Free Artist's Legal Contracts

Free Artist Legal Contracts



Free Useage Standard Legal Contracts for Artists

Artists Legal Contracts∼Help for the Artist to control and protect his own art. Printer∼Friendly Art Contracts for You to Download and Use. You can also copy and paste. Before selling Your Art Work, look at these Art Contracts



Original Work Contract | Consignment/Gallery Contract | Agent/Representative Contract | Licensing Contracts | Reproduction Rights Contract | Artist's Sculpture Contract |

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The first Contract shown here is usually for the Sale of an Original Work of Art. It is set up as though the Artist and Purchaser are long distance, and Artist will ship. (Gino ship many of his Works, and uses this Contract extensively). In the case that your Purchaser/Client is nearby, modify the document to contain one Notary and Witnesses for both signatures of the Artist and the Client at once. See article "11.", and lower part of Contract.

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Agreement of Original Transfer of Artwork



Artist: _____________________________________________    Address:_____________________________________________

Purchaser:_________________________________________    Address:_____________________________________________

WHEREAS Artist has created that certain work of art ("the Work"):

Dimensions:_______________________________________    Media:____________________________________________

Year:_______________________
WHEREAS the parties want the Artist to have certain rights in the future economics and integrity of the Work. The parties mutually agree as follows:
1. SALE: Artist hereby sells the Work to Purchaser at the agreed value of $__________________
2. NOTICE OF EXHIBITION: Before committing the Work to a Show, Purchaser must give Artist notice of intent to do so, telling Artist all of the details of the Show, within 60 days of said Show.
3. PROVENANCE: Upon request, Artist will furnish Purchaser and his successors a written history and provenance of the Work, based upon the Artist's best information as to Shows.
4. ARTIST EXHIBITION: Artist may show the Work for up to 60 days once every five years at a non-profit institution at no expense to the Purchaser, upon written notice no later than 120 days prior to Opening and upon satisfactory proof of insurance and prepaid transportation.
5. NON-DESTRUCTION: Purchaser will not permit any intentional destruction, damage or modification of the Work.
6. RESTORATION: If the Work is damaged, Purchaser will agree to consult Artist before any restoration and must give the Artist the first opportunity to restore it, if practicable on the Artist's schedule, locale, etc.
7. REPRODUCTION: Artist reserves all copyrights and rights to the Work.
8. NOTICE: A notice, in the form below, must be permanently affixed to the Work, warning that Ownership, etc. are subject to this contract. If however, a document represents the Work or is part of the Work, the Notice must instead be a permanent part of that document. NOTICE: Ownership, transfer, exhibition and reproduction of this Work are subject to a certain

Contract dated _______________________________between Artist:_________________________________________________

Address:________________________________________________and

Purchaser:______________________________________________

Address:________________________________________________(Artist has copy)

9. EXPIRATION: This contract binds the parties, their heirs and all of their successors in interest, and all Purchaser's obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and the Artist's surviving spouse plus 21 years, except the obligation of paragraphs 2, and 3 which shall only last during the Artist's lifetime.
10. ATTORNEY'S FEES: In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.
11. TWO ORIGINAL COPIES of this Contract are to be signed and witnessed, notarized;
One being the pocession of the Artist, the other the Purchaser. Both shall be first
signed and notarized by the Artist, and sent to the Purchaser. It is then to be signed
and notarized by the Purchaser, and returned to the Artist. Within 3 days of the receipt of signed Contract from the Purchaser, the Artist will send the Work of Art, fully insured and properly packaged.

Date:__________________________    Artist:____________________________________________

Witness to Artist's signature:__________________________________________

Notary signature_______________________________________________

Notary to Artist:







Date:___________________________    Purchaser:_______________________________________

Witness to Purchaser's signature:___________________________________________________

Notary signature:____________________________________________
Notary to Purchaser:








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The second Contract shown is for consignments usually made with Art Galleries that are willing to sell your ArtWork in exchange for a percentage of the Selling price. You could also use this Contract for a Hotel Lobby or Bank; any situation in which you give your Work to someone to sell but you won't get paid until the Work is sold. Careful with the wording in part 1, you may not want one Gallery to have exclusive rights, and need to re-word the Contract to include only a few of named ArtWorks. Also, after reading through the Contract, see below it for approximate percentages used as a standard. You can of course, modify these to fit your particular situation.

