Best practice advice

In accordance with its mission,  Arts Law applies an “artist first” policy. As a result, we would decline to advise arts organisations even in situations where there is no conflict of interest with an individual artist if giving legal advice to the arts organisation would subsequently prevent us from advising an individual artist in relation to the same matter. For example, if the arts division of a local council (considered as an arts organisation generally eligible for advice from Arts Law) contacted us for advice on commissioning an artwork, we would decline to give legal advice on the basis of a policy conflict because we would want to remain able to advise an artist seeking advice on the terms of the commission.

Considering the potential benefit of advising arts organisations in relation to their dealings with individual artists, in particular to improve the standard of contracts and ensure fair terms and conditions for artists, Arts Law can offer “best practice” advice instead of legal advice under our Best practice guidelines.

Best practice advice is subject to the following principles:

1. The organisation must be or become a subscriber to get the advice;

2. The advice will be limited to assistance with terms and conditions which reflect best practice in protecting artists and the arts community.

3. Before Arts Law gives any advice, the caller must, in accordance with Arts Law’s Best practice guidelines:

  • acknowledge that the mission of Arts Law is to assist artists and arts organisations;
  • consent to Arts Law advising artists on the subject-matter of the best practice advice given to the caller;
  • confirm that all information provided to Arts Law is not confidential and authorise its disclosure by Arts Law to any artist seeking advice in respect of the subject matter of the best practice advice;
  • agree that in case of any dispute between the caller and an artist, Arts Law may provide legal services to the artist despite the caller being a former client; and
  • acknowledge the possible consequences of obtaining best practice advice from Arts Law.