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…
Theft, Lies & Videotape
It is trite, but true, to say that the marketplace has become global in its scope and access has become virtually instant. The visual art marketplace now shares many more common technological features with, say, the…
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…
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’…
Shopping Lists
On May 14th 1979, the newly elected Government will begin to plan its legislative programme for the next five years. Should the Arts Community require the introduction of legislation during this period, then discussion debate and formulation of…
Nightmare of Planning Laws: Westminster City Council V Time Life
Westminster City Council and publishers Time Life are currently heading towards a unique legal dispute over artworks at the Time Life building in New Bond Street, London. It involves a…
Gift Aid: an Arts Boon?
October 1 1990 saw the start of the scheme known as Gift Aid which was announced by the Chancellor the previous March. The simplicity of the scheme and its benefits have yet to be taken…
Art and Money
Warhol's US dollar bills were sold for more than their denominational value; and Duchamp paid his dentist's bill by drawing a 400F note which was accepted in payment. What do you think of the new £5 note?…
Disclaimers
An artist recently raised an important question about leaving work with a gallery who had insisted on disclaiming liability for taking care of the work whilst in their possession. You say you never compromise With the mystery tramp but…
What health and safety considerations are there?
Health and safety issues are often dealt with in a separate document called ‘the tenant’s handbook’. Make sure you receive a copy of this and that any issues not addressed in your lease…
The State of Play
Heard any good myths lately? Try these for size. ‘I thought Henry Lydiate was a middle aged rich solicitor, with a plush office in the Strand, who makes lots of money out of artists.’ or: ‘Why…
Importance of contracts in commissions
Projects for public spaces can involve so many different partners. This makes contracts vital, for artist and commissioner. A contract is what both the artist and the commissioner agree that you as the artist will deliver. You…
The ACME of Artlaw
The general public does not generally think of the law as a creative tool but rather as something to be avoided at all costs – except perhaps when buying residential property or making a will. In…
Corporate art collections
There can be some good opportunities for artists to sell or rent their work to corporations. Why have your work in a corporate setting? Work in a corporate collection gives an artist exposure to a wealthy sector…
Privacy
What if I want to include information about other people in my artwork? What if I want to use an image of a celebrity in my work? If I use a pseudonym for my art can I sign documents…
Co-operative
This is a popular structure for community groups, as it shares the responsibility of running the group between members who all have equal rights and shares in the organisation. A co operative is defined by constitution, and may allow…
Partnership
Unlike a limited company, a partnership has no legal existence distinct from the partners themselves. If one of the partners resigns, dies or goes bankrupt, the partnership must be dissolved – although the business can still continue. A partnership…