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’ Residencies
At this time of global economic downturn, when governments across the world and especially in developed economies are committing vast sums of public money to prevent unemployment, some money is being ear marked to support artistic endeavour. This…
Second Anniversary Edition
October 1978 marks the second anniversary of the birth of this column and of Art Monthly itself; it also sees the establishment of Artlaw Services Limited, a non profit distributing company limited by guarantee, registered as a…
Charity
A charity is an organisation set up for exclusively charitable purposes, which carries out activities to achieve these purposes. A charity must be set up to help the public and not particular individuals. There are 13 charitable purposes, and the…
Sensation and All That
Do the laws of freedom of speech apply to images? How do laws recognise cultural differences between different countries? Should everything be allowed to be exhibited? If not, how do we regulate? How do politics play…
The Present Status of Artlaw
What is the present status of Artlaw? Jacqueline Morreau is by no means alone in asking this leading question (Art Monthly No. 83, p.25). Since the demise of Artlaw Services in 1983, thousands of people…
‘One for you, nineteen for me’
George Harrison's pre decimalisation crie de coeur is everyone's concern, particularly at this time of the year and especially in the arts when organisations and individuals are busy making up and presenting, accounts and…
Art and Architecture
The art and architecture debate continues, with priority being given to the encouragement of collaboration and the desirability of obtaining large scale architectural commissions. The actual execution of this sort of work is less discussed, and could…
Sittin’, thinkin’, sinkin’, drinkin’
Sittin’, thinkin’, sinkin’, drinkin’, Wondrin ‘ what I’ll do when I’m through tonight. Smokin’, mopin’, maybe just hopin’…* It’s all very well being a fly on the wall, but you don’t often get a chance to…
Of ha’pennies and cakes – servicing public arts development
Deja vu was the last thing I expected to experience when I went to Leeds last month to contribute to the Public Arts seminary ‘Commissions and Contracts’ – a one day…
Flavin’s Fittings
In 1928 a US Customs Court in New York ruled that Brancusi’s sculpture Bird in Space, 1923, was a work of art, not an ‘article of utility’, which US Customs had decided it was. US photographer Edward Steichen…
Dear Worried Brown Eyes
This month, I have chosen some of the most prevalent artlaw queries to deal with, in the hope that a wider readership will benefit from the answers given. Social Security and Grants “I wonder if you…
ArtlawTV: Ben White and Eileen Simpson on A Cultural Commons
A Cultural Commons – alternative approaches to copyright and the distribution of material Ben White and Eileen Simpson created the Open Music Archive to distribute music that no longer has…
What should I be aware of when working with public or private commissioners?
When working with either public or private commissioners, it is important to have a good working relationship and a sound contract or letter of agreement clearly stating…
Can the body commissioning an artwork subsequently terminate the agreement?
Invariably when undertaking a public commission you should have a written agreement with the commissioning body before you undertake any work. Unless the agreement specifically addresses the possibility of the…
How do I get permission to use copyrighted material (film, photography, literature, music etc)?
Normal practice for artists wishing to use copyright protected material in their own new works is to write to the copyright owner, explain what the new work…
Moral Rights: Artists have got ’em
A vandalised painting exhibited by a gallery, a sculpture dyed black by a visitor, an artwork altered and published bearing a false signature – recent months have seen a number of these artists’ horror…
Ignorantia Lex Non Fit Defensia
Copyright in the visual arts is the inherent right of a creator over his/her artistic work to prevent other people copying that work. I received a novel and remarkable press release last month, issued by…
Copyright and Moral Rights: New Legislation (moral rights)
This article explains what are Moral Rights. On August 1, 1989 the Copyright, Designs and Patents Act 1988 comes into force. In March, we began a three part exploration of key changes…