Working Potter on thu 14 mar 02
That ''arts council'' needs to buy the artist's work outright if that is
their position.Other than that I would suggest the artists boycott any
consignment with them at all.There are plenty other galleries that know the
proper professional way to run a gallery!!!
Misty
In a message dated 3/14/2002 11:13:50 PM Eastern Standard Time,
snotpot69@YAHOO.COM writes:
> Right in front of me the
> > discussion turned to the integrity or lack there of
> > of artist!! And how could they police the artist
> > when they took the work home. I was furious! I
> > reminded them that we were helping stock their
> > shelves, our work was sharing space with imported
> > jewelry, cards, date books, childrens craft kits and
> > various other imports, that we were the folks who
> > kept the doors open by being there! And they were
> > getting a percentage of the sales. I asked, "what
> > are you offering us?" They replied a place to show
> > and sell your work. Fine, but, I reminded them,
> > that there were other places to show and sell.
> > Maybe not in our town, but we do live within an
> > hours drive of Wilmington NC and Myrtle Beach SC.
> > Sooo, they conceded that I was right and the artist
> > retained ownership of work until sold.
> > Maybe I need to research the laws in NC. The monies
> > that this art council operates off of comes from
> > grants and grassroots monies from the NC Council of
> > Arts. The local council does just enough to meet
> > the yearly requirements. Nothing more. I could
> > write volumes, but you get the picture.
> > Sheron
> >
> >
>
Craig Martell on thu 14 mar 02
Hello Again Sheron:
Oh my, I don't envy your position as liason for the Guild and the Arts
Council. The main thing I'm getting here is that these folks don't take
their position as sellers of art and craft seriously and they don't respect
the artists time, effort, and expense in producing the work.
Consignment contracts here in Oregon define some very important points that
would be worthwhile for your Guild to think about putting in a contract.
First, you define ownership of the work and how title to that work passes
from maker to buyer. When the maker is paid in full the title passes to
the buyer and the Gallery never holds title to the work. This also
protects an artists inventory if the Gallery goes belly up. Creditors of
the Gallery cannot sieze the artists work as collateral. It's also
important to stipulate that the Gallery cannot operate on funds due the
artist. If the commission split is 60/40 for instance, the gallery can
only use it's 40% commission to do it's business. The 60% due the artists
cannot be used as capital for the operation of the gallery. You also
define the commission split in the contract and the length of time between
sale of a work and when the artist is paid. Here in Oregon it's 40 days
max after the sale of any piece. Definition of responsibility should also
be included. This states the time that the gallery assumes responsibility
for the work and how the artist is compensated for loss or
damage. Galleries should not be allowed to duck responsibility. The
artist is "fronting" them merchandise that has cost time and money to
produce. If the Gallery won't cover loss, especially if it's their fault,
no one should consign to them. Another thing that's important to include
is that the artist will provide the Gallery with a list of the works for
consignment and the price and inventory number of each piece. The Gallery
signs the artist's copy thereby acknowledging receipt of ALL listed
pieces. When the artist is paid by the Gallery, the Gallery provides the
inventory numbers, description, and price of all the works sold.
As far as Insurance is concerned, that's the Gallery's business. They
enter into an agreement with the artists about coverage of the work and how
they handle insurance etc is of no concern to the artists as long as they
are paid for any loss.
OK, I'll shut the hell up and let someone else give you their opinion. If
you want a copy of the Oregon Consignment Law, let me know and I'll get one
from Senate Publications and I can snail it to you. I think it's a fair
law and as a gallery owner as well as a working potter, I don't find it
difficult or unfair from either side of the fence.
