The Importance of Written Contracts for Artists

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.

Good luck and thanks for reading!

This article is copyright ©Chris Kennedy, 2009.

Chris Kennedy owns and maintains PrintThatImage.com, a specialty printing site for giclée prints, fine art printmaking, gallery wrap canvas prints, and promotional products for professional artists and photographers. His office is located in Fort Lauderdale, Florida.