeting was held to give artists the chance to hear about droit de suite (the visual artist’s resale royalty right) and form their own views…
What legal issues should I be aware of if I want to include cartoons in my work?
Animation and film companies will generally fiercely guard against unauthorized use of their intellectual property such as images of cartoon characters, particularly when these…
Self-Expression and the Law
On Tuesday 25 October 1977 Kerry Trengove was sealed inside a 15ft x 10ft breeze block bunker on the ground floor of the Acme Gallery in Covent Garden. He then dug a 3ft sq. hole to…
Art Law Introduction
Visual artists, like any other members of the community, are subject to the ordinary laws of the land, but many are often unaware of the significant role the law plays in their working lives. Major problems are…
What legal issues surround the use of legal tender, i.e. notes and coins, in my artwork?
There are specific rules and criminal penalties for the misuse of monetary notes and coinage, and you should refer to the Royal Mint’s own…
Global Art Business
This first column of 2008 responds to many readers’ requests to explore key business issues faced by both artists and art business professionals conducting their practices/businesses internationally. The Peoples Republic of China joined the World Trade Organisation…
Commissioning an Artist
Commissioning an artist to create a work is one of the earliest forms of art activity and one of the most obvious legal relationships an artist enters into: a commission agreement is a contract by which the…
How can I prevent unauthorised use of images of my work that are published on the Internet?
One practical safeguard is to keep images of your work on the Internet in low resolution, as this generally makes them unsuitable for…
The Artist’s Resale Right Regulations 2006
On December 15 2005, the final draft of the Artist’s Resale Right Regulations 2006 were placed before parliament by the UK government for approval by resolution of each House of Parliament, with the aim…
Is there Life after Art School?
The cuts in part time art school teaching is one of the most myopic acts of vandalism ever committed by the establishment in recent years: shortsighted it surely is. The custom of inviting practising…
Originality
Last year’s Turner Prize controversy was pure artlaw territory and deserves closer examination. It concerned one of four short listed artists, Glenn Brown and his large canvas Loves of Shepherds, 2000. Full colour reproductions of the work were splashed…
The Way Forward?
‘Any government, whatever its political line, should take some active steps to encourage the arts. The task of a Minister for the Arts is to help to create and preserve a framework within which the arts can…
Parliamentary Report: The Market for Art
The introduction into UK law from January 2006 of the Artists’ Resale Right saw a flurry of activity and media coverage early in 2005 including newspaper articles, radio programmes, letters to national newspaper editors,…
International Foundation for Art Research: IFAR
The Internet continues to advance and develop the provision of high quality, free access information. IFAR is one such excellent and authoritative resource, for current and historical information about art business throughout the world.…
Vexing Art Toll?
VAT is an accountancy nightmare but, handled properly, can be turned to good advantage – even for artists. Myths abound; perhaps they can be dispelled. Let’s try. Every artist should ask the following questions: Do I carry…
Artists Resale Right
Half a dozen pieces over three decades mark the progress of artists' resale royalty right legislation in Europe, California and the UK. A campaign by artists lobbying for the introduction of this economic right in the UK…
Nothing is Forever
It seems that the number of artists whose works suffer minor indignities or major censorship at the hands of the powerful will continue to increase until kingdom come. But nothing, as Pat Lally observed, is forever. Pat…
Court Cases
It is unusual for there to be a sufficient number of artlaw cases to report between Issues, but this month there is a wealth of them. Duchamp’s urinals In 1998 a French artist, Pierre Pinoncelli, committed criminal damage…