regards, Craig Martell in Oregon
Sheron Roberts on thu 14 mar 02
"It is held "in trust" for the artist and is
the property of the artist until the artist is paid in full. "
Craig,
This is almost word for word what I told them at the last meeting. The =
issue of artists selling a piece after they take it home (work is =
allowed to stay in for 4 months, if it doesn't sell the artist takes it =
home and can replace it with newer or different work) One council =
member asked "Well what if they sell the piece after they take it home, =
will we still get our percentage?) I reminded her that the artist =
owned his or her work, not the gallery and once they asked the artist to =
remove it or replace it because it had not sold, that released the =
artist of any obligation to report to them when and if the work sold, in =
my opinion. Right in front of me the discussion turned to the integrity =
or lack there of of artist!! And how could they police the artist when =
they took the work home. I was furious! I reminded them that we were =
helping stock their shelves, our work was sharing space with imported =
jewelry, cards, date books, childrens craft kits and various other =
imports, that we were the folks who kept the doors open by being there! =
And they were getting a percentage of the sales. I asked, "what are =
you offering us?" They replied a place to show and sell your work. =
Fine, but, I reminded them, that there were other places to show and =
sell. Maybe not in our town, but we do live within an hours drive of =
Wilmington NC and Myrtle Beach SC. Sooo, they conceded that I was right =
and the artist retained ownership of work until sold. =20
Maybe I need to research the laws in NC. The monies that this art =
council operates off of comes from grants and grassroots monies from the =
NC Council of Arts. The local council does just enough to meet the =
yearly requirements. Nothing more. I could write volumes, but you get =
the picture.
Sheron
Julie Milazzo on thu 14 mar 02
I was told, as a member of a co-op/gallery that any
work I ever made there and sold under any
circumstance, anywhere, anytime was subject to a
twenty-five percent comission fee. This, in spite of
the fact that I paid for my clay and firings. Pretty
ridiculous; I had always thought that the commission
was to "rent" a space in the gallery. After it leaves
the studio, it should be the artist's business what
happens to it, unless there is some sort of
arrangement like free clay/firings, in exchange for a
certain percentage of each piece sold. Jules
--- Sheron Roberts wrote:
> "It is held "in trust" for the artist and is
> the property of the artist until the artist is paid
> in full. "
>
> Craig,
> This is almost word for word what I told them at the
> last meeting. The issue of artists selling a piece
> after they take it home (work is allowed to stay in
> for 4 months, if it doesn't sell the artist takes it
> home and can replace it with newer or different
> work) One council member asked "Well what if they
> sell the piece after they take it home, will we
> still get our percentage?) I reminded her that the
> artist owned his or her work, not the gallery and
> once they asked the artist to remove it or replace
> it because it had not sold, that released the artist
> of any obligation to report to them when and if the
> work sold, in my opinion. Right in front of me the
> discussion turned to the integrity or lack there of
> of artist!! And how could they police the artist
> when they took the work home. I was furious! I
> reminded them that we were helping stock their
> shelves, our work was sharing space with imported
> jewelry, cards, date books, childrens craft kits and
> various other imports, that we were the folks who
> kept the doors open by being there! And they were
> getting a percentage of the sales. I asked, "what
> are you offering us?" They replied a place to show
> and sell your work. Fine, but, I reminded them,
> that there were other places to show and sell.
> Maybe not in our town, but we do live within an
> hours drive of Wilmington NC and Myrtle Beach SC.
> Sooo, they conceded that I was right and the artist
> retained ownership of work until sold.
> Maybe I need to research the laws in NC. The monies
> that this art council operates off of comes from
> grants and grassroots monies from the NC Council of
> Arts. The local council does just enough to meet
> the yearly requirements. Nothing more. I could
> write volumes, but you get the picture.
> Sheron
>
>
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Michele Williams on fri 15 mar 02
You might check to see if any of the funding they get comes from federal
funds. Fed grants often contain requirements for insurance and
fairness...and if you violate those laws, there is a bite that follows.
Michele Williams
Sharon Villines on fri 15 mar 02
> Maybe I need to research the laws in NC. The monies that this art council
> operates off of comes from grants and grassroots monies from the NC Council of
> Arts. The local council does just enough to meet the yearly requirements.
> Nothing more.
