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.
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…
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…
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…
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…
Private Commissions and the Law, part 2
The formula for heaven’s very simple, Just follow the rules and you will see. And as life travels on, And things do go wrong, Just follow steps one, two and three. This month…
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.…
Polaroid: The Gift That Doesn’t Keep Giving
Clear and unambiguous documentary evidence of such gifts is needed for the recipient to be sure that the object received was a gift after all – and the reason it was given. These…
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…
What can I do if my work is used without my permission?
Do not automatically assume that your copyright has been infringed. Under the copyright laws of the UK and most other countries, works protected under copyright law can be…
Tyson, Hirst and Hogbens Dunphy
Reliable evidence of the way living artists work with dealers to develop their careers has always been hard, if not impossible, to find. There is an understandable reluctance of both artists and art market professionals…
What should I include in a licensing agreement?
A licensing agreement should include, at a minimum: the name(s) of the specific works of art you’re licensing; what specific type(s) of product(s) the art will be reproduced on; the producer’s or…
Foreign Affairs
This article written in 1981 raises many still relevant issues on applying for Opportunities. The American Painters in Paris Exhibition fiasco, raises serious artlaw questions. Starting from the beginning, the nine page booklet/seduction package makes interesting reading. Put…
Drawing the Line
Because one figure was undressed This little drawing was suppressed. It was unkind, but never mind, Perhaps it was all for the best. * Ms Jennifer Rock was shocked when I answered the phone, especially on a…
Up Against the Wall: part 1
‘I am told that you have a thorough knowledge of the subject of artistic copyright. And write to ask if you would be so kind as to give some advice on the subject. I…
Who cares about art after death?
Turner did: Rothko did. But apart from that question, the Rothko case raises an equally serious and more practical question for artists: how to ensure that their art is dealt with, after death, according…
Can the organiser of an art show subsequently decide to remove a work from the show ?
Yes, and in the absence of a written agreement between you and the organiser, or in the absence of a suitable clause in…
Rothko Revisited
There occurred in Sandy, London, Cardiff and Anglesey last month an important event for the visual arts which went largely unnoticed. That brief statement – rather like the ‘Who, When, Where, Why?’ newspaper adverts – hardly tells the…
Copyright and Moral rights: New legislation (part 2)
Last month, we began to examine the new copyright law (contained in the Copyright Designs and Patents Act of 1988) which will come into force in May or June 1989 looked at…