If I sell artwork through a gallery based abroad, can they deduct ‘withholding tax’ on my earnings?

‘Withholding tax’ is an amount held by the party making a payment to a payee, which will be paid to the taxation authorities. It is usually withheld from payment because the paying party has an agreem …

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What should I consider when deciding whether or not to sign a written agreement with a gallery?

In particular, should I agree to a 12 month notice period and a commission on sales at exhibitions outside the gallery? The wisdom of signing any business agreement, and especially such a sensitively …

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Is it discrimination under UK law to advertise an opportunity for artists under a certain age?

An opportunity states that it is only open to artists under or over a certain age. Is this discriminatory under UK law? UK equal opportunities legislation exists alongside various EU Directives and po …

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My gallery had agreed to return my work months ago but now they seem to have lost it.

Where a gallery holds works that are owned by the artist, the gallery holds them as a “bailee” under what is known as a duty of bailment. The effect of this duty means that the gallery, as bailee, is …

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Who is liable for insurance for artwork kept on consignment?

A shop or gallery would always be legally responsible for taking good care of works it received on consignment from artists, and should make careful arrangements accordingly. When the shop/gallery neg …

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If my gallery is based abroad who will decide in case of a dispute?

In the case of two parties located in different countries – say the artist in England and a gallery in the USA – a vital term and condition to include in contracts is: which law/courts of which countr …

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Is there a definite ruling on what constitutes an edition?

There isn’t a legal definition of what makes an edition. Instead, an edition may be limited by contract (which can be verbal) and by making representations. So, for example, if the edition is said to …

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How can I get my gallery to disclose the names of my buyers?

This article answers a question that artists regularly ask our legal specialists. So is the Data Protection Act just an excuse and how can you convince your gallery to share with you the names of the …

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Do I have to pay tax on the award or grant I have been given?

There continues to be no up-to-date and definitive answer or ruling to the question of whether prizes and awards will be deemed taxable by the HMRC. It appears that guidelines written in 1979 have nev …

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If I use a pseudonym can I sign documents and contracts with a gallery under my legal name?

Historically there have been many artists who have signed their works without using their full legal name, or any part of it, including: Caravaggio (Michelangelo Merisi) El Greco (Dominikos Theotokópu …

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