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selling to galleries

updated sat 15 sep 01

 

Paul Lewing on sun 9 sep 01


Hi, Judy,
Many people I know who do the national wholesale show thing tell me their
rule is no two outlets in the same zip code. They say they do it that way
because otherwise, if they just go by the name of the town, the two outlets
might be miles apart and no competition for each other. But not being
familiar with those towns they have no way of knowing. It also depends a
bit on what you make. For instance, if you make soap dishes, you might sell
them in kitchen and bath shops, craft galleries, drugstores, and designer
showrooms, all in the same neighborhood, but they wouldn't be in competition
with each other. But don't agree to an exclusivity agreement with anyplace
unless they ask for it. And if they can't deliver the business, they have
no right to ask. I once approached a very high-class tile showroom here in
Seattle about showing my work. They wanted an agreement like this, which
meant that I couldn't have my annual booth at the Seattle Home Show. I told
them I'd be happy to oblige them if they would guarantee me the same amount
of business (net) that I usually do at the show. They were appalled that I
would even suggest such a thing. Bye-bye, showroom!
paul Lewing, Seattle

Judy Kanigel on sun 9 sep 01


Hi all,
I have a question for discussion. What is the protocol for selling your
work in a gallery in a large metropolitan area? It wouldn't be kosher to
sell to another gallery in the same city, but what about nearby towns or
suburbs? Is there a standard distance in miles or a philosophy that we must
or should take into consideration? What are the rules moral, legal, or
otherwise?
I would appreciate some guidelines from those of you with experience selling
to galleries.
Thanks in advance,
Judy Kanigel

Karen Sullivan on sun 9 sep 01


Judy....
Ask the gallery...they have an understanding of who their
market is and will be able to evaluate whether or not
the new gallery is competition.
It's only fair to let them know, since they are
putting out to include you in their space.
bamboo karen


on 9/8/01 10:26 PM, Judy Kanigel at kanigel@MEDIAONE.NET wrote:

> Hi all,
> I have a question for discussion. What is the protocol for selling your
> work in a gallery in a large metropolitan area? It wouldn't be kosher to
> sell to another gallery in the same city, but what about nearby towns or
> suburbs? Is there a standard distance in miles or a philosophy that we must
> or should take into consideration? What are the rules moral, legal, or
> otherwise?
> I would appreciate some guidelines from those of you with experience selling
> to galleries.
> Thanks in advance,
> Judy Kanigel
>
> ______________________________________________________________________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
> melpots@pclink.com.

Charles on sun 9 sep 01


Most quality galleries will have a contract for you to sign that will
include a range of miles that you may not sell within. One of my contracts
is for 10 miles. Most galleries will allow an exception for arts festivals
and craft fairs. Two other galleries have no contract and I saw some
problems with one of them when a new craft gallery opened up just down the
street. I figured I wouldn't bite the hand that fed me so I stayed with the
original gallery. Use sense when choosing where to sell, protect the people
who serve you by selling your pots. If your work is available in 1/2 dozen
shops all on the same street, but they don't have much room for a variety of
pieces you may sell less than if you had one shop with a sizable display.

Good Luck,
Charles Hughes

Visit my webpage...
http://www.thecreativeoasis.com/Hughes/hughes.html

----- Original Message -----
From: "Judy Kanigel"
To:
Sent: Sunday, September 09, 2001 1:26 AM
Subject: Selling to galleries


> Hi all,
> I have a question for discussion. What is the protocol for selling your
> work in a gallery in a large metropolitan area? It wouldn't be kosher to
> sell to another gallery in the same city, but what about nearby towns or
> suburbs? Is there a standard distance in miles or a philosophy that we
must
> or should take into consideration? What are the rules moral, legal, or
> otherwise?
> I would appreciate some guidelines from those of you with experience
selling
> to galleries.
> Thanks in advance,
> Judy Kanigel
>
>
____________________________________________________________________________
__
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.
>
>

Earl Brunner on sun 9 sep 01


Hey, I take (mild) issue with one part of your post here. Does Pepsi
only sell their product in one location in each town? What kind of
arrangement you make to be in a gallery or shop is your decision, but
exclusivity is something you negotiate with a store, if they want
exclusivity, then they need to be giving something in return.

In a small town you might only sell in one shop, but depending on the
city size, I certainly wouldn't voluntarily limit myself to one outlet.
Being fair and consistent between shops im far more critical.

Judy Kanigel wrote:

> Hi all,
> I have a question for discussion. What is the protocol for selling your
> work in a gallery in a large metropolitan area? It wouldn't be kosher to
> sell to another gallery in the same city, but what about nearby towns or
> suburbs? Is there a standard distance in miles or a philosophy that we must
> or should take into consideration? What are the rules moral, legal, or
> otherwise?
> I would appreciate some guidelines from those of you with experience selling
> to galleries.
> Thanks in advance,
> Judy Kanigel
>
> ______________________________________________________________________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at melpots@pclink.com.


--
Earl Brunner
http://coyote.accessnv.com/bruec/
bruec@anv.net

Chris Campbell on sun 9 sep 01


Judy -

Here's what I do when another gallery within 30 miles or in the same
city calls. I call the original gallery and ask them if they consider it to
be too close or a direct competitor. Sometimes they will not care at all and
other times they will ... but in either case they really appreciate the fact
that you cared enough to ask.

I also expect the original gallery to purchase a specific $$ amount
per year in order to keep their priority status. If they fall below that then
all bets are off and number 2 gets a chance.

Chris Campbell - in North Carolina

Snail Scott on sun 9 sep 01


Some galleries have an 'exclusive representation' clause
in the contract you sign. If you elect to accept this,
then, (and only then,) are you prohibited from selling
elsewhere in the same area.

