The contracts toolkit
Acknowledgements
Written by solicitor Nicholas Sharp and arts consultant Sheena Etches
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Contract builder
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- Using the contract builder
- Direct sales agreement This agreement is aimed at all visual and applied artists who sell their work, whether occasionally or regularly, and covers sales to galleries, private buyers and shops.
It is designed to clarify arrangements including ensuring that issues around copyright and moral rights are fully understood by both parties in the sale. - Sale or return agreement This agreement is for all visual and applied artists who offer their work 'on consignment' or on a sale or return basis to galleries and shops.
It aims to provide a clear record of a mutually-agreed arrangement, avoiding potential misunderstandings at a later date about issues such as ownership, insurance and payment terms for work sold. - Exhibition agreement This agreement aims to help artists to consider their needs, as a preface to discussions and agreement with a venue. If the gallery offers an artist its standard contract, this resource can be used by the artist to identify the areas where specific negotiation needs to take place.
- Residency agreement
Although residencies take place in a wide range of settings, there are core areas common to all that need discussing and agreeing in advance, to ensure that both parties have the same expectations and understanding of what will be done and achieved.
The residency agreement provides an exploration of the terms, conditions and responsibilities, and can be used either as a checklist to assess a contract provided by a host or commissioner or by an artist to build a customised agreement as a preface to detailed negotiations.
Contract checklists
- Using the checklists
- Gallery, dealer and agent checklist This checklist covers many of the issues that arise when artists enter into an arrangement with a private gallery, dealer or agent.
The checklist takes the form of a series of subject headings with associated questions to consider. - Commissions checklist This checklist covers many of the issues relevant to small-scale private and public art commissions.
The checklist takes the form of a series of subject headings below which are a number of questions to consider. - Licensing reproductions checklist This checklist has been devised as a tool to help users understand the purpose and content of a reproduction licence.
The checklist takes the form of a series of subject headings with associated questions to consider.
© 2004-2016 Text: Nicholas Sharp and Sheena Etches; iTool: a-n The Artists Information Company www.a-n.co.uk