Artists’ Estate Management

During their early careers, planning for posterity is a low priority for most artists. But as careers develop, especially if market and/or critical successes are achieved, what should happen to works after death becomes an increasingly important…

The Artist’s Estate

A tale of an ill drawn Will and 798 paintings was told in this column 40 years ago following a New York State court’s 1975 decision in favour of Mark Rothko’s children, who had contested their father’s…

40 Years On

From the inaugural issue of Art Monthly in October 1976 to date, this column has been published regularly. Its original raison d’être was driven by the then marked absence of available resources on art law, in particular…

Guides to Interpretation

The complicated issues of how legal frameworks impact on artistic freedom of expression are explored in a new series of guides covering counter terrorism, public order, child protection, race and religion, and obscene publications. The series, badged…

Suing Art Experts

Last month’s consideration of art after death suggested that artists might adopt straightforward and sensible practices to authenticate and inventorise their works, to avoid difficulty and complication after death as well as during their lifetimes. This month…

Death of an Artist

Artistic legacies emerged as a theme in art news reports towards the end of 2013. For example, UK courts ruled that drawings sold as Francis Bacons were inauthentic, and US court documents revealed that 35 paintings…

The Bacon Estate (1)

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…

Your legal rights as an artist

As an artist, you have specific and well established legal rights. It’s important to know what these when you start out in the art world. Key legal issues that you should be aware of…

Management of Creativity

There once was a man who said God Must think it exceedingly odd If He Finds that this tree Continues to be When there’s no one around in the Quad (Mgr Ronald Knox) Train journeys can be…

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…

Censorship

Time, place, social values and mores are the themes of these pieces, as they explore specific incidents where artworks have been the subject of threatened or actual 'censorship' These works, and/or their authors or curators were subjected to legal…

Freedom of Expression: part 2

In cases of both import and export, what is obscene is a matter for the customs officers, in the first place, and then for a jury to decide; it is not the same as the…

Attribution of Authorship: Warhol

On 15 January 2010 another federal lawsuit was filed in New York City against The Andy Warhol Art Authentication Board. The first lawsuit was filed in 2007 by a London based collector, Joe Simon; the recent…

Law Online: Artquest

From April 2003, the Artlaw articles published in this column over the past 26 years will be available online at www.artquest.org.uk. Artquest was established in December 2001 to provide advice and information to London’s professional visual artists…

Artlaw Services – A National Legal Service for the Arts

It is not widely remembered that William Hogarth, amongst his many other achievements, was the prime sponsor of a copyright statute, the Engravers' Copyright Act of 1735 – better known…

An Inspector Calls

A Metropolitan Police Inspector called upon the Saatchi Gallery in North London last month, ordered the removal of two artworks and a publication related to the exhibition ‘I am a Camera’, and threatened prosecution for failure to…

An Inspector May Call Again

Readers may recall our report and commentary (AM 245) on the Metropolitan Police Service’s threat to prosecute the photographer Tierney Gearon for showing allegedly indecent photographs of her children in the ‘I am a camera’…

About the author

All articles in the Artlaw section have been written by Henry Lydiate. Henry Lydiate is a legal and business consultant specialising in the creative arts. He is an experienced lawyer, manager, strategist and change specialist with a…