Page 22 - Studio International - April 1971
P. 22

     Artists' reserved                         The 3-page Agreement form in this issue (see   call `privity'—between the artist and each
                                               pages 186-188) has been drafted by Bob    successive owner of the work;
     rights transfer and                       Projansky, a New York lawyer, after my       to establish recognition that the artist
                                               extensive discussions and correspondence with   maintains a moral relationship to the work, even
     sale agreement                            over 500 artists, dealers, lawyers, collectors,   as the collector owns and controls it;
                                               museum people, critics and other concerned   to give assurance to the owner that he is
                                               people involved in the day-to-day workings of   using the work in harmony with the artist's
                                               the international art world.              intentions.
     On pages 86-188 we reproduce an 'Artist's Sale   The Agreement has been designed to remedy
     Agreement' drawn up by a lawyer, Robert   some generally acknowledged inequities in the   WHEN TO USE THE AGREEMENT
     Projansky, after extensive discussions with people   art world, particularly artists' lack of control   The Agreement form has been designed to be
     in the international art world. Here Seth   over the use of their work and participation in   used by the artist at the time of the fir st transfer—
     Siegelaub, who has worked with Mr Projansky on   its economics after they no longer own it.   either by gift, or barter for things or services, or
     the project, describes the Agreement's background   The Agreement form has been written with   sale of each individual work.of art
     and application.                          special awareness of the current ordinary   either a painting, a sculpture, a drawing, a
                                               practices and economic realities of the art   graphic, a multiple, a mural, an immovable
                                               world, particularly its private, cash and informal   sculpture, a non-object work, or any other fine
                                               nature, with careful regard for the interests and   art you can think of
                                               motives of all concerned.                 from the artist to anyone else
                                                  It is expected to be the standard form for the   either a friend, another artist, collector, museum,
                                               transfer and sale of all contemporary art, and has   gynaecologist, lawyer, corporation, landlord,
                                               been made as fair, simple and useful as possible.   relative or dealer.
                                               It can be used either as presented here or slightly
                                               altered to fit your specific situation.    IMPORTANT: it is NOT for use when you lend
                                                  If the following information does not answer   your work to exhibitions or when you give it to
                                               all your questions consult your lawyer.    your dealer on consignment. It is for use when
                                                                                          the dealer sells your consigned work.
                                               WHAT THE AGREEMENT DOES                      In short, the Agreement form is to be used
                                               The Agreement is designed to give the artist:   when you part with your work for keeps.
                                                  15% of any increase in the value of each   Its terms are effective and it requires a very
                                               work each time it is transferred in the future;   simple procedure to keep it in effect with each
                                                  a record of who owns each work at any given   successive owner of your work of art.
                                               time;                                        It requires the artist and the first owner of the
                                                  the right to be notified when the work is to be   work to fill out and sign the Agreement form
                                               exhibited, so the artist can advise upon or (see   and also, to affix a notice of the existence of the
                                               Article 7b) veto the proposed exhibition of his/   Agreement somewhere on the work of art itself.
                                               her work;
                                                  the right to borrow the work for exhibition   HOW TO USE THE AGREEMENT
                                               for 2 months every five years (at no cost to the   . To begin Xerox or offset a number of copies
                                               owner);                                    of each page of the agreement form on pages
                                                  the right to be consulted if repairs become   186-188. You will need at least 2 copies for each
                                               necessary;                                 work you sell or give or trade away. (Save this
                                                  half of any rental income paid to the owner   copy to make future copies and so you can refer
                                                for the use of the work at exhibitions, if there   to this information).
                                                ever is any;                              2. Fill out the contract forms—one copy for you,
                                                  all reproduction rights in the work.    one for the new owner, and another copy of the
                                                The economic benefits would accrue to the artist   last page only (from which you cut out the
                                                for life, plus the life of a surviving spouse (if any)   notice to affix to the work). Make sure that you
                                                plus 21 years, so as to benefit the artist's   fill it out legibly.
                                                children while they are growing up. The artist   3.  Follow the simple instructions in the margin
                                                would maintain aesthetic control only for his/her   of the Agreement form. Double check to make
                                                lifetime.                                 sure you have filled in the spaces that must be
                                                  Although the contract may seem to alter the   filled in and struck out what must be struck out.
                                                previous relationship between artist and art   Be sure that you fill out only those parts of the
                                                owner principally by putting new obligations on   Specimen TRANSFER AGREEMENT AND RECORD
                                                the owners, the Agreement really does some   which identify the work and the original parties
                                                very good things for the collector. In return for   to the original Agreement (`between
                                                                                                            made the
                                                                                                                       day of
                                                these obligations, which are almost costless for   and
                                                                                                              ,'). Be sure to fill out
                                                the collector, he gets substantial benefits; the     ,19
                                                Agreement is designed:                    the specimen NOTICE.
                                                  to give each owner the formalized right to   You will note that the contract form speaks in
                                                receive from the artist (or his/her agent) a   terms of a 'sale' (`whereas Artist is willing to sell
                                                certified history and provenance of the work;   the Work to Collector and Collector is willing to
                                                  to create and clarify a non-exploitative, one-  purchase....'); this doesn't mean you can't use
                                                to-one relationship between the artist and the   it when you give a friend a work or pay your
                                                owner;                                    dentist with a painting or trade works with
                                                  to maintain this relationship—what lawyers    another artist. We have used the words 'sell'
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