Artist contracts: my argument for avoiding them
As a working artist, you may be enticed to join a gallery for many reasons. Likely you’re hoping the gallery will take over the sales side of your work so you can spend more time making art and less time marketing and selling. Naturally, this will come at a cost, usually it is 50% commission to the gallery. If a gallery is selling well for you, you won’t mind paying the 50% at all!
Enter, the contract
If a gallery is going to commit to representing your work, they will be putting a fair bit of time and effort into your career, and in exchange for that they will want the assurance that sales will go through them. Otherwise, why should they help you? This is how the artist contract began.
Important note: I am fully supportive of galleries who want a contract signed, so they will be appropriately paid for their efforts (I’ve been in that position!) This article is to ensure artists are looking closely at contracts to make sure it is favourable for them as well.
An argument for not signing a contract
I worked for many years at a gallery that did not force their artists to sign a contract. Instead, the gallery operated with a more casual written agreement, that didn’t need to be signed. Here’s why it worked:
If things aren’t working out in the relationship, why would you want to force someone to stay?
- If the gallery is not selling the artist’s work actively, they should not be forcing the artist to stay, limiting their opportunities for sales outside of the gallery
- If the artist is stuck in a gallery contract and not making sales, their career will be stagnated
Free service: I will review your artist contract if you need a second set of eyes*
*Disclaimer: I am not a lawyer, and I wouldn’t choose to look over a contract that you’ve already signed. I am offering this service to review a contract before you sign it, and simply comment if the contract items are typical or not.
Step 2: Send me your contract to alissalsexton@gmail.com
*Once again, I am not a lawyer and won’t be looking at your contract in terms of legal obligations. I will only look at it and give my opinion as to whether the contract is typical of the industry.
