In Dialogue: Sofia Bellisomo & Henry Lydiate

MADE IN BED’s Legal Team member, Sofia Bellisomo, introduces — ‘In Dialogue’ — a new series with art law specialist Henry Lydiate discussing the intricacies of legal practise in the creative industries. Each week we will discuss a new topic with Lydiate and publish these valuable insights on MADE IN BED.

Working in the global art market may seem like a very exciting and stimulating experience, but what are the risks from a legal point of view? It is fundamental that artists safeguard not only their person, but also their works, as ignoring professional practices can jeopardise entire careers. Therefore, we have consulted the specialist Henry Lydiate, who is an art lawyer and business consultant of the Henry Lydiate Partnership, to provide us with an overview of this side of the market. His lifelong commitment to art has supported professionals and cultural organisations through innovation, development, and co-creation. Now it is our turn to get some advice and spread it to our readers.

First of all, we asked Henry to explain in detail the legal implications of working in the art world in order to have a clear view of the problems that will have to be addressed.

HL: The art world is a global framework of inter-connected and inter-dependent organisations and individuals that determine the cultural and market values of artwork, and who operate through a myriad of transactions with artists to meet their essential needs for: materials, workspace, exposition space, recognition, and income generation. Each such transaction will be a unique business arrangement with each artist for specific purposes.

An artist’s ignorance of legal frameworks within which each such transaction sits, risks failure of effectively identifying how best to negotiate and secure agreement with organisations and individuals wishing to meet specific needs, and to ensure successful management and delivery of what has been agreed. Most art schools worldwide do not embed within their programmes the teaching and transfer to art students the knowledge and understanding and skills needed to successfully navigate the business dimensions of a sustained professional practice.

SB: What should ideally include professional practice studies of the business dimensions of creative practice?

HL: 1. The difficult transition from student life to that of a freelance practitioner: registering for any State benefits, and as a sole trader for income tax and national insurance exemption purposes; then moving towards the establishment of an economically sustainable practice.

2. Developing income generation skills: for achieving grants, awards and prizes, bursaries, residences, sponsorships, and sales.

3. Understanding and managing relationships in the global art world: how professionals and organisations operate in the commercial art market, and in the museums and galleries sector.

4. Global marketing and promotion: raising awareness and critical interest in the media and academic art worlds and attracting potential collectors and commissioners.

5. How to negotiate and secure successful contracts: with collectors, commissioners, agents and dealers, museums and galleries; all in a potentially international context.

6. A sound working knowledge of international and national laws that give artists intellectual property rights: especially ownership and management of copyright and statutory moral rights, their proactive entrepreneurial use for income generation and their use to resist or deal with infringements and abuses of artworks.

Most institutions delivering studio-based visual arts degree courses worldwide have developed their own voluntary professional practice programmes, whereby external art business professionals visit to give talks and conduct workshops and seminars to the students – typically on subjects such as book-keeping and accounting, self-promotion and marketing, portfolio and curriculum vitae development, pricing of work, and art law. Students’ attendance for such visits is normally voluntary, and in the event therefore quite patchy – especially when these sessions are arranged for the end of the academic year, often in the final year, when students are understandably pre-occupied with finalising assessed creative work and projects.

And therein lies a real problem: invariably, undertaking such professional practice study programmes does not earn students credit units towards their degree awards, and does not therefore require students to submit assessed professional practice work in order to demonstrate their understanding and working knowledge of professional practice skills.

SB: But then, if the problem lies in the education we receive, how could professional practice curricula be more effectively delivered?

HL: There needs to be a serious commitment from art schools to deliver effective programmes, on a sustained and co-ordinated basis, throughout their studio-based visual arts degree courses, save perhaps during foundation and first years. Practical subject matter should be delivered by a balanced combination of visiting art business professional experts in their field, and appropriately trained and/or suitably experienced faculty staff. Teaching and learning techniques should include conventional talks and lectures, and inter-active workshops and seminars. Formal student assessment and academic credits should be established, preferably on a pass or fail basis (no grading); a pass being a compulsory academic progression requirement, with the usual re-submission arrangements for first failures. A formal assessment brief could offer students a choice of submitting either an individual written report/essay on specified professional practice areas, or a small group project report/essay or presentation. In these ways, student attendance at – and serious commitment to – such 3 programmes would doubtless increase and, most importantly, they should be better equipped to face the inevitable rigours and challenges of professional practice.

Moreover, art schools and their faculty staff could and should derive substantial benefits from establishing such holistically embedded and assessed professional practice programmes. The institutions could rightly say to potential students, their supporting families, government and other funding bodies, that their studio-based visual arts degree courses aim – amongst other things – to equip students with the basic knowledge and skills necessary to establish and maintain a professional life after art school.

Well, it seems very clear to us what Henry is suggesting: if you are planning to become an artist, be careful about the academic choices you make. Having a good professional base is the first step to a successful and safe career!

Sofia Bellisomo,

Legal Team, MADE IN BED