"Negotiations Between Artist and Gallery, Contracts Must Be Clear, Flattery Gets Ya Nowhere"

You have to put yourself in an artist's place. Here I am not knowing you or perhaps anything about the location. You contact me, like my art and want it. Cool, I appreciate the contact and compliment. Yet, if you are asking me to consign my work you become a voice over the phone or internet without credentials.

I had my work in a gallery in San Francisco on Union Square years ago. There was no contract and being a fledgling artist I did not ask for one. I was simply thrilled to be in a gallery in Union Square. There was a wonderful opening that I attended with all the other artists who had become part of the gallery. Wonderful food and wine were served and important people came, everything an artists desires from a gallery.

Living somewhat close to that gallery made it convenient to pop in on occasion. I went a few times to make contact with the gallery owner and see about future shows. Time went by and my contacts became less and more by phone. I later learned that the gallery owner had been 'renting out' the paintings to banks and corporate offices. That is not an unusual thing to do but it is unusual that the artist not be informed of it and receive a cut. I had no idea where my paintings were from one week to the next.

I moved to Hawaii leaving my paintings, all nicely framed, which was an expense and further investment on my part. I was new to the gallery scene though and still enamored that my work was in San Francisco in the famed Union Square. My investment was around 10 paintings as I recall.

Time passed and the gallery folded. The owner long gone. I lost all of my paintings and contact with the gallery owner completely.

Since that time I am very careful with galleries.

Consignment should provoke many questions. I live in Hawaii so obviously the shipping cost of my large paintings to ship to the mainland is not cheap. I do not pay for all of the shipping costs because of that and require the gallery to pay at least one way. I also require a very specific contract with the owners name and home phone and address.

There are a zillion galleries that come and go. Selling art is an art in itself and not everyone is in fact an artist. It is wonderful to have the opportunity to hang your work in a gallery especially in high traffic areas of the country, but it must be thought about as a commitment and business deal. If a gallery is going to 'make it' they will put the attention to detail that it needs to be successful. The contract must be well thought out first and foremost. Artists need to feel confident that their work will be hung with care and know when and if it goes into storage.

Galleries need to create a close relationship with their artists. They need to nurture the fledglings, and hype established artists. They need to create a family in a sense. They need to know that if the gallery fails they will have their work returned to them safely. Without that I am personally not comfortable being in a gallery no matter where it is. An artist should not undervalue themselves and ship out their work just because they are flattered for being asked. Likewise galleries need to respect the talent and energy that goes into a piece of art by attending to the details that make the relationship work and therefore become successful.

That was a real leaning experience for me as you might imagine. I have had other nightmares also, so I have had to put on a business hat as well as being an artist. Bad experiences are the reason I am extra cautious as to who and where I ship my work to. Normally I have a pretty strong bond with a gallery owner before I ship.


A few questions to ask a gallery:

Who pays the shipping costs? To and From.
Is there insurance, if so with who? and for how much?
Is there a trial period?
Who, what, where is the gallery owner?
Will the artist be notified if their work is temporarily put in storage?
Do they rent the work out? If so what is the artist's cut?
What is the % of a sale?

This list goes on of course. Think it through before you leave your work in any gallery. Gallery owners know how things should work, get your contracts complete and well thought out 'before' you approach an artist.

A good book to get is the latest Artist's and Graphic Designer's Market. It is full of info both for gallery owners and artists.