Case Study

An independent artist is approached by a new commercial gallery to show in a group exhibition. The artist and gallery agree verbally to a commission split of 40% to the gallery and 60% to the artist. They don’t enter into a written agreement. 

The artist shows four paintings in the exhibition, two sell and two remain unsold when the exhibition closes. When the artist goes to collect the unsold works and discuss invoicing for the sold works, the gallery advises the artist that $300 needs to be deducted from the sale price for the cost of framing the works. The artist is unhappy as they feel this was not the agreement. The artist expresses this unhappiness to the gallery owner verbally and then via email later the same day, and also asks for a copy of the receipt for the stretching costs. 

The artist consults peers and mentors and discovers that when entering into the agreement with the gallery they should have discussed more detailed terms than just the commission split. The artist accesses an Arts Law contract template and sees the range of terms and conditions addressed. They decide to negotiate with the gallery, and they come to an agreement to pay $150 each for the framing. 

The gallery ensures that they use a clear written agreement with artists in the future. The artist ensures that when working with any galleries in the future they enter into an appropriate and detailed written agreement they source from Arts Law.