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.
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…
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…
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…
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,…
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 /…
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…
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…
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…
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…
What can I do to protect my work from being copied when I submit a prototype to a potential buyer?
It is always sensible to assert your copyright when submitting designs or artwork anywhere and for any reason, including applications…
Freedom of Information
Commission fees paid to artists by public sector organisations in the UK must be disclosed to anyone requesting such information, according to a recent decision made by the Information Tribunal operating under the provisions of the UK’s…
Worldwide, and Droit Moral
Copyright protection in the United Kingdom was dealt with last month, by explaining the nature of copyright (it only applies to ‘artistic works’ and ‘works of artistic craftsmanship’); who owns the copyright (the author, at first);…
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…
Shelter from the storm
Not a word was spoke between us, There was little risk involved. Everything up to that point Had been left unresolved* Last minute cancellation of one off exhibitions on grounds of taste is not new. Sometimes…
The Bacon Estate (2)
On February 6, 2002, the High Court in London dismissed the claims brought by Brian Clarke against the Marlborough Gallery, on behalf of the Estate of Francis Bacon, who had decided not to pursue the matter.…
Advertising and marketing art: Copyright confusion
If a work of art is on display, for sale or simply on public viewing, can the gallery owner or administrator reproduce it, in a catalogue, on a postcard or on a flyer without…