Okay, so today I'm going to write about something a little different. This was inspired by
some interesting discussion on the Professional Fine Art Network (pFAN) on LinkedIn.
Is it Necessary to Enter a Written Agreement with Galleries Who Sell Your Work?
The answer is YES. Always, without question. There is no situation in which written
documentation should be neglected.
There are however various levels of documentation depending on the situation. But
before I elaborate on that, let me explain why written agreements are necessary
(though tedious and mundane for most of us).
If you are close friends with a gallery owner who has been in all ways trustworthy,
reliable, and all that you expect of an ethical business owner, it can be difficult to see
why an agreement is necessary. Here are a few situations that will show you why:
1. Gallery Owner Dies:
Not the nicest scenario, but these things happen. What happens to your work in a
situation like this? Your work is now in the hands of new owners, family members of
the previous owner, or some intermediary agency. Think of how difficult it will be to get
that work back when there is no paperwork? You'll have to prove it is yours and figure
out if any pieces are missing. This is no easy task at a stressful time such as death of
a loved one. A written contract makes these things much easier.
2. Some of Your Work Goes Missing
Galleries carry a lot of artwork, and often keep pieces in storage to rotate with work on
the walls to keep the gallery looking fresh. It's not beyond the realms of possibility that
a piece is damaged by an employee, or sold with a partial down payment before full
payment is secured (especially in tough economic times, galleries are more likely to
do this to keep cash flow going). You might be "best friends" with the gallery staff, but
you'll start to feel resentful if you notice work has been sold and you haven't made an
agreement on the time line for payment, or with regards to damaged work.
3. Gallery is Robbed
This may seem like action movie material, but things like this happen - theft, fires,
floods - and you need to have a written agreement with the gallery for any chance of
filing a successful insurance claim.
So as you can see, situations may arise that are out of a gallery's control. And no
matter how much you trust somebody, you must acknowledge that these are distinct
possibilities and deal with them appropriately.
In ALL situations, at the very least, write up a consignment sheet which lists titles,
descriptions of work, wholesale price (gallery price) and retail price (price at which
pieces are sold to the public). Make sure all pertinent dates are included, and parties
involved sign and print names on the sheet. This should be done whether it is for a
one-time only public exhibition in a non-profit space, or for a long term contract with a
high profile gallery.
Many long term gallery partnerships begin without a contract until the gallery feels
comfortable working with you. This does not mean that you begin without a
consignment sheet. You always need something in writing if you leave any work in the
possession of a gallery.
If it is so obvious, why do we neglect to do it?
The main reason I believe is that artists do not want to "cause too much trouble." In
reality, if a gallery doesn't want to "waste time" with written agreements then avoid
them altogether.
Think of a written agreement as a clarification for both you and the gallery - it outlines
the responsibilities of each party. If a disagreement arises then you can always refer
back to a written contract.
You will also be taken more seriously if you take the business relationship seriously. It
is normal business practice to have written contracts. Remember, as soon as you
decide to sell your art you are no longer just an artist, but a business person also.
Embrace this side of your art profession and you will be more successful.
some interesting discussion on the Professional Fine Art Network (pFAN) on LinkedIn.
Is it Necessary to Enter a Written Agreement with Galleries Who Sell Your Work?
The answer is YES. Always, without question. There is no situation in which written
documentation should be neglected.
There are however various levels of documentation depending on the situation. But
before I elaborate on that, let me explain why written agreements are necessary
(though tedious and mundane for most of us).
If you are close friends with a gallery owner who has been in all ways trustworthy,
reliable, and all that you expect of an ethical business owner, it can be difficult to see
why an agreement is necessary. Here are a few situations that will show you why:
1. Gallery Owner Dies:
Not the nicest scenario, but these things happen. What happens to your work in a
situation like this? Your work is now in the hands of new owners, family members of
the previous owner, or some intermediary agency. Think of how difficult it will be to get
that work back when there is no paperwork? You'll have to prove it is yours and figure
out if any pieces are missing. This is no easy task at a stressful time such as death of
a loved one. A written contract makes these things much easier.
2. Some of Your Work Goes Missing
Galleries carry a lot of artwork, and often keep pieces in storage to rotate with work on
the walls to keep the gallery looking fresh. It's not beyond the realms of possibility that
a piece is damaged by an employee, or sold with a partial down payment before full
payment is secured (especially in tough economic times, galleries are more likely to
do this to keep cash flow going). You might be "best friends" with the gallery staff, but
you'll start to feel resentful if you notice work has been sold and you haven't made an
agreement on the time line for payment, or with regards to damaged work.
3. Gallery is Robbed
This may seem like action movie material, but things like this happen - theft, fires,
floods - and you need to have a written agreement with the gallery for any chance of
filing a successful insurance claim.
So as you can see, situations may arise that are out of a gallery's control. And no
matter how much you trust somebody, you must acknowledge that these are distinct
possibilities and deal with them appropriately.
In ALL situations, at the very least, write up a consignment sheet which lists titles,
descriptions of work, wholesale price (gallery price) and retail price (price at which
pieces are sold to the public). Make sure all pertinent dates are included, and parties
involved sign and print names on the sheet. This should be done whether it is for a
one-time only public exhibition in a non-profit space, or for a long term contract with a
high profile gallery.
Many long term gallery partnerships begin without a contract until the gallery feels
comfortable working with you. This does not mean that you begin without a
consignment sheet. You always need something in writing if you leave any work in the
possession of a gallery.
If it is so obvious, why do we neglect to do it?
The main reason I believe is that artists do not want to "cause too much trouble." In
reality, if a gallery doesn't want to "waste time" with written agreements then avoid
them altogether.
Think of a written agreement as a clarification for both you and the gallery - it outlines
the responsibilities of each party. If a disagreement arises then you can always refer
back to a written contract.
You will also be taken more seriously if you take the business relationship seriously. It
is normal business practice to have written contracts. Remember, as soon as you
decide to sell your art you are no longer just an artist, but a business person also.
Embrace this side of your art profession and you will be more successful.
 |  |  |  |  |  |  |  |
The Importance of Written Contracts for Artists
| |||||||||||||||||||||
Join Our Monthly
Newsletter Today for new
product info, articles for
artists, and specials.
We hate spam and will
not share your info!
Newsletter Today for new
product info, articles for
artists, and specials.
We hate spam and will
not share your info!
| © 2009 Print That Image, All Rights Reserved P.O. Box 222, Fort Lauderdale, FL 33302 |
This article is copyright © 2009 Chris Kennedy, www.PrintThatImage.com.
PrintThatImage.com offers giclee printing in the Fort Lauderdale, Miami, and South
Florida Area. We also provide giclee and fine art printing services online nationwide
to fine artists, photographers, galleries, and frame shops.
PrintThatImage.com offers giclee printing in the Fort Lauderdale, Miami, and South
Florida Area. We also provide giclee and fine art printing services online nationwide
to fine artists, photographers, galleries, and frame shops.
Decorative Printing Specialists (954) 353-1095