Various laws are relevant to artists - but do you know what these are?

You NEED TO KNOW about:
  • your rights and legal obligations under all laws relating to you as an Individual and in relation to the legal entity that is your art business.
  • when you are entering into a contract whether this is explicit and written down - or implied.
You MUST protect yourself in law by:
  • having a contract for all business you do with third parties AND
  • understanding your precise legal liabilities.
Legal and business considerations exist from the moment an artist conceives a work
Tad Crawford

SUMMARY: A checklist of legal issues
​relevant to artists and art organisations

This is a brief SUMMARY of the various matters which can or may have legal consequences or liabilities
for artists, and art groups/societies and organisations engaged in the art business. 

The links in bold red are to further information in other sections and pages on this website.
The links in red are to blog posts from Art Business Info News
Laws vary between countries across the world.
​
While many countries have laws which are pretty similar in many respects as to principles, the details of what is legal in specific countries can vary significantly.

People trading or doing business with people in other countries should be particularly aware of any laws in the other country which might be relevant to them. A particular example is the VAT which applies to all digital products and services sold to people who live in the EU.
If you need professional legal advice you need to consult and pay a professional lawyer.
​
My aim is ONLY to highlight the circumstances where that might be advisable from a common sense perspective.
PLEASE NOTE: Any advice provided by me comes with absolutely no liability whatsoever.

I am not a lawyer. ​My advice is neither definitive nor am I paid professional. I'm just trying to negotiate the maze of law and regulations like everybody else. Given the size and scope of this site I do NOT warrant that:
  • any information is complete and/or professional
  • all links lead to the most current and up to date information. (As with all the content on this website, the law and regulations change all the time and it's very easy to get out of date if you are not doing it full-time as a professional - and I'm not doing that!)​
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The Village Lawyer's Office by Pieter Brueghel the Younger - one of the most popular of Pieter Brueghel the Younger's compositions. Over ninety versions survive, of which at least a quarter can firmly be assigned to Pieter Brueghel the Younger himself!

Art and Artists Rights
​

  • Artists’ Rights (including moral rights and artist’s resale right) / copyright protection / releases and fair use 
  • Intellectual property rights including Droit de Suite (artists’ resale rights)
  • Exploitation and protection of copyright; plagiarism
​See COPYRIGHT
  • Art related aspects of estate, wills, trusts and tax issues + copyright and resale rights 
See The Art Legacy
see Copyright and Resale Rights for Heirs​

Art Sales - Auctions, Galleries and Dealers
​

  • Art Market Law, Regulations and Practice e.g. art market specific Anti Money Laundering law and regulations
  • Relevant generic legislation for all Business Sales (sale of goods, unfair contracts, consumer protection etc.)
  • Sales law - relevant to the place of sale and the country of the buyer
  • Contracts with auction houses - including third party claims and auctioneers' responsibilities
  • Sales Contracts via art galleries (see below)
  • Criminal law - in relation to allegations of Art Theft, fraud, fakes and forgeries
  • Acquisitions of Title: including lost paintings / recovery of stolen or looted art / Defective Title / Defective Provenance
  • Trading while Insolvent / Bankrupt Galleries
see Money Laundering & the Art Market Law, Regulations and Practice - COMING SOON
see A Guide to Art Dealers & Galleries​
see Trading Standards for Artists 
  • Trading Law & Regulations in the UK
  • Trading Standards in the UK
  • Wrongful or Fraudulent Trading - and Insolvency
see Copyright and Resale Rights for Heirs

Artist Contracts with Galleries and Art Dealers
​

  • ​Consignment
  • Lending art to exhibitions / galleries
  • One-sided contracts - which do NOT favour the artist
  • Contracts with Art Dealers (e.g. financial advances in relation to art to be created)
See A Guide to Art Dealers & Galleries
  • Contracts
  • Consignment
​​see Trading Standards for Artists
  • Trading Law & Regulations in the UK
  • Trading Standards in the UK
  • Wrongful or Fraudulent Trading - and Insolvency​
Contracts must be written in plain language to avoid being misleading and unfair.
Art Law: A Concise Guide for Artists, Curators, and Art Educators by Michael Jones
A comprehensive guide to art law for multiple audiences in the USA.

A very instructive pathfinder for all those involved in the art business and exhibiting art.

