This section does not need to be complete, it can be a simple statement on maintaining copyright on your artwork. In last month`s edition, it was proposed that one method to gently introduce the artist and buyer into the idea of a written agreement is to ensure that all artists begin to use a sales bulletin that simply recorded the date and place of sale, described the parts and the work, and set the price and payment terms. (Artists and their agents could use a simple co2 copy book for the purchaser`s use and keep the copy; Buyers who do not stand ready to sign the invoice could receive the original signed by the artist or agent alone.) The Sales Bulletin will act not only as a receipt for money, but also as documentary proof of the sale. Enforcement could be made more acceptable to reluctant buyers if supported by artists` organizations and groups, galleries, museums, regional arts associations and national arts councils; everyone was able to authorize its use, so it became the „Standard Artists Bill of Sale“. Who is responsible for the costs and deeds of shipping, framing, insurance and storage of the artwork? Who pays for the damaged work? The words and figures above describe the date, location, purchase price and terms of payment for this contract to purchase the artwork above. However, to protect the future existence and use of the work, the parties agree: currently, most sales are made by artists or their agents without discussing these things, much less to agree and write them in writings. If, at the time of the sale, nothing is agreed as to their respective rights and obligations, the law imposes certain obligations on the artist and the buyer – whether they like them or not: (this was called a „silent contract“ in last month`s edition). In order to avoid the unwanted imposition of the „tacit contract,“ artists and purchasers should discuss and agree on their obligations to each other and to the work at the time of sale, implement in writing the terms of this agreement and sign them both. It may not be necessary for any contract, but if you pass your artworks to a gallery or dealer, you`re going to want to go the extra mile to protect your art business by adding a broken down list of the pieces you`re going to give them. How can the client be involved in the commission process? What is the review process? How many times do you have to meet the client? Hundreds of articles on all aspects of art and law. Insert a section in which you will indicate the price and cost of the project. Be sure to determine exactly who is responsible for paying what, including all hidden fees or taxes, and set due dates and payment processes. When it comes to an effective art contract, the devil is in the details.
There can be so many responsibilities to keep an overview that it makes sense to say who is responsible for what and when. In the end, avoid misunderstandings, help the process make the process more fluid and protect your art business with a solid contract that you can look back on. Do you need a down payment in advance, continuous payments and a final payment? Will you accept credit, money or a cheque? What percentage do wholesalers, galleries or other agents take? Following our successful WFH Residency, Adaptations is a reward for the next step. It will help visual artists in search of authentic and innovative ways to adapt their practice to an era of physics… Related: Think from start to finish about every aspect of the project and answer these questions: What is it about? Who will be responsible for doing so? If? What do you mean? Start your contract with each party`s name, company, address, email address and phone number to find out who is involved and how you can contact each other.