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.
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,…
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…
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…
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…
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…
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…
US Copyright Protection for UK Artists
It is rare for visual arts copyright cases to end up at court. Even more rare for the trial to be fully conducted and judgment given; most copyright cases are settled out of court.…
Copyright & Resale Right
Harmonisation of the laws of the 15 EU States, aimed at creating a level economic playing field, usually takes years to achieve: it requires at least two successful readings in the EU Parliament, and ratification by…
Postbag
There has been a mountain of correspondence from readers who have written to me, each with a different problem. First, I must apologise for not yet having replied to the less urgent enquirers (I will, shortly); second, let me…