The author has taught law in a University for over 30 years and has been given a number of very positive reviews of this book.
Paperback: 222 pages
Publisher: Rowman & Littlefield Publishers
Publication date: (16 Jun. 2016)

BUY THIS BOOK

Art Competitions and Open Exhibitions
​

  • submissions to art competitions
  • exhibition contracts
See Tax on art awards and prize money - in the UK, Ireland, Germany and the USA

​COMING SOON!

Art Sales / Tuition: At Home / Open Studios
​

  • Accurate descriptions of goods and services
  • Relevant legislation for all Business Sales
  • legal obligations to landlords, mortgagors
  • legal permissions required - planning permission for business at home
  • health and safety risks and legal liabilities to 3rd parties
  • capital gains tax considerations re. businesses at home
  • Legal terms and conditions of sale
See Selling Art from Home
see Trading Standards for Artists
​See Insurance for Artists 
See How to start a gallery in your apartment - NOT!
There is some very specific information you must give to consumers in a clear, legible and understandable way before you enter into an agreement with them. This covers such things as your trading address, pricing, complaint-handling policy and cancellation rights. If you do not give certain parts of this information the consumer does not have to pay.
Business companion guide - off-premises sales (my bold)

Online Sales - art / commissions / tuition

  • Accurate descriptions of goods and services
  • Legal terms and conditions of sale
  • Relevant legislation for all Business Sales
  • Consumer rights and regulations
  • Distance Selling regulations
  • e-Commerce regulations
  • VAT Regulations
  • statements of terms and conditions for sales from your website 
See e-Commerce for Artists
See VAT for Artists - relevant to ALL re. trading in and selling to customers located in Europe​
see Trading Standards for Artists
See Web content for Artists
See Want to set up an online art gallery with ecommerce?
EU VAT rule change
From 1 January 2015, the rules around the European Union (EU) VAT place of supply of services will change. This will affect the sales of digital services (broadcasting, telecommunications and e-services) from a business to a consumer (private individuals and non-business entities for example, public authorities or charitable bodies). The place of taxation will be determined by the location of the consumer.
VAT: businesses supplying digital services to private consumers
How to Sell Your Art Online: Live a Successful Creative Life on Your Own Terms
by Cory Huff

HIGHLY RECOMMENDED
Rated an average of:
  • UK: 4.4 out of 5 stars by 144 customer reviews
  • USA: 4.4 out of 5 stars by 1752 customer reviews
​ If your goal is selling the work, read this book.
How to Sell Your Art Online covers
  • How to make a successful living from your artwork
  • Why selling direct can make more money for the artist
  • Use effective business strategies necessary to make artistic creations pay
  • Find your niche and ideal collectors
  • Build a website that sells
  • Build your mailing list
  • how to use social media and PR to market your art without selling your soul
  • how to be businesslike and focus on dedicating time to business and  focusing on the right things
Cory Huff is the man behind the popular website The Abundant Artist

Paperback: 192 pages
Publisher: Harper Design
Publication date: June 28, 2016

BUY THIS BOOK

Business Names

There are rules for naming your business. An artist who operates as a sole trader in the UK MUST:
  • register your sole trader operation with HMRC - and in so doing your must also.....
  • register your business name with HMRC 
  • use your personal name on any business documentation if you are a sole trader
REFERENCE:

Patrons and Commissions
​

  • agreements with patrons
  • contracts for commissions
COMING SOON!
Leasing Art 

  • renting art to commercial spaces or interior designers

REFERENCE: 
Art Studio Rental Agreements / Leases

  • rent or lease
  • leasehold agreements for a studio 

REFERENCE: 

Art Insurance and Safeguarding
​

  • Legal liability for artwork
  • Insurance policies 
  • Third Party Liability for health and safety (including the public and/or students on your domestic premises)
See Insurance for Artists and See Do you have to have insurance to run an art class?
Public liability insurance protects an artist from legal claims if someone is injured as a result of their professional activities.
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ADVERT

Moving & Shipping Art
​

  • Art import, export and movement
  • Customs documentation (i.e. legal declaration)
  • International customs regulations and tariffs
see SHIP ART
and How to ship art internationally

Money and Art
​

  • VAT compliance with EU rules for anybody selling to EU customers
  • Taxation of business and on profit 
  • Taxation of employees
  • Anti Money Laundering Legislation and Regulations 

