In the previous article, Galleries, Shows, and Other Opportunities to Show Your Work I took a look at a variety of options to show and exhibit your work. In this article I will explore some things you should consider before entering into an agreement to show your work with a gallery or other third party venue.
Having your work shown in a gallery can be a great way to build your art brand and support your other marketing efforts. If you are represented by a gallery you are entering into an agreement between you and the gallery. As with any agreement it is important to know what you are getting into. The same goes for having your work shown on an online gallery as well.
Good business relationships are based on having a good understanding and an agreement of what is expected of all parties. I have heard from many galleries that artists are a “pain” to work with and an equal amount of artists that say that galleries are a “pain” to work with. My suspicion is that most of this comes from relationships forged on a lack of understanding of what is expected, who is responsible for what, and typically the lack of a formal written agreement.
A gallery agreement is a legal document
Typically with a gallery you will have to enter into a contractual arrangement. This may seem painfully obvious but a gallery agreement is a contract and like any contract it is a legal document. If something goes wrong and there is a dispute you may enter the realm of lawyers, courts and the expenses that go along with them.
A good contract will benefit both the artist and the gallery. Don’t be rushed into signing a contract! You may be presented with a contract that is “the one everyone signs” or “our standard contract” – think carefully before you enter into any agreement. Make sure you understand the obligations of both parties and how the contract will affect your business now and in the future.
And speaking of signing a contract – you may have the heard the saying “an oral contract is as good as the paper it is written on”. Whenever possible get your agreements in writing and avoid future misundertandings!
Online Art Galleries
Today many artists show their work on online art galleries. Just because you haven’t signed a contract doesn’t mean that you haven’t entered into one. When you agree to the terms of using an online gallery it is the same as if you had signed a written contract. Read carefully the online gallery’s terms and conditions before you press the “I Accept” button. If you post or share images of your work on online photo sharing networks or social media platforms it is probably a good idea to check their terms and conditions as well.
Here are some things to look for in any contract with a gallery:
- Is the contract written?
- What period of time does the contract specify for representation?
- How does either party get out of the contract?
- What are the gallery location(S) and hours?
- What is the exhibition schedule and duration?
- What are the due dates with respect to: contracts, bios, price information etc., Gallery take down & restoration, pick up dates
- Who is responsible of marketing and what are the specifics?
- Who is responsible for installation and take down?
- Who is responsible for gallery restoration?
- What is the commission split on the sale of your art?
- Is the contract for the purchase of your works, guaranteed minimum or consignment on a best efforts basis?
- Who is responsible for the transportation of artwork to and from the gallery or customer?
- What insurance is to be provided by both parties?
- What are the requirements with regards to accounting and record keeping?
- What are the stipulations with regards to the inspection of yours and the galleries books?
- Do you need releases for images of art, the artist and written materials such as a bio or artist’s statement?
- How will you handle new works of art?
- Is the contract exclusive to the gallery, for how long and where geographically?
- How are sales by the artist handled?
- How are reproductions going to be handled?
The bottom line(s)…
If you have trouble trying to decipher the “legalize” or you are not sure about what something means then seek out the advice of a qualified professional. There are many attorneys that specialize in art law and they can help you with gallery contracts. You may also want to seek out the advice of other artists who have real experience with galleries, but remember this isn’t a job for “Uncle Bob or Aunt Jane” who once had their art hung in a gallery.
Galley representation can be a great way to build your brand – if you do it right! Remember that with most any contract everything is negotiable. Before you sign an exclusive contract make sure that it will be beneficial to you. Make sure you abide by the things you have agreed to and make sure that the gallery upholds their part of the deal as well. Good Luck!
Neil McKenzie is the author of The Artist’s Business and Marketing ToolBox – How to Start, Run and Market a Successful Arts or Creative Business available in softcover from Barnes & Noble and Amazon and as an eBook from iTunes, Amazon and Barnes & Noble. He has developed and teaches the course “Artrepreneurship” at the Center for Innovation at Metropolitan State University of Denver, and is also a visiting professor at University College at the University of Denver.
Neil has over 30 years’ experience as a management consultant and marketing executive, working with some of the world’s top brands. Neil is a frequent lecturer to artists and arts organizations, a guest columnist for Colorado Biz Magazine, where he covers the creative sector of the economy, and the author of several articles for Americans for the Arts, a national arts organization. Follow Neil on Twitter: @neilmckenzphoto