Luminous Landscape Forum
The Art of Photography => The Coffee Corner => Topic started by: Justan on February 08, 2009, 01:35:06 pm
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I'm wondering what is used as contract language with the person doing the reselling? I want to help insure that they 1) will pay me on a timely basis, 2) will compensate for "lost" items and 3) will let me pick up my property if it doesn't sell in ??2 months? 3 months? But I don't know what standard agreements that are typically made.
Any feedback is most appreciated!
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From the department of never underestimate what you can find on the web, I give you, an example boilerplate for an artist's consignment contract:
http://www.enchantedcreek.com/Art/Contract...st-gallery.html (http://www.enchantedcreek.com/Art/Contracts/artist-gallery.html)
Not perfect but a great start.
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That contract would scare most people who might carry your prints.
Discuss what their payment policies are, how visible your prints will be to clients, and get a receipt for anything you leave with them. If they turn out to be jerks, don't deal with them any more. I work with lots of framers and galleries at that level, have had no problems and have yet to run into an actual jerk.
But if I were selling to WalMart, yes then I'd use that contract, or more likely they would force me to use theirs.
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Haven't found any jerks, either, but I have found quite a few who expect buyers to magically appear with no effort on their part. With art (and you'd think some of these folks would know this) a good deal of communication is needed between buyer and seller. Art buyers are buying a story to go along with the work itself, so sit down with the operator of the venue, over coffee or a beer, and tell your story. If the operator doesn't seem terribly interested, you probably won't sell a lot there. If you can generate enthusiasm, you've found a friend and both of you will benefit.
As for written stuff, I've always used a simple letter of understanding, saying the retailer will carry insurance, will be liable for any damage to the works, will keep the works clean, that I can reclaim the works at any time after a certain period, that the works belong to me (that's very important if the venue goes bankrupt, otherwise the work goes into their asset pot), specifying the revenue split (I have one place that works 30-70, with me on the long end; that's unusual though), and that they will pay within 30 days of a sale. My lawyer tells me that such a letter becomes a contract if there is no other written communication from the venue, but it's better to have a signature and date from the operator on it.
A good place to find information on art law is Carolyn Wright's (http://www.photoattorney.com) site.
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That contract would scare most people who might carry your prints.
Discuss what their payment policies are, how visible your prints will be to clients, and get a receipt for anything you leave with them. If they turn out to be jerks, don't deal with them any more. I work with lots of framers and galleries at that level, have had no problems and have yet to run into an actual jerk.
But if I were selling to WalMart, yes then I'd use that contract, or more likely they would force me to use theirs.
Thanks. Not planning any big box stores. It is good to learn some of the norms of an industry. In my primary field, formal contracts are pretty standard.
What is a "typical" leingth of time to have something at a reseller's site?
What are standard splits and payment terms?
Do stores generally have problems accepting damage and loss liability?
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Haven't found any jerks, either, but I have found quite a few who expect buyers to magically appear with no effort on their part. With art (and you'd think some of these folks would know this) a good deal of communication is needed between buyer and seller. Art buyers are buying a story to go along with the work itself, so sit down with the operator of the venue, over coffee or a beer, and tell your story. If the operator doesn't seem terribly interested, you probably won't sell a lot there. If you can generate enthusiasm, you've found a friend and both of you will benefit.
As for written stuff, I've always used a simple letter of understanding, saying the retailer will carry insurance, will be liable for any damage to the works, will keep the works clean, that I can reclaim the works at any time after a certain period, that the works belong to me (that's very important if the venue goes bankrupt, otherwise the work goes into their asset pot), specifying the revenue split (I have one place that works 30-70, with me on the long end; that's unusual though), and that they will pay within 30 days of a sale. My lawyer tells me that such a letter becomes a contract if there is no other written communication from the venue, but it's better to have a signature and date from the operator on it.
A good place to find information on art law is Carolyn Wright's (http://www.photoattorney.com) site.
I've had preliminary talks with a few company owners. They are mostly small stores and restaurants. One is a chain restaurant. All appeared interested.
I like your 2nd paragraph. It answers several questions I posed above, and it is also an illustration of the kind of document to use. You describe a simple document with spaces for the necessary details and signatures. Sounds great to me!
Do you put MSRP on the photos or let the reseller set that?
I only spent a couple of minutes at the Art law site. Thanks for the reference.