A Four Stage Guide to Opening an Art Gallery in the UK
Art galleries showcase the work of artists from which the gallery receives a commission for selling. Get the essentials for starting up and running your own gallery in our practical guide.
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 below.
STAGE 1 - Business Structure
The first legal consideration here is how you want to define your business, there are several options ranging from sole proprietorship, partnership, limited liability partnership (LLP) or limited company.
Each company structure has its advantages and disadvantages; it is important to consider what your obligations and liabilities would be, as well as any tax implications, under your chosen structure.
STAGE 2 - Location, Accessibility and Security
Consider selecting a location that is optimal for your business by being accessible and safe to you and your visitors. Seek legal advice to ensure that the terms of any agreement you require are fair, appropriate and compliant with the relevant law.
STAGE 3 – Intellectual Property (IP)
IP is a crucial step to getting your gallery up and running. Consider protecting your IP, ranging from copyrights, trade marks, patents, industrial designs etc. Intellectual property specialists such as ourselves can help individuals and businesses properly register, protect and manage their IP assets. This enables owners to maximise the commercial value of their IP.
Copyrights are innate rights held by creators which allow them to control the use and commercial exploitation of their works. Gallerists should have agreements in place to outline who owns the copyrights and/or any permissions the gallery has to reproduce images of the works.
Patents are used to grant creators the right to decide whether or how their invention can be used by others.
Trade marks will protect your gallery’s name, brand and identity. Registering protection is a crucial step to protecting against infringements by third parties or potential confusion with other businesses in the industry.
STAGE 4 – Hiring Employees
Establishing employment contracts is an essential element of protecting the gallery. There are some terms of employment contracts that are required by law and others that are considered best practice.
Having agreements and internal policies in place will better protect the gallery's IP and confidential information.
How can we help
The multifaceted process of establishing an art gallery can be daunting. This guide aims to provide you with an insight into the key legal considerations to bear in mind before embarking on your business venture. At Dragon Argent, our Art & Luxury Assets team is well versed in guiding galleries through their initial opening phase and providing ongoing support.
OFFICIAL LEGAL PARTNER
Author
Head of Litigation, IP & Art Law
Membership: Professional Advisors to the International Art Market (PAIAM)