While this is not a goal of every artist it is something that many of us look forward too. But is it simply enough to just sell a piece?
One thing I have heard from a couple of artists is that if they sell their work they feel it is gone.. but that is far from the truth.
One of the ways to keep track of and retain the right to show the work in future exhibits is to have a agreement of ownership with the work that you sell. The agreement does more than protect your work, copyright and ability to borrow the piece for future shows, it also tells galleries and organizations that you are serious artist and well organized.
True collectors or art lovers will enjoy this as well as the value of the work will increase more by being shown in more exhibits than it will just sitting in someone’s house.
Here is a sample of an agreement that I place with my works…
Sales Contract: Agreement of Original Transfer of Work of Art
Agreement made as of the _____ day of _______, 20____, between __________________ (herein after referred to as “the Artist”), located at ____________________________________ and _______________________ (herein after referred to as “the Collector”), located at ____________________________________, with respect to the sale of an artwork (herein after referred to as “the Work”).
WHEREAS, the Artist has created the Work and has full rights, title, and interest therein; and
WHEREAS, the Artist wishes to sell the Work; and
WHEREAS, the Collector has viewed the Work and wishes to purchase it;
NOW THEREFORE, in condition of the foregoing premises and the mutual obligations, covenants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:
1. Description of the Work. The Artist describes the Work as follows:
Title: ___________________________________ Medium: ____________ Size: ___________
Year Created: _______ Framing or mounting: _________ Signed by artist: Yes No
2. Sale. The Artist hereby agrees to sell the Work to the Collector. Title shall pass to the Collector at such time as full payment is received by the Artist pursuant to Paragraph 4 hereof.
3. Price. The Collector agrees to purchase the Work for the agreed upon price of $___________, and shall also pay any applicable sales or transfer taxes.
4. Payment. Payment shall be made in full upon the signing of the Agreement.
5. Retransfer. If the Collector in any way whatsoever sells, gives, or trades the Work, if it is inherited from the Collector, or if a third party pays compensation for its destruction, the Collector (or the representative of his estate) must notify the artist within thirty (30) days.
6. Transferees Bound. If anyone becomes the new owner of the Work, with notice of this contract, that person shall be bound to all its terms.
7. Copyright and Reproduction. The Artist reserves all reproduction rights, including the right to claim statutory copyright, in the Work. The Work may not be reproduced in any manner without the express, written consent of the Artist.
8. Exhibitions: The artist reserves the right to have access to the work of art for the purpose of exhibitions. The owner must inform the artist of any exhibits in which the work is exhibited in by the owner within 30 days prior to exhibition.
9. Miscellany. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of ____________.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date set forth above.
COLLECTOR’S SIGNATURE _________________________________ DATE: ______________
ARTIST’S SIGNATURE _________________________________ DATE: ______________