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.
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…