Making Waives

A gallery which advertises a work for sale is allowed to make reproductions without the copyright owners’ permission. But it is not allowed to generally merchandise; catalogues or posters which are subsequently put on sale to the public…

Estates

Three apparently unlinked events were reported in the media during the past month. On closer examination they reveal an interesting common thread: the death on March 4, 2003, of Francis Bacon’s sole beneficiary; recent reports from Romania of further…

Questions of Attribution

Richard Hamilton took part in a discussion, ‘The Legacy of Duchamp’, at Tate Britain in early May 2003. This pointed up many interesting reflections on contemporary visual practice, including the tracing of direct links between the works…

Appropriation of Media

In the endless search for new ideas and forms of expression, artists are increasingly embracing the use of contemporary technologies: the internet, computer hardware and software, film, video, digital cameras and sound recordings. Such new ways of…

What issues should I be aware of if I wish to use photographs in collage / painting?

Where photographic images are used merely as a starting point, and you do not intend that the final image closely resemble the essential…

Between Thought and an Expression

Two different copyright queries have been received, the responses to which should prove interesting and informative. “I was recently commissioned to produce a set of line drawings for a company who wanted to reproduce and…

New UK Legislation Part 1

Significant changes were made to UK copyright law on October 31, 2003, of which copyright owners, licensees, and other would be users of copyright works need to be aware. The Copyright and Related Rights Regulations…

How do I get my gallery / dealer to return unsold works?

You will be in a more difficult situation if the relationship between you and your dealer / gallery has broken down, and if you do not have a…

Claim it From DACS

£300,000 is available to meet artists’ claims for unauthorised use of their copyright works by publishers and broadcasters in the UK. The money has been collected by the DACS, the Design and Artists Copyright Society, which…

Copying by Universities

The new year ushered in several important judicial decisions dealing with artlaw matters, including the Bacon Estate; the Sotheby’s and Christie’s so called ‘price fixing’ case; payments to artists of royalty fees by UK Universities; and Gilbert…

Public Images

‘Public image, you got what you wanted, public image belongs to me, it’s my entrance, my own creation.’* This week I was approached by Recession Pictures who, despite having a name fresh from Britain in the eighties, have…

Knockin’ on Hebborns Door

A new faker king has been crowned. Mama take this badge off of me I can’t use it any more. It’s gettin’ dark, too dark for me to see I feel like I’m knockin’ on heavens…

Up Against the Wall: part 2

Moral Abuses Moral, as opposed to economic, abuse cases are prevalent. One was discussed in last month’s AM issue, and here are some more. Each is a true story. Not satisfied with a completed…

ArtlawTV: Simon Faithfull on Art and Ideas

Art and Ideas – what does copyright law recognise as art? Artists sometimes report their work has been seemingly ripped off and used in other ways without their consent – but what is…

New UK Copyright Provisions from 31 October 2003

The owner of copyright in an original ‘artistic’ work has the exclusive right to copy the work, and issue copies to the public. Please note that this article was not published in…

Is Your Copying Right?

An important and valuable one day seminar entitled ‘Copyright: Is Your Copying Right?’ was recently organised by the Institute of Art and Law, in association with the Art Newspaper and artlaw specialist solicitors Stephens Innocent. The…

Collaborative Works

Tracey Emin’s recent dispute with a north London primary school over the ownership and authorship of an artwork raised an interesting public debate, much of it focusing on the market value of art: ‘A £35,000 Tracey Emin quilt…

Dear Henry…

The recent articles on copyright brought the following correspondence, (genuinely received, but here suitably disguised to safeguard the artists concerned), which provides useful and intriguing illustrations of copyright law in operation. Dear Henry, I wonder if you would…