Yes Minister, but is it legal?
God help the Minister who meddles with art! Lord Melbourne, Prime Minister; 1837 1841 I would need to be satisfied that standards of artistic excellence will be maintained and enhanced as a result of…
Company
Companies are either limited by shares or by guarantee. This is probably the most popular organisational setup for commercial organisations, but a company can also be set up for a social purpose if it relates to social and /…
Severance
“'There must be some way out of here', said the joker to the thief, 'there's too much confusion, I can't get no relief. Businessmen they drink my wine, ploughmen dig my earth, none of them along the line know…
Public Art Commissions: Part 1
In response to many readers’ requests for guidance in relation to public art commissions and the legal issues involved and arising, this piece explores key lessons learned from the experiences gained over many years by…
Freedom of Expression: part 1
Most totalitarian regimes have an Official Censor: we don’t. But there are still ways in which public authorities and private individuals and organisations are able to restrict freedom of expression. Striking for the guardians and…
Who Owns Public Art Commissions?
Following publication in March and April of the two pieces exploring public art commissions (AM 234 and 235) readers’ letters raised interesting and challenging queries. A common thread was the question of ownership of commissioned…
What can I do to protect my work from being copied when I submit a prototype to a potential buyer?
It is always sensible to assert your copyright when submitting designs or artwork anywhere and for any reason, including applications…
Freedom of Information
Commission fees paid to artists by public sector organisations in the UK must be disclosed to anyone requesting such information, according to a recent decision made by the Information Tribunal operating under the provisions of the UK’s…
Worldwide, and Droit Moral
Copyright protection in the United Kingdom was dealt with last month, by explaining the nature of copyright (it only applies to ‘artistic works’ and ‘works of artistic craftsmanship’); who owns the copyright (the author, at first);…
F**K
Last month’s Late Item (AM 145), “Three little words’, is reproduced here in full since it succinctly sets out a serious incident which we will explore, in more detail: ‘On March 22, an exhibition of work by the exiled…
Shelter from the storm
Not a word was spoke between us, There was little risk involved. Everything up to that point Had been left unresolved* Last minute cancellation of one off exhibitions on grounds of taste is not new. Sometimes…
The Bacon Estate (2)
On February 6, 2002, the High Court in London dismissed the claims brought by Brian Clarke against the Marlborough Gallery, on behalf of the Estate of Francis Bacon, who had decided not to pursue the matter.…
Advertising and marketing art: Copyright confusion
If a work of art is on display, for sale or simply on public viewing, can the gallery owner or administrator reproduce it, in a catalogue, on a postcard or on a flyer without…
Polaroid: The Gift That Doesn’t Keep Giving
Clear and unambiguous documentary evidence of such gifts is needed for the recipient to be sure that the object received was a gift after all – and the reason it was given. These…
Private Commissions and the Law, part 2
The formula for heaven’s very simple, Just follow the rules and you will see. And as life travels on, And things do go wrong, Just follow steps one, two and three. This month…
What can I do if my work is used without my permission?
Do not automatically assume that your copyright has been infringed. Under the copyright laws of the UK and most other countries, works protected under copyright law can be…
Drawing the Line
Because one figure was undressed This little drawing was suppressed. It was unkind, but never mind, Perhaps it was all for the best. * Ms Jennifer Rock was shocked when I answered the phone, especially on a…
Tyson, Hirst and Hogbens Dunphy
Reliable evidence of the way living artists work with dealers to develop their careers has always been hard, if not impossible, to find. There is an understandable reluctance of both artists and art market professionals…