What defines 'the same area'? If it's not specified in
the contract itself, then ask what they mean. Make
sure both of you are clear on this. The town? The metro
area? The county? A 100 mile radius? There's no 'usual',
so negotiate something you can live with.

In general, it's better to have everything in writing,
but that usually doesn't happen in reality, and this is
the sort of thing which is usually safe to have as a
verbal arrangement. The main purpose of a gallery
contract, in my mind, is not for use in later litigation,
but to clarify all the issues and expectations in advance,
and to leave each party with a written copy for future
reference.

The gallery may have a standard contract, but if you
don't like some of the terms, you can probably get it
revised to something more acceptable. Negotiate!

Don't assume that a gallery will automatically demand
exclusive representation. Many artists show in two or
more galleries in a single area, and the galleries may
collaborate on advertising, knowing that the increased
exposure is good for both of them.

The same applies to doing juried or solo shows in an area
where you have a gallery. They want to be able to say,
"Snail was chosen for (fill-in-the-blank)prestigious
show," conveying the notion that I'm a big-time rising
star to any customer walking in. Such shows are free
advertising for the gallery, since anyone who sees the
show and wants to see more will have to come to them.

There is no standard practice to apply here, only the
mutually-agreed-upon arrangement between you and the
gallery. Negotiate something you can be happy with,
then get it added to the contract in writing.

-Snail


At 01:26 AM 9/9/01 -0400, you wrote:
>Hi all,
>I have a question for discussion. What is the protocol for selling your
>work in a gallery in a large metropolitan area? It wouldn't be kosher to
>sell to another gallery in the same city, but what about nearby towns or
>suburbs? Is there a standard distance in miles or a philosophy that we must
>or should take into consideration? What are the rules moral, legal, or
>otherwise?
>I would appreciate some guidelines from those of you with experience selling
>to galleries.
>Thanks in advance,
>Judy Kanigel

Janet Kaiser on mon 10 sep 01


Judy

I am speaking from a gallery point-of-view in Wales, UK
and am also considered a bit odd (by other galleries,
not the potters we work with), so what I say may not
answer you or be helpful, but here goes anyway:

1. Yes, galleries like to feel they are "exclusively"
representing you and your work. Some put a "radius
clause" into their consignment agreement: No other
outlet within X miles/kilometres. There are no other
"legal rules" than what you decide to agree to.

If you have been accepted by a gallery (or a shop) talk
to them about it. I have known shops quietly drop
makers who are represented in one down the road. Never
told the makers WHY... (Yes, I did warn you I am odd...
I come straight out with reasons).

2. If the gallery is happy for you to exhibit at other
venues locally, be careful that the pricing remains
consistent. Everyone involved (makers, galleries,
customers) are not well served, if they see your work
at differing prices. It does not matter if the
commission varies, galleries get really cross when they
hear or find out your work, which they are/should be
spending a lot of time and expense promoting, can be
bought more cheaply elsewhere. It confuses the status
of your work in the marketplace and is justifiably
considered unfair by customers.

3. If my gallery were in a city, I would be less likely
to object to your work being in other similar city
venues than in the suburbs! There is a lot of
snobbishness in the art world. If it is good enough for
the city, then it is devalued when shown in the suburbs
or rural areas. Most city customers live in the suburbs
and are paying a premium on buying in the city... They
actually do not like seeing the same work locally. When
they do, they expect it to be far cheaper... A sort of
farmer's market wrapped-in-newspaper price versus swish
you-are-paying-for-the-carpet prestigious Manhattan
gallery. At the end of the day, that is not good for
your business when the city gallery is offering you
entry into the big league.

4. The type or image of the gallery/galleries you are
represented in, should be similar. If it is high-end,
trendy, posh-shop work, don't start trying to sell
through folksy, crafty, co-op shoppes and vice versa.
Again, it muddies your market base, confusing your
customers about your work... "Hey, wait a minute, I saw
that in that swanky Gallery X downtown. What is it
doing here?"

It is not pandering to what the galleries want, but
helping to promote you and your work in the right place
at the right time. If you get the right gallery working
for you and with you, you will find that it is half the
battle towards establishing yourself and your work. I
believe this is a truism wherever you live and work, so
I hope that this helps you establish a genuine and
fruitful relationship with the gallery of choice.

Oh, and do not forget... A written consignment
agreement signed by the legal gallery representative or
owner (not the part-time sales girl) and always include
a written list of work, counter-signed on delivery. I
just presume you have done all your homework on the
reputation of the gallery and spoken to other
artists/makers they represent.

Janet Kaiser
The Chapel of Art . Capel Celfyddyd
HOME OF THE INTERNATIONAL POTTERS' PATH
Criccieth LL52 0EA, GB-Wales Tel: (01766) 523570
E-mail: postbox@the-coa.org.uk
WEBSITE: http://www.the-coa.org.uk

----- Original Message -----

> Hi all,
> I have a question for discussion. What is the
protocol for selling your
> work in a gallery in a large metropolitan area? It
wouldn't be kosher to
> sell to another gallery in the same city, but what
about nearby towns or
> suburbs? Is there a standard distance in miles or a
philosophy that we must
> or should take into consideration? What are the
rules moral, legal, or
> otherwise?
> I would appreciate some guidelines from those of you
with experience selling
> to galleries.
> Thanks in advance,
> Judy Kanigel

Judy Kanigel on fri 14 sep 01


Dear fellow Clayarters,
Thanks for all the great advice about selling to galleries. We all make
mistakes, I'll admit. But one of the great things about this group is that
we are willing to make mistakes in advance for other people. Wouldn't it be
wonderful if our children learned from our mistakes too?
Judy Kanigel