art broker contract
Think you need legal assistance? 14. The Artist, in turn, will owe the Collector nothing further. Limit exclusivity clauses with new sellers to six months or less (certainly no longer than a year), and keep them local or regional, not statewide, not national, not worldwide. Basically, you entrust your art to the seller who in turn, promotes and markets it, sells it, collects the money and then pays you a predetermined percentage of any sales. Sellers, of course, have their own rules or requirements for how they do business, which may or may not match up with yours. Copyright. If the artist or gallery has a preferred shipper, this could be added to the contract under this section. Promotion. * Be on the lookout for unreasonable termination clauses that require you to pay back, for any reason or at any time or at the other party's sole discretion, advances or initial payments made to you. The Artist will consult with the Collector concerning the piece's layout, coloring, design and materials. This is to acknowledge receipt of the following artworks on consignment.Artist should list both the wholesale and retail price for the convenience of the gallery and to avoid any misunderstandings. 18. When the seller gets paid, you should be paid within a set time period after that, usually 30 days. Or specify a set time period after which the contract can either be ended or renegotiated. To minimize and hopefully avoid possible conflicts, the rights and obligations of both the artist and the gallery should be clearly written in a contract. ASK Harriete offers professional advice to the arts and crafts community.Below is a number of posts about Consignment Contracts. This clause concerns ownership of the artwork and the gallery’s fiscal responsibilities to the artist. Thanks to Nate Cooper, lawyer, mediator, musician, and Legal Services and Education Coordinator for California Lawyers for the Arts, for assistance with this article. The art piece shall be delivered to the Collector at the following address no later than MM/DD/YYYY: No “sales on approval” or “on credit” shall be made without the written consent of the artist. 12. Commissions for one-of-a-kind work should probably be handled on a case-by-case basis, depending on the difficultly of the commission. * Register your copyrights, especially when you're concerned about your art being reproduced without your permission. Artist should have control over any repairs, as necessary. For a deeper understanding of contracts, read the book, The Artist-Gallery Partnership by Crawford & Mellon. The Artist reserves the common-law copyright to all works commissioned by the Collector that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. The percentage for consignment between a gallery and an artist is always negotiable, though most commonly the arrangement is 50% artist /50% gallery or 40% artist/ 60% gallery. Find out what percentages of sales they receive (typical percentage is in the vicinity of 50%), when and how they get paid and so on. Offering a discount raises two immediate questions. Commission. First, who absorbs the discount? * Ask about and understand any exclusivity clause in any contract. Option 1. The Professional Guidelines Committee recommends that artists should not sell their work at studio sales below the retail price established at their galleries. Fiduciary Responsibilities. Security Interest. Reproduction. The gallery shall include on each bill of sale of any artwork the following legend: "All copyrights to reproduction of the artwork(s) identified herein are retained by the artist.". 8. In the case of discount sales, the discount shall be deducted from the gallery's commission. 1. If your art is too expensive, it likely won't sell. Security Interest. Insurance. If the gallery's agency is exclusive, then the gallery shall receive a commission of _____% percent of the selling price for each studio sale of art by the artist that falls within the scope of the gallery's exclusivity. Don't be afraid to talk about money. The art world is small and word travels fast; you don't want to run into difficulties especially if you're early in your career. The gallery shall insure the artwork for its full wholesale price. Option 2. (Again, for more information see the Artist Checklist: Claims for Damaged Work.). Even if a gallery agrees to this arrangement, the artist should try to negotiate to be paid in full before the gallery retains any of the money, rather than having to wait until the end of the installment payments to receive a check. The artist can use this contract as a checklist or guide for negotiating modifications and revisions. 6. Commission. Be sure to write a mutually acceptable payment structure into the contract. 5. All installment proceeds received by the gallery shall first be paid to the artist until the artist has been paid in full. Use every means possible to resolve differences or disagreements without engaging the legal system. 17. The Collector will pay the final amount of $XX upon delivery of the finished piece. They truly believe they can sell your art, but the fact is that sellers sometimes guess wrong and show art or that ends up not selling.
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