An artist rarely signs more than two or three representation contracts in a lifetime, and so never gets good at it, while the agent or gallery across the table signs several a year. That imbalance is the only real difficulty here.
Here is what a sound contract contains, clause by clause, and what should stop you.
What the contract is, legally
An artist’s agent acts as a mandatary. He negotiates and concludes in the name and on behalf of the artist, who remains the legal seller of the work. The agent does not buy the work, does not resell it, and never becomes its owner.
The distinction is not theoretical. It decides who carries unsold stock, who bears liability in a dispute, and who receives what. An intermediary who buys in order to resell is a dealer, not an agent, and the relationship then follows different rules.
The eight clauses that count
Scope. Which works are covered. The whole output, a series, a period, a format. A mandate covering « all present and future work » with no further detail is too wide.
Exclusivity. The most sensitive clause. It can be total, limited by territory, or limited by channel. If you go on selling directly from the studio, to friends, or at a local fair, put it in writing, with or without commission.
Commission. The rate, but above all its basis: on the price of the work, or on the total collected including transport. And what it covers, so that costs do not reappear later. We devote a whole article to an agent’s commission.
The price, and who sets it. A price agreed jointly, recorded in writing, with a clear rule on discounts. An agent who can grant a thirty per cent discount alone is in fact deciding your standing.
Payment over. The period after collection, and the method. Thirty days is reasonable practice. Beyond that, ask why.
The agent’s obligations. This is the part weak contracts leave empty. Documenting the works, photographing them, presenting them, accounting for sales and contacts. A mandate that lists no obligations binds one side only.
Term and exit. One year renewable, with two or three months’ notice, suits most situations. Provide for the case where nothing sells: a review clause at term beats a divorce.
What happens to what was produced. Photographs, texts, catalogue entries. Who may use them after the contract ends, and for what. Everyone forgets this, and it causes trouble two years later.
The signals that should stop you
An open ended commitment, or one that renews with no way out.
Costs charged to the artist: joining fees, catalogue fees, listing fees, photography billed in advance. A professional is paid on the sale, not on the hope of a sale.
A worldwide perpetual exclusivity for an intermediary with no venue, no audience and no verifiable track record.
The absence of any reporting. You must know what was shown, to whom, and what sold.
An unsigned contract, replaced by a verbal understanding. It works perfectly until the day it does not.
What the law provides without your asking
Two rights belong to the artist and are not negotiable.
Moral rights are perpetual, inalienable and imprescriptible. The artist keeps the right to respect for his name and his work, whatever he has signed. Selling a work never transfers copyright: the buyer owns the object, not the right to reproduce or exploit it.
The resale right gives the author a percentage of later resales made through a professional. We explain it in the article on the resale right.
How we do it
We sign a sales mandate with each artist. It states the scope, the negotiated commission, the price of each work, the payment period and the term. The artist remains the legal seller, we collect on his behalf and pay over.
We never charge joining, catalogue or photography fees. Documenting the works is at our expense, and that is precisely what the commission finances.
If you are an artist and the approach interests you, the steps are set out in getting represented by an artist agency. We answer everyone, including to say no, and we explain why.
One honest note
None of the above replaces a lawyer for an important contract. This article gives you the vocabulary and the points to watch, not legal advice, and we are not lawyers.