< TENDERING & PRICE NEGOTITAION
AN INTRODUCTION TO SALES & COMMISSIONS
There are few if any ‘hard and fast’ rules about selling artworks aside of the legislation which governs everyday business transactions. It is important however, to be aware of the implications of entering into any agreement, either to sell an existing work, or to produce a new work to commission. This applies whether trading with individuals, galleries, art dealers or corporate bodies.
The commitments and obligations of one party to another when buying, selling or commissioning artworks, can vary from those bound by so called ‘handshake’ agreements (enforceable in some countries by common law), through to complex and very precise contractual obligations, defined in highly formal and legalistic terms.
Mostly, buyer’s and seller’s legal obligations are well publicised and apply as equally to having a shed built as they do to having a sculpture cast in the foundry. This broadly means that taking on a commission or having a personal artwork cast at a professional foundry need not involve a great deal of legal complexity, or masses of paperwork.
If a contract is required, it should not be automatically assumed that the artist’s or designer’s rights will be disadvantaged, though caution and careful consideration of a contract’s details is a must. In reality, the vast majority of work undertaken in art foundries (including large scale/high value projects), are adequately protected by current sales and services laws. In most cases there is little additional benefit to be gained through complex written agreements. When formal contracts are called for between artists, their patrons and/or foundry, it is not unreasonable to have documents drafted in such a way as to protect the artist’s interests, as well as those commissioning the work (see CONTRACTS).
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