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    • Copyright and artists' rights
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Trading Standards for Artists

Trading Standards for Artists
​

What artists need to know about Trading Standards - what you can sell, where, how and other relevant laws and standards

When you start to retail face to face at an Art Fair, you MUST make sure you are in complete compliance with all relevant legislation and standards for trading.
This page reviews what legislation and what trading standards apply to in terms of:
  • what you sell
  • where you sell
  • how you sell

What do trading standards apply to?
​

Trading Standards typically apply to:
  • what you sell and how you describe it
  • where you sell
  • how you sell
  • other key topics and activities
The law, rules and regulations may vary from place to place but the general principles of what they apply to are generally the same.

Use the following as a checklist for
  • what you need to know; and/or
  • what you need to find out.
Links are
  • either to other pages on this website
  • or business companion guides (pdf files)

What you sell

Where you sell

How you sell

Any products... that are sold - whether on-premises, off-premises or at a distance - are 'goods'
  • goods e.g. original art, fine art prints, 
  • digital e.g. e-books
  • services e.g. tuition. workshops, courses, 
  • on-premises sales - contracts that are made away from your business - at the customer's home or workplace e.g. Art Dealers and Art Galleries
  • Off-premises sales - e.g. see Art Fairs or Art Markets
  • distance sales - this
    covers the sale of goods, services or digital content where there is no face-to-face contact with consumers. See also E-commerce for Artists
  • contracts
  • good practice
  • pricing & payment - terms imposed on buyers

Key topics

  • product safety

Key Activities

  • business information / other
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)

Trading Standards in different places
​

Picture
Art attached to railings and being sold in London - legislation and standards apply to this just as much as if it were in a gallery
You cannot assume that what applies in one place is automatically the same in another place. It's just not true.
  • trading standards and legislation vary according to where you live - so it's essential you find out what national, regional and local legislation and practices relate to you
  • if you relocate where you retail then you need to check out what the standards are for that area
Wherever you want to trade, you MUST check on
  • what is expected of all retail operations
  • whether or not anything in particular relates to what, how or where you propose to trade

Trading Standards in the UK

Trading - relevant legislation

Contracts must be written in plain language to avoid being misleading and unfair.
The laws applying to retail of goods and/or services in the UK are listed below. Breaking the law or failing to observe the regulations can mean prosecution, fines and/or imprisonment.  It's worth making sure that you understand what you can and cannot do.

This video explains some of the legislation and regulations which underpin consumer rights in the UK.
Below I've referenced the government website in relation to the various legislation and regulation. This, for the most part, is a model of simplicity and clarity and I recommend reading it.

Consumer Rights Legislation


Sale of Goods Act 1979
This stipulates all the legal and contractual matters that you need to know about in relation to selling art. You need to
  • make sure that what you sell is 'as described', fit for purpose and of a satisfactory quality, be provided within reasonable time at a reasonable cost
  • Avoid unfair terms in sales contracts
  • check when you have to offer refunds and accept returns.

Supply of Goods and Services Act 1982
Applicable to those providing a good or service to a client e.g. a commissioned portrait or tuition.  You need to:
  • use reasonable care and skill to deliver the goods or service
  • do what you say you're going to do

Unsolicited Goods and Services Act


Trade Descriptions Act
Your descriptions of what you are selling must always be accurate (re. goods (artwork) services (tuition), digital content (videos and/or books), rights, and obligations).

The law states that your descriptions should not give false information, nor should they deceive - or be likely to deceive - a consumer, which then makes him act in a different way.

Consumer Rights Act 2015
Understand your obligations under
  • The sale & supply of goods
  • The supply of services
  • the supply of Digital content


Consumer Regulations
There are various regulations which spell out implementation in more detail

E-commerce Directive - see Ecommerce for Artists

The Business Protection from Misleading Marketing Regulations 2008
- This covers advertising to businesses.
  • You MUST be accurate and honest and not make misleading statements - see PDF
  • you can’t harass consumers by, for example: including false or deceptive messages; leaving out important information or using aggressive sales techniques
  • Understand the guidelines on consumer protection from unfair trading

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - see PDF

The Consumer Contracts (Amendment) Regulations 2015 - see PDF


Trading Standards in England - sources of help and advice

  • Gov.uk - Find your local Trading Standards Office
  • National Training Standards

The Chartered Trading Standards Institute - provides support and advice for problems with trading.

The Business Companion website - explains trading standards law in ENGLAND
  • The content on Business Companion is written and verified by expert contributors, but is not designed to be a replacement for professional advice and is intended only for guidance.
  • It's a website sponsored by the Chartered Trading Standards Institute and Government (the Department of Business, Energy and Industrial Strategy - which is responsible for trading standards) 
  • Business-to-business marketing - Understand what the law requires of you when doing business with other businesses
  • Trade Simple - Virtual College | e-learning course directory - This TradeSimple website provides a range of online training resources suitable for businesses of all sizes. Example: Consumer Contracts - Distance Sales
  • Alternative Dispute Resolution - options for businesses, and the information requirements, for resolving disputes out of court. ADR is any process for the resolution of a dispute out of court. The simplest and most common form of ADR is direct negotiation, and this often leads to a solution. It's also a quicker and cheaper alternative to court for resolving disputes.

The UK European Consumer Centre - hosted by CTSI, provides free advice and support to consumers who have a dispute with a trader based in another European country. 
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This website provides a compendium of resources about the art business for artists. 


It helps artists learn how to do better at being business-like, marketing and selling art and looking after their financial security.
Copyright Katherine Tyrrell | Making A Mark Publications - all rights reserved
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PLEASE NOTE:
1) Content and the law change all the time.
​2) 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.
3) This website is free for you but not for me. ​Links to books are Amazon Affiliate links. Buying a book via this website means I get a very small payment which helps to fund and maintain this website. .I much appreciate any support your provide. Adverts are provided by Google AdSense - but the adverts do not mean I endorse the advertiser.
  • Home
    • Art Business Information Index
  • NEWS
  • PRACTICE
    • Starting Out - Tips
    • Office Practices >
      • Legal Matters
      • Risk Management for Artists
      • Data Protection for Art and Artists
      • How to back up image files
    • Learning Opportunities >
      • Best Art Business Books
      • Art Schools in the UK
      • Art Business Courses
  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
    • Websites for Artists >
      • Why websites matter
      • Options for Websites
      • Web content for Artists
      • Web design for artists
      • Keeping Google Happy
      • Writing for the Web
    • Blogging for Artists
    • Image sizes for Social Media Sites
    • How to be mobile-friendly
  • SELL ART
    • Trading Standards for Artists
    • E-commerce for artists
    • Selling Art from Home
    • Open Studios
    • Art Exhibition Checklist for Artists
    • Art Fairs
    • A Guide to Art Agents and Consultants
    • A Guide to Art Dealers & Galleries
    • The Vanity Gallery
    • Alternative Options for Exhibitions
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • How to pack artwork
    • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art to exhibitions
    • How to ship art internationally
    • Post & Parcel Services
    • UK Art Transport Services
    • USA Art Transport Services
  • COPYRIGHT
    • Copyright and artists' rights
    • Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • How to create an Invoice
    • How to work out profit from an art sale
    • Insurance for Art and Artists
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • VAT for Artists
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
      • Estate Planning for Art Collectors
  • About
    • Would you like me to help?
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