Artist Story: Lindsay Obermeyer

Lindsay Obermeyer, Scab, 2004, 6” in diameter, bead embroidery on vintage textile, photo credit: Sanders Visual Images.

My mother always told me that it is better to be safe than sorry.  Though Mama doesn’t always know best, these are words to live by.

Every time you consign work with a gallery, you need a contract.  Why don’t many artists and gallery directors consider a contract to be standard procedure?  I have heard a range of responses over the years.  They vary from “I don’t want to push it with the gallery director” to “I prefer to work on a handshake.”  Odd responses when you consider that a contract is simply an agreement of terms.  It spells out the rules by which both parties operate. 

Consider this example.  You are the brilliant artist you know you are and gallery directors are clamoring for your attention.  After several meetings, you go with Gallery A.  He (or she!) wants 10 of your recent paintings for exhibition in three months.  Great!  Fabulous!  You rush back to the studio and send out a zillion emails to all your closest friends.  A week before the grand opening, you arrive with your paintings.  The director looks through them and enquires why they aren’t framed.  You respond that you never frame your work.  You allow the collector to make that decision.  But the gallery director isn’t appeased.  He only shows framed work.  Now you have the option of spending thousands of dollars to have these pictures rush framed or risk not having the exhibition.  What do you do?  You review your copy of the contract.  You point out that there is no mention of a framing requirement and then suggest installation possibilities that would suit you both.

Does this example seem far fetched?  A similar incident happened to me.

Many artists seem to consider contracts a form of bad luck, a bit like the couple signing the prenuptial.   Again, a contract simply spells out the terms of business.   It is there to protect the interests of both parties and guarantee that disagreements are kept to a minimum. 

Let’s consider another example.  Your career is developing and you have your work contracted with galleries around the country.  The director of Gallery XYZ calls with good news.  An architectural firm wants to purchase eight of your paintings for inclusion in a new building.  The sale takes place and there is even a small write up in the local paper about their installation.  You couldn’t be happier, except for the fact that you are still waiting to be paid.   Phone calls to the gallery director are being ignored as are your emails.  What do you do?  You contact your lawyer who writes a short and succinct letter requesting payment.  The following week, a check is in your mailbox.  Now I can hear the cries of “Won’t that tick off the gallery director?” and “He will drop my work!”  Let me ask you- are you in the business to give away your art?  Without a contract spelling out payment terms, you could still be waiting for your check. 

This situation has once happened to me and it isn’t fun.  Fortunately, I had followed Mama’s advice and required a signed contract before delivery of any work.

You still aren’t convinced you want to bother with contracts?!  Let me give you one more example.  In 1989, a building in the River North area caught fire.  Several galleries burned to the ground.  Artists who didn’t have contracts stipulating insurance coverage lost not only their work, they lost potential income.  Some couldn’t prove the number of works on consignment as they didn’t have a copy of the contract listing them.  Fires happen.  Pipes burst.  A myriad of catastrophes can and do occur.  A good contract is your only form of protection. 

I have had the bizarre honor of my work being stolen from a gallery.  My cost was covered by the gallery’s insurance company.  All I had to do was send a copy of the contract to the gallery for submission with the gallery’s copy and the theft report.  After a brief investigation, a check was written.  I followed the lessons learned in that horrible fire and now make sure every contract includes a paragraph on insurance coverage.

If a gallery doesn’t have a standard contract, offer to write one.  The director may be momentarily taken aback, but reassure him that this is simply to guarantee an excellent working relationship.  There are many resources to guide you.  The Chicago Artists’ Coalition’s Artists’ Self-Help Guide is an excellent starting point.  I also like Tad Crawford’s Legal Guide for the Visual Artist and M. Stephen Doherty’s Business Letters for Artists.  For more difficult questions or if you need to have that collection letter written, the organization Lawyers for the Creative Arts is an excellent resource.  The nature of this contract is dependent on the situation, but I can’t stress enough the importance of having one.

Don’t make the mistake of pushing aside your business interests in the rush of getting the show.  Treat the business side of art with as much seriousness and concern as the creative side.   After all, it is better to be safe than sorry.   

© 2006 Lindsay Obermeyer