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.
Artists’ Selling Power
The film and entertainment industries exercise strong bargaining power over non negotiating artists, or ‘hired hands’, whose marketability remains unproven and relatively low – the powerless majority. However they have had to learn to accept the bargaining…
Droit de Suite (2002)
The Arts Council of England recently published its Research Report on the implementation of a Directive from the European Parliament and the Council of the European Union requiring all 15 Member States to enact legislation to…
Caveat Emptor
In relation to an artwork, what is the meaning of: an original a reproduction an original reproduction a multiple original a print an original print an edition a limited edition and does it matter? Some argue that it…
What do I need to know if I want to use a board game / company name or logo in my artwork?
First, the name of the board game, or associated logos, is likely to be registered as a trademark…
Alison Jackson’s Sven
In the media hype immediately before the start of the 2006 FIFA World Cup, a new film work by UK artist/director Alison Jackson was broadcast on Channel 4, Sven: The Cash, The Coach and His Lovers. Described…
Parliamentary Report: UK Artists’ Resale Right
The committee describes the ARR as a ‘controversial initiative to improve artists’ incomes’, that has been operating in different ways throughout most of Continental Western Europe (where it is known as droit de suite)…
Artists’ right to unemployment benefit
At a time of mass unemployment and world wide recession, how does the unemployed artist fare in the welfare state? Will unemployment or supplementary benefits be paid? Does the state have a duty to meet…
Lofty Ideals
Studio space and living space, separate or combined, is essential and can be very difficult for visual artists to come by. ‘What kind of house is this, ‘ he said. ‘Where I have come to roam?’ ‘It’s not…
ArtlawTV: David Mabb on Art and Appropriation
Art and Appropriation – when does artistic freedom become copyright infringement Artist David Mabb considers works in his practice, including a run in with Magnum Photos and appropriating the work of William Morris.…
Damage to Work
Damage to work can be a real problem, particularly when it’s discovered during a show. Although artists and galleries tend to rely on insurance companies to pay for restoration costs, there have been an increasing number of…
The Momart Fire
At 3.40am on Monday May 24 2004 fire fighters received the alarm call, and the blaze at one of Momart’s warehouses lasted five days. Media coverage was extensive and worldwide, for what was a devastating single act…
One of my works was damaged while on display in a gallery.
Can the gallery deduct any money from the insurance claim as commission? As the work has been damaged while on display, the gallery has neglected their duty of…
Morals, Mores & Minors
Lewis Carroll and Edgar Degas in the 19th Century, Balthazar Klossowski (Balthus) and Robert Mapplethorpe in the 20th Century, and Tierney Gearon and Annalies Strba at the beginning of this century, each produced artworks that were…
Dragon’s Dance
This is the tale of Dragon’s Dance. It is a sculpture by Liliane Lijn sited at the landscaped entrance to a new Marks & Spencer shopping centre at Culverhouse Cross, Cardiff in Wales. ‘Senor, Senor, I can see…
A Developing Global Framework
Copyright laws were created in direct response to the development of industrial technologies that enabled unique paintings and drawings to be copied and mechanically reproduced in multiple numbers. The development of engraving and multiple printing techniques…
What material (film, music, photography, literature etc) do I not need permission to use?
Copyright lasts for the whole life of the creator of the work plus 70 years, passing on their death to their estate or heirs, so a…
Three Short and Unrelated Matters
Three short and unrelated matters are tackled this month: Contractual Relationships, Public Lending Right and Solicitors’ Advertising. Paper Promises How many contracts have you made today? Bet you travelled on a bus, tube, train, bought…
The Rothko Wrangle
ONE A tale of an ill drawn Will and 798 paintings told in two parts. ‘Silence is so accurate’. Mark Rothko once stated in a conversation with Elaine de Kooning. A bitter irony indeed when we consider…