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…

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…

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′.…

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…

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…

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 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…

Contracts as easy as ABC: A Users Guide

This article provides simple and useful information on how to use Contracts. AGREEMENT Often the word agreement is used loosely to mean a contract. However, an agreement will only be a legally…

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…

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…

Sponsorship for artists

Sponsorship is when a business or company supports an artist. For established galleries, sponsorship looks like high profile exhibitions funded by big private companies. It’s a different story for individual artists looking to secure such support. This…

Contracts with Galleries

Artists leave works with galleries under the most flimsy and informal arrangements. Rarely are written agreements used to tell both sides where they stand, and as a result serious problems can and do arise: work is sold…

How can I protect live events and performance work under copyright law?

Copyright is hard to enforce for live events or performance, since the same or similar work taking place in a different context can be construed as being a…

Publication Right: The New Right

On December 1 1996 a new intellectual property law was passed in the UK which will give galleries, museums, public and private collectors and exhibitors a new economic power over artworks in their possession: Publication…

Joint Enterprise

During the 40 years following the Boyles’ partnership, increasing numbers of visual artists in the UK have chosen that way of working. ‘Boyle Family’ is a retrospective exhibition marking the 40th anniversary of Mark Boyle and Joan Hills’…

Copyright: A Suitable Case for Reform

Old Copyright law. ‘Who is going to achieve change? Not the Arts Council, not the RAAs, not the artists’ groups, not the arts organisations not the art schools, not the dealers and collectors; not…