Page 22 - Studio International - April 1971

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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'