Loans and finance
Loans, overdrafts, credit cards, mortgages, micro loans are all forms of ‘debt finance’. Money is borrowed from a lender then repaid over a period of time, usually with interest. The total amount repaid is always more than…
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…
Gallery Agreements
Artists – grateful for the offer of a ‘gallery deal’ – are understandably reluctant to request the use of a written agreement during negotiations, since this might jeopardise their chances. In this column during the past months, the…
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…
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…
Commercial gallery relationships
Commercial galleries are businesses that aim to sell art. It’s important to understand their motivations, their staff and practices. This will help negotiate a mutually beneficial agreement. Reflection Before you begin your hunt for a gallery reflect…
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…
Unincorporated Association
An unincorporated association is a legally recognised form of organisation, and the easiest to set up. It is formed of a number of individuals – who are each responsible for their own tax arrangements, perhaps under self employment…
Shamrock Organisations
Gustave Courbet’s huge 20ft wide by 12ft high oil painting, The Painter’s Studio (A Real Allegory of Seven Years of My Life), 1855, represents among other things his view of the (then) new role of the artist 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…
What should I do if my dealer / gallery goes bust?
If you have been dealing with a dealer who has gone bankrupt you will need to contact his or her trustee in bankruptcy. Your claim will rank behind that…
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…
Dear Images
Dear Images: art, copyright and culture, eds Daniel McClean and Karsten Schubert, ICA and Ridinghouse, London, 2002, 503pp, b/w illus, pb, £25, 0 9541710 2 0. This is a tremendously good book. It is also very useful. Useful…
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…
Credit Where It’s Due?
Marcel Duchamp and Andy Warhol met in New York City – firstly only to shake hands, in May 1963, outside the Museum of Modern Art where both were entering the opening of the show ‘Americans 63′.…
Mum’s the Word
Artworks are sometimes conceived which deliberately incorporate the law as an intrinsic element in the piece or its exposition: Christo’s Running Fence could only be realised by the artist successfully negotiating the right to place his fence…
If two or more artists collaborate on a work of art, which one of them will own the copyright?
Who will own the copyright of the finished work? In the absence of a written contract between the artists, specifying who…