As an emerging artist; it’s super exciting to be offered creative opportunities. However, amongst this initial buzz – it’s crucial to protect your work and your rights as an artist. That’s where artist contracts come in handy.
In this blog post, we’ll cover exactly what an artist contract is, how to write one and and how to use it effectively. Whether you’re a painter, a sculptor, or any kind of individual in the creative industry – this post will give you the tools you need to protect your work and build a successful career.
An artist contract is a legally binding agreement that outlines the terms and conditions of your collaboration with a client, gallery, or fellow artist. Using an artist contract not only safeguards your artistic vision and intellectual property, but it also shows that you’re a professional who is serious about their craft. Similarly to an artist invoice; the artist contract is another document received by your client, although it usually comes before any billing.
Artists should use an artist contract to protect their creative work and establish clear expectations, boundaries and compensation terms with clients or collaborators. A contract can help prevent misunderstandings, ensuring that all details of the project are understood before it begins.
Having a written agreement can also demonstrate professionalism, build trust with clients and make the project process more efficient. In essence, an artist contract is a vital tool for artists to protect their work and themselves.
There’s a multitude of occasions when an artist contract is necessary. It all depends on your individual situation – but here are some common opportunities that usually require some form of official agreement.
– Exhibition or gallery representation
– Collaborations and projects with other artists or businesses
– Artist talks or workshops
– Freelance design work
If you’ve never written up an artist contract before, the whole process can feel a little daunting. To ease your apprehension, we’ve put together a list of steps to follow from the very beginning, right through to the end.
Jumping straight into an artist contract can be a bit like staring at a blank canvas. There’s a few things you should establish first that will help get the ball rolling, and ultimately make your life easier.
It’s important to know the parameters of how you wish to work. This can include aspects such as timescale, pay, working conditions, ownership and copyright. If it’s your first large-scale project, you might have not laid these out in writing before – but you’ll have an indication in your head already.
Ask yourself these basic questions to get started, and perhaps make a note for future reference:
– How much do I want to be paid (per hour) for my work? This is called ‘rate of pay’.
– How long will this project take me, including research, planning and execution?
– Will I need assistance on this project? How much will these people be paid for their time?
– What materials will I need? What is already provided and what do I need to source?
– What rights and ownership do I want to have over the finished work?
– How will the finished work be used once completed?
As you navigate your art career – the answers to these questions are bound to change. It’s natural to make mistakes in the early stages as these experiences go on to inform us how we want to proceed with future tasks and opportunities. Make sure to keep an open mind and adapt your parameters as you see fit.
Sometimes, the boundaries surrounding your work are already set by legal regulations and rules. This is why it’s important to always seek professional advice, whether that be through a lawyer or free legal advice services. Our artist contract advice isn’t intended to constitute legal advice and cannot cover differentiating rules that vary between locations. When drawing up an artist contract – be sure to check for your local governing law.
To ensure you don’t miss any important details, here’s a general artist contract checklist to follow.
◯ Artist name, client name and contact information
Make sure this is clear and indicated at the beginning of any artist contract.
◯ Description of work
Outline the main objectives of the agreement. For example, is this a commission, exhibition, freelance design work or something else? Be specific to the role/responsibilities in which you’re taking on as part of this project.
◯ Payment amount and due date
You may not know the exact amount yet – but do provide your ‘rate of pay’ and expected expenses to the client. Once the project/work is completed, you can send the client an artist invoice.
◯ Payment terms and conditions
This part should explain the way in which you expect to be paid. For example, are there to be payment installations over a period of time or is there an upfront payment before work begins? This should be discussed with your client before drafting the artist contract.
◯ Scope of work and expectations
You can go into some more detail about the actual work here. Include anything that feels relevant; it’s better to be completely transparent with your client to avoid any confusion or miscommunication down the line.
◯ Timeline and deadlines
This is another aspect that shouldn’t come as a surprise to your client when sending over the artist contract, as it’s likely you’ve already discussed the project timeline in some way. Make sure you’re being realistic and considering existing commitments when coming up with an estimated completion date. It may help to set a couple of ‘check-in’ dates with the client, so that they’re aware of the progress and kept up to date.
◯ Intellectual property ownership and usage rights
It’s important to state who owns the work after completion and the ways in which it can be used. For example, can it be reproduced, exhibited or loaned?
◯ Termination clause and dispute resolution
To protect both the artist and the client, it’s important to set out how the agreement could be broken between both parties involved. If this is the case, individuals can refer to the artist contract to resolve outstanding expenses and complications.
◯ Signature and date
This is to be signed by both artist and client before any work is started.
Even with the artist contract checklist above; it can be difficult to arrange all that information in one document. Because of this, lots of creatives use an artist contract template to start with, making their own adjustments as they go.
There are plenty of existing artist contract examples and templates out there – but you even build your own using sites like Legal Templates. Simply select what kind of contract you want to make, answer the questions then fill in the blanks and download your contract. Remember to read it all the way through and edit it accordingly to suit your individual situation.
Once you’ve drafted up your artist contract, read over it a few times to check for any errors. It’s also helpful to get others to read over it for you, especially those who are familiar with the art world and creative industries. If you’re ever unsure of your rights and rules – get a legal professional to check your artist contract.
Now you’re ready to send your artist contract off. This is usually done via email and there are a number of systems you can use that allow both parties to sign electronically, like Docusign .
Be aware that you may need to make some revisions to your artist contract, depending on the feedback from the client. Once both artist and client are comfortable and happy with the agreement – then it can be signed.
The artist contract isn’t redundant after it’s been signed. It’s your responsibility to hold onto the document for future reference. Try to do this efficiently, as having a jumble of different artist contracts will become confusing and stressful.
We recommend organising your digital folders by including the name of the client in the file title – making it easily searchable. It’s also important to have a back up of these agreements if something was to happen to the original copy.
Everyone has their own methods for using artist contracts – but there are some common practices that are expected within professional business.
★ Always send the artist contract before starting any work or spending any money. Anything carried out beforehand won’t be protected or accounted for.
★ Be as clear and transparent as you can. When listing your expected expenses, it may help to break down the costs so that the client fully understands what you’re charging for. No one wants any hidden surprises – and you also want to fully account for everything you need.
★ Ensure that you’re maintaining good communication with your client at all times. To establish yourself as a professional artist – you’ll want your client to have a positive experience with you. This means being open to making art contract adjustments if needed whilst also working within your own boundaries.
★ Once you’ve created your first artist contract, save a blank version and reuse it everytime. This is your very own template that will save you time in the future.
Artist contracts don’t have to be intimidating. It’s a practice in the creative industry that you’ll need to understand sooner rather than later – but it’s not as difficult as first thought. With checklists and templates – it’s actually fairly easy to get started.
Once you’ve learnt how to create this important, professional document, you can begin taking on any artistic opportunities that come about. It may seem insignificant at first, but knowing how to write an artist contract can be the start of a long and established art career.
Don’t forget you can always share your art with us! Check out one of our latest open calls or tag us on Instagram @darkyellowdot.
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