See Income Tax: The nine badges of trade 
​
See Tax Tips for Artists​ including 
the taxman will class you as a business if it can prove you are doing “anything in the nature of trade”
The Telegraph - ​HMRC targets Etsy, eBay and Gumtree sellers – but when is your hobby taxable?
Do I supply 'goods and/or services'?
Supplies include sales, free gifts, loans, barters, exchange of services (but not given free of charge) made in the course of a 'business'. Artworks, art books and publications, lectures on or about art given for profit, will all be supplies for VAT purposes.
Vexing Art Toll | Artquest

Art Estates and Legacies


  • Legal aspects of making an artist's will
  • Liabilities of Executors for an artist's estates
  • Art Collections, Artists Estates and Inheritance 
  • Art related aspects of estate, wills, trusts and tax issues
  • Copyright and resale rights for heirs
See The Art Legacy
See Copyright and resale rights for heirs
The Artist's Legacy | Royal Academy of Arts
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A new publication which the RA produced for the benefit of everyone who is involved in the creation of art
This (free online) publication provides helpful insights into the importance of planning for the future in order to provide for loved ones and protect your artistic legacy.

The book is available as a FREE pdf file to download on submission of your email address to the RA - click the link in the title
Contents of The Artist's Legacy
  • The artist's art: looking after your work for the future
  • The artist's art collection
  • Where there is a will, there is a way
  • Master the art of saving tax: business assets
  • Gifting works of art
  • Artists' rights and royalties
  • The Artists' Resale Right
  • Estate planning for foreign (non-UK) property and belongings
  • Giving to charity: your gift to future generations.

Personal Data + Data Protection
​

  • Data protection laws - relevant to the place of sale and the country of the buyer
See Data Protection for Art and Artists
See How well do you comply with data protection law?​

Artist as author / publisher
​

  • licensing contracts - rights and liabilities
  • publishing contracts - rights and liabilities​
COMING SOON!

Artist as employer / employee
​

  • Employment contracts
  • Health & Safety liabilities
Art and Cultural Heritage / Property
  • import / export rules
  • restitution
  • anti-money laundering
A very specialised area of law - requiring experts! 
REFERENCE:
See
ADVERT

