What Artists Need to Know About Art Exhibition Deals

Getting your art into an exhibition can be super exciting, but it's important to read the fine print before signing any deals. Here are some key things artists should look out for in their exhibition agreements to make sure they're protected.

1. What’s in the Deal?

a. Dates and Duration: Make sure the contract clearly states when the exhibition starts and ends. Don't forget to check the setup and takedown times.

b. Locations: Double-check where your artwork will be shown. If it’s a travelling exhibition, all the venues should be listed.

2. Ownership and Your Rights

a. Keep Your Copyright: You should keep the copyright to your artwork. The gallery can display it, but they shouldn't own or reproduce it without your permission.

b. Use of Your Artwork: If the gallery wants to use images of your work for promotion, make sure the contract limits how they can use those images and whether you’ll get extra payment for it.

3. Sales and Money Matters

a. Prices and Commissions: Understand how your art will be priced and what the gallery’s commission rate is. This should be clearly written in the contract.

b. Getting Paid: Know when and how you’ll get paid after a sale. The contract should specify the payment timeline.

c. Unsold Pieces: Decide what happens to unsold artwork after the exhibition. Will the gallery return them, or do they keep trying to sell them?

4. Insurance and Responsibility

a. Insurance: The gallery should insure your artwork while it’s in their care, covering theft, damage, and loss.

b. Who’s Responsible: The contract should outline what the gallery will do to protect your art and what happens if something goes wrong.

5. Promotion and Marketing

a. Gallery’s Job: Make sure the gallery will promote the exhibition properly. This could include social media, press releases, and events.

b. Your Role: Clarify if you’re expected to do any promotion or attend events and whether you’ll have to pay any related costs.

6. Ending the Agreement and Handling Disputes

a. Ending the Deal: Include a clause that explains how either party can end the agreement, including notice periods and any penalties.

b. Solving Problems: Set up a way to handle disputes, like mediation or arbitration, before going to court.

7. Exclusivity and Competition

a. Exclusivity: Check if there’s a clause that stops you from exhibiting similar work elsewhere within a certain area and time.

b. Non-Compete: Be wary of clauses that might limit your ability to show or sell your work elsewhere. Make sure they’re fair and don’t restrict your opportunities too much.

8. Legal Stuff

a. Follow South African Law: Ensure the agreement follows South African laws on contracts, intellectual property, and consumer protection.

b. Get Professional Help: It’s a good idea to have a lawyer who knows about art law look over the agreement to make sure you’re protected.

Conclusion

Art exhibition agreements can have a big impact on your career and finances. By paying attention to these key areas, you can protect your rights and have a good relationship with the gallery. Remember, a solid contract isn’t just a formality; it’s a crucial tool for protecting your art and your future.

The StartUp Legal is here to help make your compliance journey seamless. Book a complimentary consultation with us using the following link: https://calendar.app.google/z6zCLde5cGi1nC8X6