“ Artist-Client” or “Client”, a person taking part in an Art Therapy session.

“Agreement”, see contract and contractual agreement.

“Art Therapy and Arts & Health”, for the purpose of this project, this expression is used to refer to a range of profession going from Registered Health & Care Professionals (e.g. Art Therapy and Art Psychotherapy) to unregulated therapeutic or socially-inclusive work (e.g. Community Art and participatory visual arts) (see, British Art Therapy Association).

“Art Therapy” or “Art Psychotherapy”, these expressions are used to describe “a form of psychotherapy that uses art media as its primary mode of expression and communication. Within this context, art is not used as diagnostic tool but as a medium to address emotional issues which may be confusing and distressing”. Art Therapy and Art Psychotherapy are used interchangeably in the context of this research project.

“Artist-Participant” or “Participant”, a person taking part in an Arts & Health session.

“Arts & Health”, this expression is “the generic term that embraces a range of arts practices occurring primarily in healthcare settings, which brings together the skills and priorities of both arts and health professionals” (here). In other words, Arts & Health “refers to any creative collaboration between artists and people working in health and social care; and any creative initiative that includes the arts which directly or indirectly is intended to enhance people’s health and well-being” (Arts & Health South West). In doing so, they are “all about the effect that active engagement can have on the health and wellbeing of individuals and communities” (here).

“Artworks”, for the purpose of this project, “artworks” refers to two and three-dimensional visual art. It excludes other forms of arts such as drama, dance and the performing arts more generally.

“BAAT”, “British Association of Art Therapists”, is the professional organisation for art therapists in the UK. BAAT promotes the practice of art therapy and provides professional support and advice to its members.

“Capacity”, “legal capacity”, refers to the competence of a person to enter a legally binding agreement. Minors, inebriated persons or with a certain level of intellectual impairment form the main categories of persons lacking capacity.

“Confidentiality”, obligation to keep personal information about oneself or another person private. Some professions, like doctors or lawyers are bound by law to an obligation of confidentiality for the private information of their patients or clients. Art Therapists and Art Psychotherapists registered with the Health & Care Professions Council (HCPC) are legally obliged to maintain confidentiality regarding their clients like doctors or lawyers. This confidentiality is understood to include team confidentiality, i.e. confidentiality is extended to the clinical or managerial supervisors of the practitioner for the sole purposes of complying with supervision obligations.

“Consent”, can be defined as “the Agreement by choice, by one who has the freedom and capacity to make that choice” (Jonathan Law, here). “Consent must be given freely, without duress or deception, and with sufficient legal competence to give it” (Jonathan Law, here). Consent is required to enter certain legal relations such as a contract or marriage. In some circumstances, the law may recognize that the consent was implied. Depending on the transaction or relation at hand, the law may require that the consent be informed, or that certain steps may be taken such as advice by a professional, recording in writing, for the consent to be legally valid.

“Contract, “contractual agreement”, “agreement”, a contract is an agreement which is legally binding in law. Not all agreements will be regarded as ‘contracts’ by a court of law. The law requires that agreements must a number of conditions to form a ‘contract’. These conditions include an offer, acceptance and consideration (value exchanged between the parties). It is also important that the consent of the parties is not frustrated (i.e. impaired) in the formation of the agreement. A contract does not need to be recorded in writing to be binding on the parties. Oral agreements can be binding.

“Copyright”, is an area of intellectual property law. Copyright gives the creator of a ‘work’ (e.g. an artwork) the legal right to decide and control how the work is used and shared with others. Copyright law is contained in the UK Copyright, Designs and Patents Act 1988, as amended. Copyright or copyright law is distinct from other areas of intellectual property such as patents or trade marks.

“Damage”, Loss or harm, which may be physical, mental, emotional, or reputational. Not all damage will give rise to a right of action.

“Damages”, refers to the sum of money awarded by a court to compensate for the damage (prejudice, harm or loss) suffered by a person as a result of a wrong doing (breach of contract or tort) caused by another.

“Facilitator”, a person engaging in Arts & Health practice.

“Outsider Art”, art made by artist-clients or artist-participants. It is a term usually used for art made by people who are not artistically trained or qualified.

“Health Care and Professional Council”, “HCPC”, is the statutory regulator of health and care professions with designated titles protected by law. Registered professionals will be required to comply with minimum standards of practice, care and ethics set by the HCPC. Such standards will include, for instance, obligations of confidentiality. Art psychotherapist, Art therapist, Dramatherapist, and Music therapist are protected titles regulated by the HCPC.

“Ownership”, is the exclusive right to use, possess, and dispose of property. Ownership may be corporeal, i.e. of a material thing, or it may be incorporeal, i.e. of something intangible, such as of a copyright or patent.

“Remedies”, refers to any of the methods available at law for the enforcement, protection, or recovery of rights or for obtaining redress for their infringement. Remedies may include damages (a sum of money), specific performance and/or injunctions. This definition looks at legal remedies, expressly excluded from this definition are medical, herbal or alternative remedies.

“Therapist”, person engaging in Art Therapy or Art Psychotherapy practice.