The keys to the kingdom. Contact the NC Council of the Arts. A threat of
withdrawn funding or even disapproval from the source should do the trick.
Sharon.
--
Sharon Villines, Arts Coach
http://www.artscoach.ws
ArtsCoachFAQs Newsletter
http://www.artscoachfaqs.com
Karin Hurt on fri 15 mar 02
In a message dated 3/14/02 9:13:50 PM US Mountain Standard Time,
snotpot69@YAHOO.COM writes:
> various other imports, that we were the folks who
> > kept the doors open by being there! And they were
> > getting a percentage of the sales. I asked, "what
> > are you offering us?" They replied a place to show
> > and sell your work. Fine, but, I reminded them,
> > that there were other places to show and sell.
> > Maybe not in our town, but we do live within an
> > hours drive of Wilmington NC and Myrtle Beach SC.
> > Sooo, they conceded that I was right and the artist
> > retained ownership of work until sold.
> > Maybe I need to research the laws in NC. The monies
> > that this art council operates off of comes from
> > grants and grassroots monies from the NC Council of
> > Arts. The local council does just enough to meet
> > the yearly requirements. Nothing more. I could
> > write volumes, but you get the picture.
> > Sheron
>
I belonged to a co-op for several years. The co-op shot received 30 percent
when sold in the shop. Once I took it home it was no longer their business.
If anyone says anything different, they are simply not well informed. This is
not a negative statement, many people get on the board of a co-op who have
never been involved in any kind of business, much less a co-op.
Karin
Laughing Bear Pottery
Arizona
Rowdy Dragon Pottery on fri 15 mar 02
Craig Martell's post made me go check the RCW of Washington online. The
pertinent chapter is RCW 18.110. Wow! What an eye opener.
1. Dealers may ONLY accept works on commission if there is a written
contract. End of story. Dealers are breaking the law if they do not have
a contract with the artist. The contract must include the value of the
work, the minimum selling price, and the compensation to the artist.
2. Any specific use of display, including photos, of the work must be
approved in writing by the artist.
3. Dealers may not show or otherwise use the work without acknowledging the
artist to the viewers.
4. Any contract that waives any of the above is void. (So know that you
lose your protections if you enter into an agreement that attempts to waive
the provisions of the chapter.)
5. Payment must be made within 30 days of sale unless otherwise specified
in the contract.
6. The dealer is strictly liable for loss or damage.
7. As trust property, the works are not subject to claims, liens, etc
against the dealer.
8. An art dealer violating RCW 18.110.030 (items 1-3 above) is liable to
the artist for fifty dollars PLUS actual damages, including incidental and
consequential damages, sustained as a result of the violation.
Neil Berkowitz
Seattle
Janet Kaiser on fri 15 mar 02
> I was told, as a member of a co-op/gallery that any
> work I ever made there and sold under any
> circumstance, anywhere, anytime was subject to a
> twenty-five percent comission fee.
This is appears to be more than a regular artist-gallery agreement.
Being a co-operative gallery, with only 25% commission, they need to
make enough money to keep going and making this a clause would help.
The stress should be on CO-OPERATIVE... Everyone has to work to keep
the place going.
> This, in spite of the fact that I paid for my clay and firings.
So? You keep 75% of the selling price. Seems a very lucrative deal to
me.
> Pretty ridiculous; I had always thought that the commission
> was to "rent" a space in the gallery.
This is the biggest mistake that beginners and newbies make: the
presumption it is "just" a space to show work. A gallery is far more
than that, if it is doing its job. They can be a vital proactive force
in your life, which you should nurture and not just treat like a yard
of counter... If you want them to respect you as an artist and maker,
a bit of mutual respect for the job each party is doing is a good
start to a lucrative and successful business partnership.
Janet Kaiser
The Chapel of Art / Capel Celfyddyd
Home of The International Potters' Path
8 Marine Crescent : Criccieth : GB-Wales
URL: http://www.the-coa.org.uk
postbox@the-coa.org.uk
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