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.
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…
An American in Florence: restoring the moral balance
Professor James Beck, Professor of Art History at Columbia University, prosecuted for the fourth time for criminal libel in an Italian Court, has been acquitted. Restorer Gianni Caponi brought the four actions…
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…
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…
Displaying Student Work
Now that the annual round of degree shows is completed, one particular issue has been very prevalent this season and remains an unclear and often challenging area. Showing students’ artworks to the public can and sometimes does…
Where can I find lists of studio providers?
The main Artquest website has a whole section devoted to artists’ studio providers, including contact details and website links.
One of us must know something (Sooner or Later)
A large brown envelope. It arrived during the summer and had something from the Arts Council of Great Britain about data protection inside. If you or your organisation holds any information…
% for Art Legistaltion
Since the 1982 Art and Architecture conference at the ICA, there has been an enormous growth of local authority policies which aim to encourage collaborative efforts between artists and architects. In 1988, Oxfordshire became the first…
When selling work for reproduction, how can I protect my copyright?
What can I do to ensure that any prints clearly record my signature and details of the work? As part of your copyright in the work, you have moral…
Company
Companies are either limited by shares or by guarantee. This is probably the most popular organisational setup for commercial organisations, but a company can also be set up for a social purpose if it relates to social and /…
Yes Minister, but is it legal?
God help the Minister who meddles with art! Lord Melbourne, Prime Minister; 1837 1841 I would need to be satisfied that standards of artistic excellence will be maintained and enhanced as a result of…
What is a ‘break clause’?
Coupled with the need for security in your property contract is the need for some flexibility, as you may need to leave your studio unexpectedly. Some landlords acknowledge this need for flexibility by incorporating a…
Doing a Deal: Part 3
For reasons stated in Part Two (AM214), gallery less dealers are not a generally recommended agent for promotion and sales. However, there are those few who have succeeded in establishing respectable dealerships with reliable collectors,…
Freedom of Expression: part 1
Most totalitarian regimes have an Official Censor: we don’t. But there are still ways in which public authorities and private individuals and organisations are able to restrict freedom of expression. Striking for the guardians and…
Public Art Commissions: Part 1
In response to many readers’ requests for guidance in relation to public art commissions and the legal issues involved and arising, this piece explores key lessons learned from the experiences gained over many years by…
Who Owns Public Art Commissions?
Following publication in March and April of the two pieces exploring public art commissions (AM 234 and 235) readers’ letters raised interesting and challenging queries. A common thread was the question of ownership of commissioned…
Severance
“'There must be some way out of here', said the joker to the thief, 'there's too much confusion, I can't get no relief. Businessmen they drink my wine, ploughmen dig my earth, none of them along the line know…
F**K
Last month’s Late Item (AM 145), “Three little words’, is reproduced here in full since it succinctly sets out a serious incident which we will explore, in more detail: ‘On March 22, an exhibition of work by the exiled…