When can I use copyright material without permission?
There are some very limited exemptions in the use of copyrighted material without first seeking the copyright owner’s permission. One exemption, for ‘fair dealing’, allows use without permission for research or non…
Public Art Liabilities
Within four days of the opening to the public of Ai Weiwei’s interactive installation, Sunflower Seeds, 2010, at Tate Modern, the public was prevented from walking on 100m handcrafted life sized porcelain sunflower seed husks spread over…
Commissions and the responsibilities they bring, part 2
The answer to last month's poser (your commissioned art work sited in a public place falls down and injures someone five years after installation; are you responsible?) is: yes. 'Don't bring me…
Resale Royalty
Why Resale Royalties? The California Resale Royalties Act took effect on January 1, 1977 and gives visual artists the right to participate in any profit derived from their works of fine art. It is the first piece of…
Holography
Twentieth century visual artists’ propensity for introducing modern technology into their creative processes not only poses problems for traditionally minded perceivers, but also in other even more conservative areas – especially the law. Because something is happening here But…
Insurance
Having adequate insurance protects your work, studio, equipment and materials. If anything gets stolen or damaged you’ll be able to replace it. Insurance also protects you if an accident occurs while working with the public. There are two main…
Copyright & Resale Right
Harmonisation of the laws of the 15 EU States, aimed at creating a level economic playing field, usually takes years to achieve: it requires at least two successful readings in the EU Parliament, and ratification by…
Information and Advice to the Visual Arts: Getting the Network Working
In May 1990, AN Publications (Artists Newsletter) carried out market research into the needs of artists and arts administrators. The results make it clear that the needs of artists…
US Copyright Protection for UK Artists
It is rare for visual arts copyright cases to end up at court. Even more rare for the trial to be fully conducted and judgment given; most copyright cases are settled out of court.…
Postbag
There has been a mountain of correspondence from readers who have written to me, each with a different problem. First, I must apologise for not yet having replied to the less urgent enquirers (I will, shortly); second, let me…
Mapplethorpe
Much heat and hype has been generated by the media in recent months over the Hayward Gallery’s decision to self censor two works from the Mapplethorpe retrospective. The purpose of this piece is not to fuel any flames, but…
Dear Editors
I must apologise for not having produced my regular column this month – the first time in three years. The fact is that we’ve been under so much pressure at Artlaw that there’s been no time to sit…
What can I do if my work is damaged after submitting it to a third party, such as a dealer?
As well as the specialist insurers listed on Artquest, a n, Axisweb and the Society for All Artists provide insurance…
Tate Da Vinci Code Pollock
the publishers of The Da Vinci Code have successfully defended a breach of copyright claim against them in London's High Court, and the Pollock Krasner Foundation is currently in dispute with a Jackson Pollock expert…
Copyright Law
The law of copyright is vast and complicated: what follows is a brief outline of the law as it affects visual artists who should seek professional legal advice on any problems they may have. What is copyright? Copyright…
Percentage for Art: UK OK?
February’s column covered the numerous Percentage for Art schemes which have been developed in America and Europe during the past fifty years. Whether or not something is to be done in this country is a…
Oh! My Precious
One fine day composer John Casken arose to discover that he had won the first Britten Award for composition worth £10,000. He won the money for Golem, a work for eight singers accompanied by 11 instrumentalists and…
Supplementary Benefit
Supplementary benefit is for those whose resources are insufficient to meet their requirements. Last month we looked at artists’ entitlement to unemployment benefit and their duty to make National Insurance contributions; now we must consider artists’ rights to…