Lawyers specialising in art

IN THE UK
Pro bono & fixed price Solicitors in UK
  • Lawyers Volunteering for the Arts scheme - set up in 2012 by a group of London law firms who wanted to offer pro bono legal support to the small arts groups and arts community
  • LawWorks - a charity working in England and Wales to connect volunteer lawyers with people in need of legal advice, who are not eligible for legal aid and cannot afford to pay and with the not-for-profit organisations that support them.
  • Artists Union England Law Services -
  • Lawbite - Fixed price service for Small Business and Artist Legal Advice for Media and Entertainment Agreements
  • Legal Advice for Free | Arts Professional - about a charitable scheme set up in 2012 providing pro bono support for artists and art organisations
Other UK Solicitors specialising in art
IN THE USA
Pro bono Lawyers in USA - This listing is general and then ordered by state alphabetically
 California
  • California Lawyers for the Arts - a non-profit organization founded in 1974 to provide legal services to artists and members of the creative arts community. ​ Offices in San Jose, Sacramento, San Francisco, and L.A.
​Colorado District of Columbia
  • Washington Area Lawyers for the Arts (WALA) - provides legal services and support to the Washington arts community in several ways: education programs, legal clinics, and legal referrals. WALA does NOT provide legal advice to artists. Instead it administera a program that refers artists and arts organizations to outside attorneys for legal assistance.
Georgia
  • Georgia Lawyers for the Arts - a nonprofit organization that provides legal assistance and educational programming to artists and arts organizations. GLA offers access to educational seminars, an in-house resource library, and a network of over 1,000 volunteer and member attorneys to provide legal assistance to artists of all disciplines.
Illinois
  • Lawyers for the Creative Arts - LCA is the only pro bono legal service organization in Illinois that is expert in all areas of the arts. Now in its 45th year, it has assisted thousands of artists and arts organizations of all kinds with their legal issues. 
Maryland
  • Maryland Volunteer Lawyers for the Arts - left brain support for right brain people - Through the help of our professionally trained network of lawyers, we proudly provide pro bono legal referrals and services to artists in the state of Maryland. We hold lectures and seminars as well as Art Law Clinics for consultations, and we generate educational materials to keep you in the know.
Missouri
  • Kansas City Volunteer Lawyers and Accountants for the Arts - a nonprofit, 501(c)(3) organization that provides legal and accounting assistance to qualifying artists and arts organizations from all creative disciplines. Our ArtSmarts program provides seminars in arts law to help artists avoid common pitfalls in their professional arts careers.
  • St. Louis Volunteer Lawyers and Accountants for the Arts - serving the St. Louis Bi-State Region; providing quality direct legal and business services and ongoing educational programs for artists at every career level and across all arts disciplines.
New Hampshire
  • Lawyers for the Arts New Hampshire | New Hampshire Business Committee for the Arts - no specific links for the Lawyer program; no indication of what services they provide
New York
  • The Center for Art Law - a Brooklyn-based nonprofit that offers educational resources and programming for the advancement of a vibrant arts and law community. Operates at three levels: website, monthly newsletter, and educational programs in New York and elsewhere. Sponsors a Visual Artists’ Immigration Clinic that guides visual artists through the process of obtaining a visa to the United States.
  • Volunteer Lawyers for the Arts (New York) - VLA provides legal services to low-income artists and all non-profit arts organization in every artistic discipline. We consult with thousands of artists and representatives of nonprofit arts organizations each year. Typically, we offer consultations each business day.
  • Arts and Cultural Council for Greater Rochester, Inc - Legal Assistance  - The Arts & Cultural Council for Greater Rochester provides a legal assistance resource list for eligible artists and non-profit organizations on a variety of issues. Assistance is available on a wide range of issues including intellectual property, non-profit incorporation, federal tax-exempt status, contract review, and more.
Ohio Oregon
  • Oregon Volunteer Lawyers for the Arts - a non-profit organization that supports the Oregon creative community by providing legal assistance, resources and educational programs to artists and organizations in the visual, literary, performance, media and other arts.
Pennsylvania Rhode Island
  • Ocean State Lawyers for the Arts - founded in 1984 as the Rhode Island affiliate of a nationwide network of non-profit public service organizations dedicated to providing legal assistance regarding contracts, copyrights, trademarks, tax-exempt status, collection of accounts and any other arts-related problems.
South Carolina
  • South Carolina Volunteer Lawyers for the Arts - provides pro bono legal assistance to the arts community in SC. SCVLA is a collaboration project of
    • the USC School of Law Pro Bono Program,
    • the USC School of Law Nonprofit Organizations Clinic,
    • the SC Arts Commission and
    • he SC Bar Pro Bono Program.
Tenneesee Texas
  • Texas Accounts and Lawyers for the Arts - formed in 1979 to meet the legal and accounting needs of artists and art nonprofits. Services include lawyer and accountant pro bono assistance for artists, patent pro bono assistance for inventors, dispute resolution services, and educational programs for the artistic and business communities. 
Utah
  • Utah Lawyers for the Arts - We help artists and arts organizations find qualified, reduced-cost legal help in areas like copyright, contracts, non-profit management, licensing, and more.
Washington
  • Washington Lawyers for the Arts - a group of lawyers, artists, and community members working to make legal services more accessible for artists via a nonprofit service organization. This is dedicated to supporting the arts in Washington state by creating alliances and making legal resources accessible to artists and arts organizations of all disciplines.


Learning about Art and Law

Art Law Journals and Blogs
Courses in UK
​
The Institute of Art and Law
  • Foundation Certificate in Law -for those with no prior knowledge of the Law. Distance learning course offered throughout the year on the basis of rolling admissions.
  • Diploma in Art Law - (Distance Learning) Modules cover topics including artists’ rights, bailment, recovery of stolen and looted art, repatriation of art and artefacts, auctions and taxation.
  • Diploma in Law and Collections Management | IAL - requires a minimum of LL.B. (or equivalent) in English Law or the equivalent from a university or law faculty of a common law jurisdiction.
Other UK providers of training in art law are:
Courses in USA
  • VLA Education - educating artists, professionals within arts and cultural institutions, attorneys, students, and the general public about legal and business issues that affect artistic and creative endeavours.