What do I need to know about contracts?
Legal issues will arise during your career. You might face disputes with curators who may have agreed to cover expenses for an installation but who later remembers that conversation differently.
[private free|gold|free special]
You might also feel that someone has appropriated your work in some way and is using it for their own gain without compensation to you.??The challenge in trying to understand how best to protect your work from infringement however, is that most cases are decided by interpretation through the court system.
The amount of published case law concerning matters of contracts, copyright, and fair use are staggering. It’s a fascinating field precisely for that reason – the answers aren’t black and white. Whether your concern is infringement or basic contract confusion, here are some tips for protecting yourself in the event of murky misfortune.
1. Approach any and every business relationship carefully.
2. Don’t assume the art world is against you and that you’re lucky to have any opportunity that comes your way. Think about your worth and consider any possible long-term consequences before signing any sort of agreement.
3. If you are involved with a gallery that won’t sign anything and/or is suspicious of you, they might not be worth doing business with.
4. Make sure to have formal consignment agreements with galleries that include a full list of your work.
5. If a contract with a corporate collection, for example, asks for “irrevocable, royalty-free right and license to use and reproduce” the work you sold, ask for clarification. You may enjoy having them use your work for their own promotional purposes, but you also may want to spell out when and how the image can be used and to limit all-encompassing language.
6. Be clear about what you want from the person or gallery with which you are about to enter in an agreement. Do you want sole representation? Do you want to just be one of their artists? Do you want career advice? Do you want help with pricing? Do you want them to take you to an art fair? Galleries in particular appreciate this level of clarity.
7. Negotiate over your needs and goals. State your interests instead of being positional.
8. Make certain there are clauses that insure artwork against all risks while in the gallery’s possession.
9. Artists will ultimately be called upon to verify provenance of a work of art, if need be, hence it is important that a gallery you are going into business with is willing to share the names of your collector under the condition that you keep the collector’s information 100% confidential.
10. Make it a habit to consult with a legal professional when signing licensing agreements. This is always a good opportunity to offer your lawyer a contra or part contra for services rendered. Often they like to update imagery around the office or home. I did this and had open access to my lawyer literally for years following the exchange as a result.
