‘One for you, nineteen for me’
George Harrison's pre decimalisation crie de coeur is everyone's concern, particularly at this time of the year and especially in the arts when organisations and individuals are busy making up and presenting, accounts and…
Art and Architecture
The art and architecture debate continues, with priority being given to the encouragement of collaboration and the desirability of obtaining large scale architectural commissions. The actual execution of this sort of work is less discussed, and could…
Sittin’, thinkin’, sinkin’, drinkin’
Sittin’, thinkin’, sinkin’, drinkin’, Wondrin ‘ what I’ll do when I’m through tonight. Smokin’, mopin’, maybe just hopin’…* It’s all very well being a fly on the wall, but you don’t often get a chance to…
Of ha’pennies and cakes – servicing public arts development
Deja vu was the last thing I expected to experience when I went to Leeds last month to contribute to the Public Arts seminary ‘Commissions and Contracts’ – a one day…
Flavin’s Fittings
In 1928 a US Customs Court in New York ruled that Brancusi’s sculpture Bird in Space, 1923, was a work of art, not an ‘article of utility’, which US Customs had decided it was. US photographer Edward Steichen…
Dear Worried Brown Eyes
This month, I have chosen some of the most prevalent artlaw queries to deal with, in the hope that a wider readership will benefit from the answers given. Social Security and Grants “I wonder if you…
After a public art commission
After you finish a project, it isn’t always a case of walking away. Your project plan should cover what happens after your commission and contract have finished. How will the physical structure you have produced…
ArtlawTV: Ben White and Eileen Simpson on A Cultural Commons
A Cultural Commons – alternative approaches to copyright and the distribution of material Ben White and Eileen Simpson created the Open Music Archive to distribute music that no longer has…
What should I be aware of when working with public or private commissioners?
When working with either public or private commissioners, it is important to have a good working relationship and a sound contract or letter of agreement clearly stating…
Can the body commissioning an artwork subsequently terminate the agreement?
Invariably when undertaking a public commission you should have a written agreement with the commissioning body before you undertake any work. Unless the agreement specifically addresses the possibility of the…
How do I get permission to use copyrighted material (film, photography, literature, music etc)?
Normal practice for artists wishing to use copyright protected material in their own new works is to write to the copyright owner, explain what the new work…
Moral Rights: Artists have got ’em
A vandalised painting exhibited by a gallery, a sculpture dyed black by a visitor, an artwork altered and published bearing a false signature – recent months have seen a number of these artists’ horror…
Ignorantia Lex Non Fit Defensia
Copyright in the visual arts is the inherent right of a creator over his/her artistic work to prevent other people copying that work. I received a novel and remarkable press release last month, issued by…
Copyright and Moral Rights: New Legislation (moral rights)
This article explains what are Moral Rights. On August 1, 1989 the Copyright, Designs and Patents Act 1988 comes into force. In March, we began a three part exploration of key changes…
Online Sales
Banksy has become the target of a print fraud, it was exclusively revealed by The Art Newspaper (October 2007): ‘unauthorised works by the anonymous graffiti artist have been sold on the internet; prices for these have been illegally…
What counts as an affordable rent?
An ‘affordable studio provider’ is an organisation managing buildings (or parts of buildings), providing affordable studio spaces. An affordable rent is usually considered one third of the open market rent.
Public Sculpture
Sculptures situated in public places can easily be photographed, filmed, or drawn without the knowledge of the sculptor, and such two dimensional reproductions might equally easily be merchandised commercially. What rights, if any, do sculptors have over their…
Bankrupt Galleries: A Cautionary Tale
Art galleries too are not recession proof, but what happens to the stock, the artwork, when they cease trading may be more complicated and certainly is unnerving for the artists involved. Auctions of liquidated stock…