Art Law Solicitors and Luxury Assets Lawyers in London

Artistic works are automatically protected by copyright law in the UK and this protection lasts for the life of the author plus an additional 70 years. This applies to literary, musical, dramatic and artistic works (including illustrations, graphics, photography, sculptures, and more).

Usually, copyrights belong to the author or creator of that work. In some circumstances, the copyright may pass from the original creator to an employer or third party.

To fully protect your art, you should speak to a legal expert and seek advice on your intellectual property rights.

In addition, it is wise to:

• keep records of your work;

• mark all work with a copyright notice, such as the © symbol (the symbol itself does not confer any legal rights, but it does notify everyone of your claim to ownership); and/or

• add watermarks or unique identifiers to your work.

If an individual or company is using your art without your consent, we recommend collecting as much evidence as possible.

Next, speak to a legal advisor with experience in intellectual property and the art industry who can assess the details of your case and advise on the best course of action.

We see this time and again – an artist using an existing work, without that original creator’s authorisation, as the basis for their artwork. Since the mid-20th century there has been a proliferation of appropriation art, amplified by the technological ease of access to information. This has no doubt also contributed to the rise of copyright infringement lawsuits over the years. Learn more on how to avoid copyright infringement?

Over the course of the last 50 years, artificial intelligence (“AI”) has developed significantly, with many companies increasingly embedding AI in their products, services, processes and decision-making. As the use of AI has become more widespread, it has highlighted more than ever the need for regulatory accountability and guidance. Yet, whereas AI is developing continuously at rapid speed, regulators across jurisdictions are struggling to keep up. One of the sectors where these shortcomings have become glaringly obvious is the art industry, where issues related to intellectual property rights and attribution are on the rise. This article considers the current regulatory framework (or lack thereof) around AI and how to navigate through these unchartered waters. Learn more.

The UK is well known for its rich cultural heritage and booming art scene, making the UK, particularly London, one of the best places to open an art gallery. Like any other business, you will need clarity on how your gallery will operate, the location, what legal protections to have in place, and whether you plan to hire any employees. 

Get the essentials for starting up and running your own gallery in our practical guide here.

Intellectual property (“IP”) is a highly valuable part of a business. It can take many forms but essentially consists of intangible assets including copyrights, trade marks, patents, designs and trade secrets. Securing IP rights can be fundamental to the commercial success of a business seeking to stay ahead of its field and seeking to protect its branding and customer loyalty. Indeed, the value of IP is also recognised by financial institutions, who regularly provide loans secured against IP.

Learn more.