When You Should Hire an Art Lawyer
If you work in the art industry, chances are you will need to hire a lawyer at some stage. We would always recommend being proactive in seeking legal advice as it will help protect you and prevent legal issues from arising later down the track.
In this story we cover exactly what an art lawyer does, when you should hire an art lawyer and what sort of legal arrangements you should have in place when creating, exhibiting, selling and donating art.
What does an art lawyer do?
Art lawyers provide advice on a wide range of legal issues relating to the creation and commercialisation of art works and the art marketplace. These range from drafting and negotiating contracts, protecting and defending intellectual property and copyright through to dispute resolution advice.
Unlike some other types of lawyers, art lawyers are unique as their legal expertise covers a broad spectrum of different specialisations and they also require a solid understanding and interest in the art industry and all of its intricacies.
When should you hire an art lawyer?
Whether you are an artist, gallery, art tech start up or museum, you should reach out to a lawyer when you are entering a commercial agreement of any kind (such as the commission of a new artwork, the consignment of an artwork to a gallery or the setting up of an online platform for displaying and selling art). A specialist art lawyer can map the various relationships involved, and guide you on what contracts should be prepared to set out the terms of the arrangement (avoiding differing expectations and miscommunications down the track).
There is also a lot of confusion out there about who owns what creative content, and who has the right to use it. An art lawyer can help you understand the ins and outs of copyright law and advise you on how to protect your creative content.
An art lawyer also plays an important role in estate planning for artists. If you’re an artist, having your will drafted by an art lawyer who understands the importance of preserving your work and legacy is essential.
I’m an artist. What contracts should I have in place?
There are a number of different types of contracts which may be appropriate for you to have in place.
Gallery representation agreement
If you are considering signing with a gallery or just having one exhibition with a gallery, it’s important that you set clear parameters around your relationship with the gallery. A gallery representation agreement is a vital mechanism to establish your rights and obligations with a gallery and helps ensure that everyone is on the same page.
Consignment agreement
Are you thinking of consigning your artworks to a gallery? A consignment agreement is a contract between an artist and a gallery where the artist provides the gallery with artworks that the gallery can sell on the artist’s behalf. Traditionally, the gallery agrees to sell the artwork in exchange for receiving a commission on the sold price. Artists often make these agreements verbally so they don’t miss out on an opportunity to work with a gallery. We understand that the idea of having a consignment agreement can feel like overkill, however, like a representation agreement, a written consignment agreement can help you establish and rely on the payment structure, marketing and insurance obligations.
Commission agreement
A commission agreement may also be useful to you. This contract sets out the terms for a commissioned artwork and often involves multiple parties such as fabricators, sound producers and photographers. For commission agreements, having a contract which clearly establishes the responsibilities of each party is vital.
Artwork sale agreement
What do you sell when you sell an artwork? Do you retain the copyright? Can you reproduce the work? How and when will you get paid? An artwork sale agreement governs the relationship between an artist and a purchaser. It helps answer these questions and clears up any uncertainties if the relationship deteriorates.
Guest Work Agency’s art law services
We help clients protect their creative output, diversify their income streams, negotiate multi-party public commission projects, and launch art tech platforms and marketplaces. Specifically, our services include:
Negotiating and drafting of contracts for private and public art commissions, artwork sales and licensing, gallery representation, artist publications, exhibitions and photography of artworks.
Drafting of website terms and conditions, privacy policies and regulation-required statements.
Providing legal advice on art and creative projects, particularly those with an advanced technology focus (AI, VR, XR, Blockchain & NFTs) in areas including intellectual property, privacy and consumer law.
Drafting wills for artists and providing estate planning advice.
Drafting letters of demand and providing dispute resolution advice, particularly in the areas of breach of contract, copyright, misleading and deceptive conduct and defamation.
Setting up non-profit organisations, registering for charitable and Deductible Gift Recipient status.
Advising on art crime and artwork restitution.
If this sounds like something you need, email us at info@guestworkagency.art.
Guest Work Agency is a boutique art law and advisory firm based in Melbourne, but international in reach. It is the first dedicated art law practice in Australia, working with artists, collectors, galleries, arts organisations, art fairs and art tech start-ups.