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.
Gormley on the Beach
Antony Gormley’s Another Place, 1997, has become the focus of extensive media attention centring on recent decisions made under UK planning law that will require his public artwork to be removed from its current and temporary…
Can I negotiate the lease / licence with my prospective landlord?
You will often be presented with a document described as the landlord’s ‘standard document’, the implication being that its terms and condition are non negotiable. This certainly does not…
Space Race: Part 2
Development Consultants David Powell is an independent property consultant and offered constructive perspectives and advice. There are 250 studio organisations in the UK, together offering 10,000 studio spaces, with as many artists again on their waiting…
Infinity goes up on Trial
The visual art market place has two essential facets, distinct but clearly interrelated, especially over recent generations: exhibiting and selling. Dealers usually occupy ‘gallery’ premises: partly for their principal object (making profits from sales); partly…
Sellers, Buyers and Auctioneers Beware
London is arguably the world’s leading art auction location, and the oldest. Sotheby’s was established in 1744, Christie’s in 1796, Bonham’s in 1793 and Phillips in 1796. The legal and business framework for auctions in…
A Tax on Art Schools
Art education has undergone radical changes in recent years not just in the content of courses but also in the funding and administration of the colleges themselves. In fact, few art schools exist as such,…
DACS
‘New society for visual artists to protect their copyright and collect their copyright dues in the UK and worldwide.’ No kidding; and, what’s more, it’ll only cost £15 per year! The purpose of this piece is to persuade every…
Technology vs Copyright
May 1994 sees the launch of the Crafts Council Picture Bank – the first publicly accessible computer library of contemporary craftwork. Visitors will be able to walk into the Crafts Council, sit down at one of the…
Is it true is it OK to use short excerpts of music / film without infringing copyright?
It is myth that the use of short musical sequences, of say under 20 seconds, is exempt from copyright regulations. It is a…
What issues should I consider before hiring a space for a group show with other artists?
You should consider agreeing and signing a written contract with the owner of the building in question; and the owner of the building should…
When can I use copyright material without permission?
There are some very limited exemptions in the use of copyrighted material without first seeking the copyright owner’s permission. One exemption, for ‘fair dealing’, allows use without permission for research or non…
Public Art Liabilities
Within four days of the opening to the public of Ai Weiwei’s interactive installation, Sunflower Seeds, 2010, at Tate Modern, the public was prevented from walking on 100m handcrafted life sized porcelain sunflower seed husks spread over…
Commissions and the responsibilities they bring, part 2
The answer to last month's poser (your commissioned art work sited in a public place falls down and injures someone five years after installation; are you responsible?) is: yes. 'Don't bring me…
Resale Royalty
Why Resale Royalties? The California Resale Royalties Act took effect on January 1, 1977 and gives visual artists the right to participate in any profit derived from their works of fine art. It is the first piece of…
Holography
Twentieth century visual artists’ propensity for introducing modern technology into their creative processes not only poses problems for traditionally minded perceivers, but also in other even more conservative areas – especially the law. Because something is happening here But…
Information and Advice to the Visual Arts: Getting the Network Working
In May 1990, AN Publications (Artists Newsletter) carried out market research into the needs of artists and arts administrators. The results make it clear that the needs of artists…
Dear Editors
I must apologise for not having produced my regular column this month – the first time in three years. The fact is that we’ve been under so much pressure at Artlaw that there’s been no time to sit…
Mapplethorpe
Much heat and hype has been generated by the media in recent months over the Hayward Gallery’s decision to self censor two works from the Mapplethorpe retrospective. The purpose of this piece is not to fuel any flames, but…