Who is responsible for the costs and deeds of shipping, framing, insurance and storage of the artwork? Who pays for the damaged work? In last month`s edition, it was proposed that one method to gently introduce the artist and buyer into the idea of a written agreement is to ensure that all artists begin to use a sales bulletin that simply recorded the date and place of sale, described the parts and the work, and set the price and payment terms. (Artists and their agents could use a simple co2 copy book for the purchaser`s use and keep the copy; Buyers who do not stand ready to sign the invoice could receive the original signed by the artist or agent alone.) The Sales Bulletin will act not only as a receipt for money, but also as documentary proof of the sale. Enforcement could be made more acceptable to reluctant buyers if supported by artists` organizations and groups, galleries, museums, regional arts associations and national arts councils; everyone was able to authorize its use, so it became the “Standard Artists Bill of Sale”. The words and figures above describe the date, location, purchase price and terms of payment for this contract to purchase the artwork above. However, in order to protect the future existence and use of the work, the parties remain in agreement: it may not be necessary for any contract, but if you pass your artwork to a gallery or dealer, you will want to go to the extra mile to protect your art business by adding a disialed list of the pieces you will hand over to them. This section does not need to be complete, it can be a simple statement on maintaining copyright on your artwork. Right now, most sales are made by artists or their agents without discussing these things, let alone getting along and writing them. If, at the time of the sale, nothing is agreed as to their respective rights and obligations, the law imposes certain obligations on the artist and the buyer – whether they like them or not: (this was called a “silent contract” in last month`s edition). In order to avoid the unwanted imposition of the “tacit contract,” artists and purchasers should discuss and agree on their obligations to each other and to the work at the time of sale, implement in writing the terms of this agreement and sign them both. The job sale is simple: give it to the buyer and take the money.
However, many artists and buyers are interested in what might happen to the work in the future: buyers are often concerned about originality, the size of publishing and reproduction rights; Artists are often concerned about the maintenance of the work by the buyer, repairing the damage, acting back for exhibition purposes, where and how the work is delivered by the buyer, and the resale of royalties; Both are often concerned about responsibility for the deterioration of work.