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General Consignment Contract


THE FOLLOWING constitutes the entire Agreement with respect to the
Sale by_______________________________________ Gallery of Sculptures, Drawings and
Graphics created by_____________________________________Artist,

1. For a period of _______________________year(s) and/or _________________month(s)
commencing from the date on this Agreement, ___________________________Gallery shall
have the exclusive right, in any part of the World, to offer for Sale and to authorize
others to offer for Sale, all item(s) of ArtWorks created and owned by Artist. Artist
shall initially deliver each such item of his Work to the Gallery at such location
as may be designated by Gallery.
2. For the period of ________________year(s) and/or _____________months(s), Gallery
shall have the exclusive right to arrange, and to authorize others to arrange, for
the publication and/or for Sale, in any part of the World, of books and cataloques
containing illustrated reproductions oof the ArtWork of the Aritst.
3. For the period of __________________year(s) and/or_____________month(s), Gallery
shall arrange for Exhibitions of Artist's Works in the cities of ___________________,
_________________________________, and such other places as the parties shall jointly
determine. Gallery shall be responsible for all of the expenses of such Exhibitions,
including Advertising, Cataloque costs and Insurance, and shall bear the entire cost
of storing all items of Artist's Work delivered to Gallery pursuant to this Agreement.
4. The parties acknowledge that Artist has furnished the Gallery photographs of each item
of Artist's Works owned by the Artist on the date of this Agreement, The price at which
Gallery shall offer each such item for Sale shall not be less than the price set forth
on the back of such photograph. The parties shall jointly determine the minimum Sales
price to be charged as to those ArtWorks to be created by Artist during the term of
this Agreement. Minimum prices may be changed from time to time in such manner as shall
jointly be determined by both parties.
5. As compensation for Gallery's services in effecting the Sale of a particular Work,
Gallery shall be entitled to retain___________% (percent) of the balance of the gross
Sale of the particular Sale, as and for Gallery's commission for having effected
such Sale, with the remaining____________________% (percent) of such balance, to
be paid to Artist on a monthly basis.
6. All copyright and further reproduction rights to the consigned Works shall remain
with the Artist.
7. Full responsibility for any consigned Wor lost, stolen or damaged while in Gallery's
possession shall be on Gallery, and the percentage agreed upon due Artist shall be paid
to Artist.
8. Consigned Works shall be held in trust for benefit of Artist and will not be subject
to claim by Creditor of Gallery.
9. In any proceeding to enforce any part of this Contract, the aggrieved party shall
be entitled to reasonable attorney's fees and to any available remedy.
10. Either Party may terminate this Agreement with 30 days notice.
11. This Agreement shall be construed in accordance with the laws of the State of
_____________________________________.

Dated this___________________day of________________________, 20____'.

Artist's signature___________________________________________________

Gallery Representative with Authorization to sign this Agreement:
___________________________________________________________

Witness:___________________________________________________

Notary:







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This third Contract will deal with the Artist's relationship with an Agent or Representative.


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Agent/Artist Agreement



AGREEMENT, this ___________________________day of___________________, 20__________', between

________________________________________, herein after referred to as the "Artist",

residing at__________________________________________________________

and ________________________________________________________, herein after referred to as the "Agent",
residing at_______________________________________________

WHEREAS, the Artist is an established Artist of proven capabilities; and
WHEREAS, the Artist wishes to have an Agent represent him or her in marketing certain
rights encumbered herein; and
WHEREAS, the Agent is capable of marketing the ArtWork produced by the Artist; and
WHEREAS, the Agent wishes to represent the Artist.
NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants
herein after set forth and under valuable consideration, the parties hereto agree
as follows:
1. AGENCY, the Artist appoints the Agent to act as his or her exclusive Representative:
(A)in the following geographical area:______________________________________________________

___________________________________________________________

___________________________________________________________

(B)for the markets listed here (specify publishing, advertising, etc.):____________________________________________________

