The Values of Insurance

Valuing artworks for any purpose can be a headache. Firstly, there is what might be termed intrinsic value – many hours can be enjoyed arguing on an intellectual basis, but there is no universally applicable magic…

Commissioning an Artist

Commissioning an artist to create a work is one of the earliest forms of art activity and one of the most obvious legal relationships an artist enters into: a commission agreement is a contract by which the…

Doing a Deal: Part 3

For reasons stated in Part Two (AM214), gallery less dealers are not a generally recommended agent for promotion and sales. However, there are those few who have succeeded in establishing respectable dealerships with reliable collectors,…

Public Art Commissions: Part 1

In response to many readers’ requests for guidance in relation to public art commissions and the legal issues involved and arising, this piece explores key lessons learned from the experiences gained over many years by…

Who Owns Public Art Commissions?

Following publication in March and April of the two pieces exploring public art commissions (AM 234 and 235) readers’ letters raised interesting and challenging queries. A common thread was the question of ownership of commissioned…

Severance

“'There must be some way out of here', said the joker to the thief, 'there's too much confusion, I can't get no relief. Businessmen they drink my wine, ploughmen dig my earth, none of them along the line know…

Private Commissions and the Law, part 2

The formula for heaven’s very simple, Just follow the rules and you will see. And as life travels on, And things do go wrong, Just follow steps one, two and three. This month…

Shelter from the storm

Not a word was spoke between us, There was little risk involved. Everything up to that point Had been left unresolved* Last minute cancellation of one off exhibitions on grounds of taste is not new. Sometimes…

Polaroid: The Gift That Doesn’t Keep Giving

Clear and unambiguous documentary evidence of such gifts is needed for the recipient to be sure that the object received was a gift after all – and the reason it was given. These…

Foreign Affairs

This article written in 1981 raises many still relevant issues on applying for Opportunities. The American Painters in Paris Exhibition fiasco, raises serious artlaw questions. Starting from the beginning, the nine page booklet/seduction package makes interesting reading. Put…

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…

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…

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…

Down in the Flood

Well, it’s sugar for sugar And salt for salt, If you go down in the flood, It’s gonna be your own fault. * Or is it? The Conditions of Entry said: ‘Works submitted for consideration are…

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…

Public art commissions and the law

An artist commission is when artist is paid to create a new piece of work. It’s important artists understand their legal rights when undertaking a commission. A commission might take the form of Commissions…

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…