The Friday evening opening at the Toney Gallery drew its usual crowd of elegantly dressed buyers and aficionados. As I glanced around I saw someone who looked familiar, but the pieces didn't fit. The friend the man resembled had always defined the term bohemian for me; he did not, as far as I knew, even own a suit. This man was dressed impeccably, custom tailored and slightly European down to his expensive leather shoes and French cuffs and cufflinks. I looked again and he caught my eye; he moved toward me, smiling, exuding self-confidence, his hand outstretched in greeting. It was my friend after all. But what a change! No longer the starving artist, this man looked downright prosperous.
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This column addresses the issue of contracts between artists, galleries and collectors. A contract is the essential tool that informs both parties of their responsibilities and objectives. If you and your gallery/collector work well together, you will rarely, if ever, refer to it.

Since I am not a lawyer (I’m not even a doctor), I thought it best to cull information from the top publications in the field dealing with the business of art. I compiled the following highlights from the five books listed below (see Great Publications on Contracts) in order to shed some light on consignment agreements with galleries, formal representation contracts with galleries, and bills of sale with collectors. Contracts address important issues of ownership and negotiation.

Consignment Agreements with Galleries
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The information below is part of a series of guides that outline the pros and cons of various types of venues.

ABOUT:  Many work from their home or a small office.  Most do not do public exhibitions.  Some work with a specific genre or media, others choose artists by project.  Some make their money from the sale of an artist’s work, and others don’t.

EXPECTATIONS:  Generally work with a wide range of artists.  Corporate art consultants work on a project basis with a client to build a collection.  Most take a commission from sales.

PROS:  Can be a good source of income.  An artist may work with several consultants at one time.

CONS: Work is sold without being publicly exhibited. more...

Karen Atkinson describes the pros and cons for showing in different venues. Click on the links below to compare various presentation options:

Museums
Commercial Galleries
Nonprofit and Artist-Run Spaces
Alternative venues
College and University Galleries
Private Art Dealers and Art Consultants
Rental Galleries
Corporate Art Collections
Slide Registries
Open Studios
Online Galleries and Sales Sites
Vanity Galleries
Juried Exhibitions more...

(http://edwardwinkleman.blogspot.com)

Bambino and I were interviewed recently by a charming and very smart young writing duo who are working on a how-to book for artists that's being published by a major publishing house soon-ish. We'll give you plenty of info when it's closer to the time that you can get a copy for yourself. It does sound as if it will be very helpful.

One of the questions that came up during the interview, though, dealt with representation contracts, and I made some statements about them that I only later realized were perhaps only my opinion and not representative of how artists and other galleries feel. So I thought I'd solicit other folks' feelings about the use of such documents.
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