As an artist, selling your work might not be your first nature. That’s why hiring an agent could help get your work out there and adequately compensated.
Agents who represent artists should have expertise in the field and know how to get you the exposure leading to remuneration for both. You would create and enter into an Artist-Agent Agreement to protect both parties’ interests.
Entering into an Artist-Agent Agreement can be beneficial to the artist in many ways. Agents usually have established connections and provide sales and publicity for the artist’s work. While it can be fascinating for both parties, the contract details should be as specific as possible.
The labor division for the artist and the agent should be clear to avoid any disputes later on. The main goal of the agreement is for the satisfaction and adequate compensation of both parties.
Depending on your state, an Artist-Agent Agreement may also be known as:
Having an Artist-Agent Agreement will give the artist time to create rather than having to market. The agent would know precisely what their duties are if they want to earn a commission.
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If you are an artist looking to find an audience for your work, hiring an agent can go a long way. The agency can be lucrative and exciting, but only if you have a fair Artist-Agent Agreement.
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Both parties will need to sign the document to make it legally enforceable. Notarization is not necessary but can be useful to make the signatures harder to challenge in court.
After the Artist-Agent Agreement is signed, it’s customary to distribute physical copies to both parties. Another copy, digital or physical, can be filed with the agency HR.
Reputable agents may charge anywhere between 10% and 20%, with an average of closer to 15%. However, if you use a commercial gallery representation, this fee can go up to as high as 50% per artwork sold. Agents may also choose to charge fixed monthly fees.
It is not necessary to hire a law firm. However, if it is your first time signing such an agreement, you might want to consider doing just that. Legal assistance could guide you in the right direction and to insist on certain provisions to add to the agreement.
The "dating phase," though informal, is relatively common in the Artist-Agent relationship. This phrase refers to the period when the artist and agent work informally. A more formal "dating phase" would involve a short-term contract to see how well both parties work together before committing to a long-term contract.
As you know, oral agreements can be impossible to enforce. Having an Artist-Agent Agreement that passes legal muster will protect both parties and encourage them to put forth their best. Also, the agreement would detail what to do in the event of a breach of contract.
As an artist looking for proper representation, you must have a developed portfolio and preferably a website that showcases your work. You should only consider working with licensed agents who have prior experience working with similar artists. You may also want to ask for references and go into details about what their services entail, and beyond that, you may also want to follow through with contacting a few or all of the references first-hand.
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