Sculpture Competitions
Some interesting and important issues arise around the enduringly popular artists’ competition format. Many sculpture ‘competitions’ contain this word in their title, but some are promoted as ‘prizes’ or ‘awards’ or ‘contests’. What exactly has an artist won…
Public Art and the Law
Architects’ collaboration with artists and craftworkers has been the subject of serious debate and some activity over the past five years. The ‘art and architecture’ movement in the U.K. started with the 1982 ICA Conference,…
Doing a Deal: Part 1
Selling work is the primary source of income for most commercially successful artists, and is the strongest aspiration of most of those for whom a market place is not established. It is no surprise that…
Ballad of a Widening Wedge
Just because an agreement is in writing, freely signed by the parties, does not necessarily mean its words alone will bind them at law, in whole, in part, or at all. THE FIRST CASE Conservation…
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…
Orphan Works 2
On 29 October 2014 the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 came into force to create a new UK scheme for licensing use of orphan works of all creative artists. Orphan artworks…
Artist’s Resale Right: Ten Years After
‘It is a well known melancholy truth that the tribe of auctioneers, connoisseurs, and picture dealers have monopolised the trade of pictures, and made it a matter of ridicule to purchase any modern production,…
What does creating an Inventory or Catalogue Raisonné involve?
The inventory should relate to all works of art, copyright (the artist should be aware that unless there is an agreement to the contrary, he/she will have retained copyright ownership in…
VAT for artists
Value Added Tax (VAT) is a tax charged through a business on their products and services. You only need to register to collect VAT if your income is over a certain amount. Most artists will not need…
When Collaborators Turn
Marina Abramović is being sued for breach of contract by her former artistic collaborator Ulay over works they jointly created when working and living together in Amsterdam for a dozen years: Relation Works, 1976 1988. This lawsuit…
Moral Lights
Appropriation – without a capital ‘a’ – of images by artists has been common practice throughout art history. Artists whose images are appropriated can and do use national and international copyright laws to take legal action against unlawful…
If I sell artwork through a gallery based abroad, can they deduct ‘withholding tax’ on my earnings?
‘Withholding tax’ is an amount held by the party making a payment to a payee, which will be paid to the taxation authorities.…
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…
Global Thinking
Artists’ bargaining power in the global art ecosystem is weak or non existent because the vast majority operate as freelance solo practitioners and, unlike other creative artists, visual artists only occasionally collectivise to create common or shared interest…
Film and Video
The Whitechapel Gallery’s current survey show ‘Electronic Superhighway 2016 1966’, is a reflection of the extent to which digital media are now being used by increasing numbers of visual artists, especially as the costs of equipment have…
Conservation
Deterioration and degradation of contemporary art increasingly concerns specialists in the field of conservation and restoration. Such experts are being asked for advice and assistance from key actors – including artists – in the art ecosystem, about work made…
Christoph Büchel v Mass MoCA
In September 2007 a US court gave judgement in an unprecedented case that focused on the meaning of authorship. It concerned an installation, Training Ground For Democracy, commissioned by the Massachusetts Museum of Contemporary Art…
Banking on Trust
‘Men keep their agreements when it is an advantage to both parties not to break them’. This ancient saying by Solon, one of the Seven Sages of Greece, still resonates today in the arena of deal making…