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.
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…
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…
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…
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…
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…
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…
Oh! My Precious
One fine day composer John Casken arose to discover that he had won the first Britten Award for composition worth £10,000. He won the money for Golem, a work for eight singers accompanied by 11 instrumentalists and…
Percentage for Art: UK OK?
February’s column covered the numerous Percentage for Art schemes which have been developed in America and Europe during the past fifty years. Whether or not something is to be done in this country is a…
What can I do if my work is damaged after submitting it to a third party, such as a dealer?
As well as the specialist insurers listed on Artquest, a n, Axisweb and the Society for All Artists provide insurance…
Tate Da Vinci Code Pollock
the publishers of The Da Vinci Code have successfully defended a breach of copyright claim against them in London's High Court, and the Pollock Krasner Foundation is currently in dispute with a Jackson Pollock expert…
Copyright Law
The law of copyright is vast and complicated: what follows is a brief outline of the law as it affects visual artists who should seek professional legal advice on any problems they may have. What is copyright? Copyright…
What other costs might I be liable for when renting a studio?
There are a number of extra costs that you will be liable for when you rent a studio, exactly as with a residential property. These include electricity, gas,…
Private Investigations
It’s a mystery to me – the game commences for the usual fee – plus expenses confidential information – it’s in a diary this is my investigation – it’s not a public inquiry* Back from the motorway the…
Supplementary Benefit
Supplementary benefit is for those whose resources are insufficient to meet their requirements. Last month we looked at artists’ entitlement to unemployment benefit and their duty to make National Insurance contributions; now we must consider artists’ rights to…
Taxation of Prizes and Grants
Booker, Whitbread, Turner, John Moores – are the winners of those prizes liable to pay income tax? What about other minor awards and prizes given by public and private donors? What about competitions,’buying time’ awards,…
Space Race: Part 1
Tate Modern recently hosted a national conference profiling the role of studio and workspace provision for artists in the UK. ‘Creating Places’ was jointly funded by Arts Council England (ACE), the Cultural Industries Development Agency (CIDA),…