Dr. Art on Contracts with Galleries & Collectors

Matthew Deleget, Visual Artist Information Hotline, courtesy of New York Foundation for the Arts

This column addresses the issue of contracts between artists, galleries and collectors. A contract is the essential tool that informs both parties of their responsibilities and objectives. If you and your gallery/collector work well together, you will rarely, if ever, refer to it.

Since I am not a lawyer (I’m not even a doctor), I thought it best to cull information from the top publications in the field dealing with the business of art. I compiled the following highlights from the five books listed below (see Great Publications on Contracts) in order to shed some light on consignment agreements with galleries, formal representation contracts with galleries, and bills of sale with collectors. Contracts address important issues of ownership and negotiation.

Consignment Agreements with Galleries
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Gallery Representation Contracts

Excerpted from Edward Winkleman's Blog
(http://edwardwinkleman.blogspot.com)

Bambino
and I were interviewed recently by a charming and very smart young writing duo who are working on a how-to book for artists that's being published by a major publishing house soon-ish. We'll give you plenty of info when it's closer to the time that you can get a copy for yourself. It does sound as if it will be very helpful.

One of the questions that came up during the interview, though, dealt with representation contracts, and I made some statements about them that I only later realized were perhaps only my opinion and not representative of how artists and other galleries feel. So I thought I'd solicit other folks' feelings about the use of such documents.
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