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 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.…
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…
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…
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…
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…
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…
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…
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…
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…
Studios
Studios Can I negotiate the lease / licence with my prospective landlord? What counts as an affordable rent? How much deposit would I expect to pay? What other costs might I be liable for when renting a studio? What…
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…
Art Online
Many myths abound, and there is much ignorance and misunderstanding about the use of images online and the sale of works using e commerce. What are the key issues involved, is there any legal protection and have any…
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…
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…
Copyright Protection Abroad
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); what…
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…
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…