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Artist - Art Centre Agreement
This type of agreement may seem to be cumbersome, time consuming
and unnecessary, but be warned:
1. If there is no written permission from the artist(s),
the art centre is not legally allowed to act for them.
2. Title to work(s) needs to be clear in case of legal action,
the death of the artist or the closure of the art centre.
3. Most Aboriginal artists in the Territory die intestate
(with no will).
Some art centres purchase works outright, others part purchase
and the rest pay upon sale of the work. Depending on how
your art centre operates, you will need to specify somehow
which works you handle and which you don't.
If there is an exclusive agency agreement between the artist
and art centre, the art centre is the agent for all the work
produced by the artist. If there is no such agreement the
art centre can stipulate that it is only the agent for the
work that is either sold (wholly or partially) or consigned
to the art centre.
This type of agreement needs to benefit both parties. The
artist has a right to expect certain services in return for
(i) allowing the art centre to act as agent and (ii) the
fee the art centre takes for acting as agent.
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1. This is an Agreement between
.....................................................................................
(artist)
and .............................................................................
( art centre, ABN number)
2. I grant...................................... (art centre)
the authority to act as my agent for all the art and craft
works bought to them for sale. As agent the art centre
is permitted to negotiate copyright agreements, arrange
for sale of the works, consign works to other galleries
for exhibition, promote the works and photograph works
for the purposes of documentation and promotion.
3. This agreement is non-exclusive and only applies to the
work(s) sold (consigned) by .................................
(artist name) to ..................................... (art
centre)
Some of the things an artist can expect are:
4. ..................................(art centre) is obligated
to maintain up-to-date documentation of all art and craft
works and all financial transactions associated with them.
5. ..................................(art centre) will provide
materials to the artist at no cost.
or
artists will pay for materials and be reimbursed.
6. ..................................(art centre) will provide
secure storage for the work(s).
7. Moneys received for sale and after the deduction of the
art centre commission will be paid to the artist(s) within
.........(7,14...) days.
8. .................................(art centre) is permitted
to receive a ...........................(20 - 50%) commission
on all sales.
If the work is only consigned
9. Ownership of the art work(s) remains with ......................(artist)
until the sale of the work(s) when the title for the work(s)
passes to the purchaser.
or
If the work has been partly purchased by the art centre or
the art centre has paid for materials then:
Ownership of the art work(s) is jointly held by the artist
and art centre until the sale of the work(s) when the title
for the work(s) passes to the purchaser.
The art centre will receive its commission
or
be reimbursed for its expenses when the work is sold. The
remaining money will be paid to the artist.
Note
There may also need to be an option for when family do not want the work of
a deceased sold or displayed anywhere for a period after their death. In this
instance the family can pay the money outstanding ie the material costs and
the partial payments and destroy the work or the art centre can agree to put
the work in storage until they get permission to display it again.
10. After the death of an artist, any works left unsold
in the art centre shall be displayed only with the permission
of the family. When works are sold the art centre will retain
its commission and the remaining money will be paid to.....................................(artist's
family). Copyright fees and other royalties will be paid
to ................................(artists family). Permission
will be sought from ...................................before
any agreements are entered into on behalf of the deceased.
11. Copyright remains with the artist(s)....................................
12. ......................(art centre) will receive a fee
of............................(10% of the fee? $10) for
every copyright license negotiated,
There are a number of other types of clauses that might
be added to this type of contract.
Some artists may want to state who receives title to their
work or money from the sale of their work after their death.
In the case of art centres that only take work on consignment
from art centres the following clause may be appropriate:
................................ decrees that upon their
death title for all their unsold work passes to .....................................
(This is if the art centre has the work on consignment)
When the art centre pays for materials or has part paid
for the work the following may be suggested:
...............................decrees that upon their death
title for all their work passes to................... The
art centre is entitled to recoup expenses for materials or
previous payments to the artist from the proceeds of selling
the work.
or
When the work is sold through the art centre, the art centre
shall receive its commission and the remainder of the money
will be paid to............................
13. This Agreement constitutes the entire understanding of
the parties. It cannot be changed without the written permission
of both parties.
14. Should any disputes arise concerning any matter referred
to in this contract, the dispute will be referred to the
arbitration of the.......................... ( Artslaw
Centre Mediation Service) by both parties.
Signed..............................................................
Dated on the....................................................
(Artist/s)
Signed...............................................................
Dated the..........................................................
(For and on behalf of the Agent/Art Centre) |
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