Do This!
Artist Marketing Newsletter Focusing on Action Steps

What's Going On: Announcements /Classes
>>>Do This: Build Trust
Tip / Find of the Week:  2005 Artist's Organizer
Artists Respond: What They Have to Say

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WHAT'S GOING ON

: : CLASS: THE ARTIST STATEMENT AND BEYOND : :
Begins today: Monday, November 1
Are you one of those artists who put off writing your statement until the very last minute? Then you place it in an envelope and hope you don't ever again have to see it? That's no way to run a career! http://www.artbizcoach.com/classes/statement.shtml

: : 2 BOOKS : :
Give your career a boost right now with Effective Newsletters & Mailing Lists and the Visual Artist's Kit. You can purchase both for $29.95 or e-copies for $24.95. http://www.artbizcoach.com/books

Patty Sgrecci, On a Wing and a Prayer, 2002 mixed media mobile, 72 x 24 x 24". ©The Artist. http://www.pattysgrecci.com

There must be something in the air because barely two days later, Gwen Plunkett wrote (in response to last week's newsletter): "The other situation involves a gallery owner who will not provide buyers names or contact info to the artists at her gallery. I would like to keep a record but she seems very protective and perhaps doesn't trust her artists." It occurred to me that others on this list might benefit from hearing the answer, so here goes...

In a nutshell, you should demand the names and addresses of people who buy your work. But you must do this at the onset of your relationship and it needs to be written into your contract. Let me say that again: It must be in writing. Waiting until you have made a sale is far too late. And the onus is on you to make sure it's in your contract.

What I would encourage you to do is to create a relationship with your dealer based on mutual trust and respect. Why don't dealers like to give you the names and addresses of your buyers? Because, quite simply, they've been burned by other artists in the past--artists who have made contact directly with their buyers and circumvented the dealer altogether. That's just a stinky way to do business and gives a bad name to all artists. It's unprofessional and unethical.

If you are presented a contract that doesn't address this concern, write it in. I am not an attorney, so I encourage you to discuss all legal arrangements with your lawyer, but I would aim for wording along the lines of the following:

"The Gallery agrees to give the Artist the names and contact information of all people who purchase her work. In return, the Artist agrees to refer any inquiries from the Gallery patrons back to the Gallery. The Artist will never sell her work at a discounted price to Gallery patrons."

(This is a good place to remind you that you always have just one price for your work--whether the gallery sells it or you sell it from your studio.)

The sample consignment contract posted in the Professional Guidelines for the Society of North American Goldsmiths state:

"Accounting for one-of-a-kind Artwork. For one-of-a-kind artwork with a retail price of $500 or more, the gallery will furnish the name, mailing address, and telephone number of the client / collector who purchases the artwork. Artist agrees not to contact the client for the purpose of selling artwork directly to the client and the gallery will be informed or receive a copy of any communication between artist and client that relates to this artwork as long as the contract remains in effect."

Read the entire contents and find additional valuable information at: http://www.snagmetalsmith.org/infocentral/professionalguidelines.asp

Lay out your case for your gallery. You need the names and addresses of your buyers for the long-term health of your career. What if the gallery's records were destroyed in a fire? What if the gallery owner died suddenly and the records were tied up in litigation for years? What if, what if, what if . . .

Since 80% of your sales will come from 20% of your customers, you must ensure those customers are being nurtured. And you can't always depend on a gallery to do that. It's critical you have the information as well. As always, consult with an attorney for the best legal advice for your situation.

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TIP / FIND OF THE WEEK: 2005 Artist's Organizer  

You can read about this book and her many, many others at: http://www.sueviders.com

 ARTISTS RESPOND: What They Have to Say  

Patti Sgrecci, On a Wing and a Prayer (detail). © The Artist http://www.pattysgrecci.com

In response to last week's newsletter about keeping good records and looking out for your best interest, Jim Meeks (a preparator at the Oklahoma City Museum of Art) wrote with his insight. It a museum perspective on an important topic:

"I thought your newsletter was interesting because I think we do a great job here of documenting in our database how a work looks and where pieces are stored. I think continuity (people staying with an institution) is important and this example shows how critical it is for museums to retain employees or at least good records.

"This also reminds me of the [A.L. work in the collection] and how badly it has deteriorated. I contacted the artist by phone and by mail concerning her work and what was happening to it, complete with photo documentation. Apparently some artists could care less that their works which individuals or institutions have spent enormous sums on can no longer be exhibited. She was not forthcoming with much information and apparently none too concerned that her work was falling apart. She seems diametrically opposed to the attitude and concern of Yvonne Porcella. That's pretty sad! If she were selling cars, toasters or baby cribs, she might have a lawsuit on her hands. Hey, maybe we could sue her. You were interested in art law, what do you think?"

The Oklahoma City Museum of Art is online at http://www.okcmoa.com

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Copyright © 2004 Alyson B. Stanfield, Stanfield Art Associates. All rights reserved. 

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