Commercial gallery relationships

This list may help with your reflection and research into galleries. Check whatever information the gallery provides through artist friends and other sources.

• What is the gallery about? What is their remit and long-term agenda? Are they like yours?
• Do they work with artists working in the same media / career level as you?
• Are their ambitions realistic?
• What are the background, CV and training of the gallery director? It’s not always possible to get this information easily but it’s worth trying to find out about their interests. See if they correspond with yours, and their reputation.
• Does the gallery look financially secure? Is it safe in a prolonged recession? Again this information, can be hard to find. Much could be available from Companies House.
• Has the director worked for reputable galleries in the past? Check their Linked In profile. Be aware they may edit out less successful parts of their career.
• Does the gallery exhibit at reputable fairs? such as Art Basel, Frieze, or their ancillary satellite fairs?
• Does the gallery give regular repeat solo shows for their artists (not just group shows)?
• Does the gallery have strong connections with reputable galleries abroad?
• Does the gallery have a regular following of quality collectors?
• Who are the other artists represented?
• If you know any of them, it’s worth asking them about their experiences.
• If you don’t know them, it’s worth asking around to try to contact them and ask.
• Is there a specific type of artist represented? What common features, if any, exist between the artists represented, and do you fit within that?
• Has there been much turnover of represented artists? If so, why?
• Do more established galleries poach their artists?
• Have artists come after their contracts with established galleries have been terminated?
• How many artists does the gallery represent? Galleries have a limit to resources and number of artists they can represent and support.
• What level of care does this gallery offer their artists, beyond shows and selling? Do they place work carefully? (in important private or public collections, for example) or just sell, sell, sell?
• How exclusive is your arrangement? does the gallery have rights to all new work, work in a specific region / country?
• How does the gallery handle you selling work outside of the gallery? What percentage does the gallery get if they don’t make the sale?
• Will the gallery allow you to show in other people’s shows? i.e. group shows in other galleries, if so at what percentage of sales do they take?

Consider these points before entering into any agreement with a commercial gallery.

• Do not enter into a binding agreement for global representation and sales. Very few galleries have much of a reach beyond their own country.
• Any agreement should be in writing. If you cannot get a contract or letter of agreement, have all agreements confirmed in emails. Keep a record of all correspondence. This paper trail will serve as your contract if need be.
• No first contract should be for longer than a year. lt can be automatically rolling when renewed by both parties. It’s important to test the relationship and make sure you each get what you need.
• Establish retail pricing of work in conversation and agreement with the gallery. Retail price = artists price + gallery commission
• A notice period of 3 to 6 months must be in a contract to allow either party to withdraw.
• When should the first exhibition take place? The first year of agreement?
• When will the gallery include your work at art fairs? (not necessarily displayed)?
• How will the gallery maintaint the profile of the artist to prospective buyers? Will they provide digital images of all works available on request for example?
• When selling work they should provide the buyer with a document of authenticity. This includes a photograph of the work, and invoice / bill of sale
• Insurance of all works whilst in the gallery’s care, and in transit.
• Will the gallery pass on contact details of whoever buys your work? Very few galleries will provide full contact information. Galleries have concerns about collectors and artists striking deals outside the gallery contract. It is reasonable to know the names of who has purchased your work.
• On sale, the gallery should pay the artist in full within thirty days on receipt of its own payment from the client.
• One person in the gallery should be responsible for the day to day relationship with the artist. This includes
• studio visits
• arranging delivery of works
• transport arrangements, and other points of detail.
• How will the gallery promote your work to curators?
• What presence will the artist have on the gallery’s website.
• Some collectors arrange to pay the gallery in instalments. Negotiate to payment in full before the gallery retains any of the money. Otherwise you’ll have to wait until the end of the instalment payments to receive your money.
• Fiduciary responsibilities. This clause concerns ownership of the artwork and the gallery’s financial responsibilities to the artist. It should state that work on consignment is owned by the artist and cannot be taken by creditors in case the gallery goes bankrupt. A number of high-profile cases make this a good idea.
• Loss or damage to work or equipment – this should be accounted for, and agreed upon in writing.
• Artists always retain the copyright to all artwork even after it is sold. The exception is if there is another contract, which states that the copyright has been purchased. Artists should mark all artwork and visual materials with the © symbol and the year the work was completed. In addition, it is professional to identify the object as one-of-a-kind, a limited edition, or an unlimited edition, with the number of the edition and which number in the series this object is.

Art dealer Rene Gimpel of Gimpel Fils considers the relationship between artists and galleries, including contracts, gallery responsibilities and what commercial galleries do for artists.

Just as gallery responsibilities to artists, artists have responsibilities to their gallery too. Artists should act in a respectable and professional manner with their galleries.

Artists should

• Provide enough work for whatever exhibition schedule they have agreed.
• Provide documents and promotional materials such as
  • Regularly updated CV
  • Biography
  • Artist statement
  • Work details including titles, media etc.
• Be willing to travel for meetings. Either with the gallerist or other institutional curators or collectors.
• Agree to take part in any group shows that the gallery may do.
• Reach an agreement with the gallery about the artist’s own website.
• Reproduction. Artists should supply professional quality digital colour images for press and promotional purposes. The artist and the photographer in all advertisements and publicity.
• Reach and agreement about their artist websites. Some galleries will prefer that an artist does not have their own website. Others might be fine with, as long as the contact email leads collectors to the gallery. The key concern for them is that the artist isn’t contacted by collectors for sales that cut out the gallery.