In addition to its legal services, Arts Law also has a searchable bank of standard contracts offered for sale on its website. In order to further support low-income artists and organizations in drafting contracts, their model contracts contain not only model formulations for each clause, but also explanations. In addition to the basic details of the borrowed works and the contact details of both parties, loan agreements usually also describe the following essential information: Price of the work and its destination: that is, who sets the price and who has the bargaining power? Does the gallery have the right, in its sole discretion, to grant a discount up to a certain amount – without the artist`s consent? And if a discount is granted, which party will receive it? Is it divided or divided equally? Cost: For example, does the artwork require framing or other specifications for display? Who is responsible for these expenses, as well as those associated with transportation, maintenance, etc.? In general, artist contracts can take different forms depending on the situation. But there are also a few important sections and details that are common in different types of contracts: including the full and complete details of a work of art or proposal; copyright and documentation permits for works of art; the timing of the agreement, milestones and deadlines; the applicable law under which the Contract is performed; and dispute resolution and termination procedures. Here`s a breakdown of (some) common types of contracts and agreements you might encounter during your artistic career. The main objective of this agreement is to define the commitments and expected results for the beneficiary and the grantor, often confirming and executing what was originally provided for in the grant application. Important details of the project, scope and conditions are covered, including: And most importantly, the title and copyright of the delivered work: that is, both remain with the artist. A commission contract is based on an agreement between the artist and the client in which the artist has been tasked with creating new works of art. A commission contract typically includes all the specific requirements of the project as determined by the client and/or artist, and a formal timeline for completion, including milestones/phases, progress reports, or review cycles, as well as: This may not be necessary for each contract, but if you send your work to a gallery or retailer, you`ll want to go the extra mile, to protect your art business by adding a detailed list of the pieces you`ll give them. A termination clause, which may include killing costs, is an important part of any form of agreement, as it establishes the procedure for terminating the contract: under what circumstances can it be annulled, how much termination must be pronounced, who will bear the costs already incurred, etc. In particular, the Covid-19 pandemic has shown the importance of having coverage and options in case of unexpected cancellation. In some cases, a loan agreement may also take the form of a consignment agreement (more on this below), especially if a work is loaned to a commercial gallery for exhibition, where a sale could be facilitated by the organizing institution.
A loan agreement is a contract between an exhibiting institution and the owner or artist of the work or works to be borrowed for a temporary exhibition. The important details of a consignment contract are usually: if the artist receives a royalty in exchange for the exhibition of the work, this is also described in detail with the payment plan. Who is responsible for the costs and actions of shipping, framing, insurance and storage of the artwork? Who pays for damaged work? Many passionate artists prefer to spend more time creating art than on sales logistics. In such cases, they work with art sellers to take care of all the commercial and marketing aspects of their craft. In the sector of contract art sales, there are different types of partnerships. Some refer to individual pieces, while others include a full representation of the artist and his entire collection of works. Contracts can take time, research and negotiation. Here are some tips and resources for getting advice and help on contractual issues – which should usually be sought before entering into an important contract/agreement. (6) This Agreement shall be governed by the laws of the State ___ and shall be bound and construed in favour of the respective executors, directors, successors and assigns of the parties.
There are different types of contracts that come into play for artists who work professionally – whether in the context of representing galleries, receiving commissions or financing, selling a work of art or a temporary work for a temporary exhibition. 1. For a period of ______ years, from the date of this Agreement, the Buyer has the exclusive right to offer for sale in any part of the world all works of art created by the Artist and belonging to the Artist and to authorize other persons for sale. The artist first delivers each of these objects of his work to the buyer at the place determined by the buyer. 5. Upon sale of any of the artworks covered by this contract, the buyer will be reimbursed the actual net proceeds of the sale of all initial shipping costs incurred in connection with that item. In addition, and in compensation for the Buyer`s performance in carrying out the sale of a particular work, the Buyer shall be entitled to __% of the balance of the net proceeds of the respective sale as well as for the Buyer`s commission for the execution of such sale with the remaining percentage of such balance, less any amount otherwise due to the Buyer under this Agreement, Retain. to be paid quarterly to the artist. A consignment contract is a contract between an artist and a gallery in which the artist – sometimes similar to a loan – makes works of art available to the gallery, often for a certain period of time. Under a consignment contract, the work is usually provided free of charge by the artist. And if the gallery sells the work during consignment, it receives a commission for the sale (usually about 50%). If the work is not sold within a certain period, it is likely to be returned to the artist.
Such agreements between the artist and the gallery may be concluded on a one-off, temporary or longer-term basis. 3. During the period of ______ years, the Buyer will have exhibitions of the Artist`s works in the cities __.