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 (As with all the content on this website, the law and regulations change all the time and it's very easy to get out of date if you are not doing it full-time as a professional - and I'm not doing that!)​
Picture
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
​

  • Relevant 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
  • Allegations of Art Theft, fraud, fakes and forgeries
  • Acquisitions of Title: including lost paintings / recovery of stolen or looted art / Defective Title / Defective Provenance
  • Sales Contracts via art galleries
see A Guide to Art Dealers & Galleries​
see Trading Standards for Artists
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
​see Trading Standards for Artists
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

Patrons and Commissions
​

  • agreements with patrons
  • contracts for commissions
COMING SOON!

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 How to ship art internationally
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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Moving & Shipping Art
​

  • Art import, export and movement
  • 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
See Tax Tips for Artists​ including  See Income Tax: The nine badges of trade 
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
Picture
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
REFERENCE:
ADVERT

Lawyers specialising in art

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
Other UK Solicitors specialising in art
Pro bono Lawyers in USA
REFERENCE

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.