__________________________________________________________

__________________________________________________________

The Agent agrees to use his or her best efforts in submitting the Artist's Work(s)
for the purpose of securing assignment for the Artist. The Agent shall negotiate
the terms of any assignment that is offered, but the Artist shall have the right
to reject any assignment if he or she finds the terms thereof unacceptable.
2.PROMOTION. The Artist shall provide the Agent with such samples of Work as are
from time to time necessary for the purpose of securing assignments. These samples
shall remain the property of the Artist and be returned on Termination of this
Agreement. The Agent shall take reasonable efforts to protect the Work from loss
or damage, but shall be liable for such loss or damage only if caused by the
Agent's negligence, Promotional expenses, including but not limited to promotional
mailings and paid advertising, shall be paid ________________________% (percent)
by the Agent and _____________________% (percent) by the Artist. The Agent shall
bear the expenses of shipping and insurance.
3.TERM. This Agreement shall take effect on the ___________________________________
day of ___________________________________________
and year of_______________'.
and remain in full force and effect for a term of one years, unless terminated as
provided in paragraph 9.
4. COMMISSIONS. The Agent shall be entitled to the following commissions: (A):
On assignments incurred by the Agent during the term of this Agreement,
___________________% (percent) of the billing, (B) On house accounts, ______________%
(percent) of the billing. For purposes of this Agreement, house accounts are defined
as accounts obtained by the Artist at any time or obtained by another Agent representing
the Artist prior to or in another region (area) commencement of this Agreement and
are listed below:
__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

It is understood by both parties that no commissions shall be paid on assignments
rejected by the Artist or for which the Artist fails to receive payment, regardless
of the reason payment is not made. Further, no commissions shall be payable in either
(A) or (B) above for any part of the billing that is due to expenses incurred by
the Artist in performing the assignment, whether or not such expenses are reimbursed
by the Client. In the event that a flat fee is paid by the Client, it shall be
reduced by the amount of expenses incurred by the Artist in performing the assignment,
and the Agent's commission shall be payable only on the fee as reduced for expenses.
5. BILLING. The_____________________________(Artist) and _____________________
(Agent) shall be responsible for all billings.
6. PAYMENTS. The party responsible for billing shall make all payments due within
ten (10) days of receipt of any fees covered by the Agreement. Late payments shall
be accompanied by interest calculated at the rate of _______________% (percent)
per month thereafter.
7. ACCOUNTINGS. The party responsible for billing shall send copies of invoices to
the other party when rendered. If requested, that party shall also provide the other
party with with semi-annual accountings showing all assignments for that period,
the Client's names, the fees paid, expenses incurred by the Artist, the dates of
payment the amounts on which the Agent's commissions are to be calculated, and the
sums due less those amounts already paid.
8. INSPECTION OF THE BOOKS & RECORDS. The party responsible for the billing shall
keep the books and records with respect to commissions due at his or her place of
business and permit the other party to inspect these books during normal business
hours on the giving of reasonable notice, being a period stated as _________days.
9.TERMINATION. This Agreement may be terminated by either party by giving party
30 (thirty) days written notice to the other party. If the Artist receives
assignments after the termination date from clients originally obtained by the Agent
during the term of this Agreement, the commission specified in Paragraph 4 (A)
shall be payable to the Agent under the following circumstances. If the Agent has
represented the Artist for six months or less, the Agent shall receive a
commission on such assignments received by the Artist within 90 (ninety) days
of the date of termination. This period shall increase by 30 (thirty) days for
each additional 6 (six) months that the Agent has represented the Artist, but in
no event shall such period exceed 180 (one hundred and eighty) days.
10. ASSIGNMENT. This Agreement shall not be assigned by either of the parties
hereto. It shall be binding on and inure the benefit of the successors,
administrators, executors, or heirs of the Agent and Artist.
11. NOTICES. All notices shall be given to the parties at their respective addresses
set forth above.
12. INDEPENDENT CONTRACTOR STATUS. Both parties agree that the Agent is acting as
an independent contractor. This Agreement is not an employment agreement, nor does
it constitute a joint venture or partnership between the Artist and the Agent.
13. AMENDMENTS AND MERGER. All amendments to this Agreement must be written. This
Agreement incorporates the entire understanding of the parties.
14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
________________________________________________________.

IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth
above:
Artist____________________________________________________

Agent_____________________________________________________

Witness___________________________________________________

Notary:







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The normal percentages used in the above Contract

As shown in No. 4. COMMISSIONS, the standard is 25% of the billing (A) and in the (B) House accounts, it is usually 10%.

These next two Contracts deal with Licenses which the Artist may use to grant another person permission to use something that you (the Artist) owns. Generally, Artists license copyrighted illustrations and designs, occasionally a trademark. This license protects the Artist in that it limits the useage by the other party. You can modify it as you need.


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License Agreement




I, the Artist, _________________________________________,

of_____________________

Owner of copyright on ________________________________________________________,

in consideration of______________________________________________________

dollars paid to me by _________________________________________________________,

grant to ________________________________________________,

a (sole and exclusive) license to use my copyrighted_____________________________________

in______________________________________________

for all purposes of ____________________________


Date____________________________________________

Signature of Artist__________________________________________

Signature of Party being granted Agreement____________________________________________________

Notary:










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This License Agreement is a bit different, and may be the one you need.
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License (Permission)





Please credit _____________________________________, Artist. This Work of Art is
furnished to License for the purpose of one-time reproduction but must not be loaned,
syndicated or used for advertising or other purpose without prior written permission
from Artist.
Artist shall be paid the sum of $________________________________dollars;
Artist reserves all right, title and interest in the Work of Art and all copyright
rights. Copyright notice of the copyright symbol, the date and the name of the Artist
shall be included on all reproductions.
Artist __________________________________________________

Licensee ________________________________________________



Purpose and Use: ___________________________________________________________

___________________________________________________________

___________________________________________________________


_____________________________________________________

___________________________________________________________

Notary:






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The next Contract is a comprehensive Contract for the reproduction of Works of Art. It includes every kind of provision for the protection of the Artist entering into a reproduction Agreement.


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Agreement for Reproduction of Work of Art




THIS AGREEMENT, made on the____________________day of _____________________,

in the year ____________, by and between ________________________________________

(The Artist) and ________________________________________________(Second Party)
of ___________________________________________________________(Company and address)
WHEREAS, Artist desires to create new and original Works of Art and to have them
reproduced for sale as Prints, Reproductions, Posters or Replicas, and
WHEREAS, Second Party is in the business of buying, reproducing, exhibiting,
selling and publicly distributing Works of Art.
NOW, THEREFORE, in considerationof the premises, the considerations mentioned, and
the mutual promises made, the parties agree as follows:
1. Second Party agrees to pay the Artist for the rights to reproduce, sell, publish,
distribute, exhibit, reproductions of the Artist's Work on the terms of this
Agreement, and the Artist agrees to create the following described Works of Art
for reproduction:
Editions will be of ____________number, signed and numbered 1-_____________.
The Artist agrees to supply the Second Party with __________additional copies signed
for them and the Artist shall retain for Artist's own use _________________copies
as Artist's Proofs.
2. The Parties agree that the price per edition for the first year will be
$_____________________(Dollars) and the second year $_________________(Dollars)
and the third year $______________________(Dollars). Payment will be made by the
Second Party to the Artist within 30 (Thirty) days after delivery of Edition to Buyer.
3. Artist agrees to design, execute, and produce the Limited Edition of the Work
of Art and Artist shall date, sign, number and affix Artist's copyright notice on
each number of the Limited Edition. Artist shall apply for copyright registration
in the name of the Artist and shall retain Ownership of the original Work of Art,
all incidental Work related to the Limited Edition and all other reproduction and
derivitave Work rights, including merchadising rights, use of title rights, publication
rights and Foreign Edition rights except those covered by the Agreement.
4. Artist agrees to maintain the Wholesale and Resale prices established by the
Second Party.
5. The term of the Agreement shall be _____________________(write out Year(s) )
from the date of Execution or unless sooner terminated.
6. Artist agrees that the Works of Art to be created shall be new and original
Works of Art created by the Artist during the term of this Agreement and delivered
by the Artist to the Second Party on the following date:_____________________
7. Second PArty shall have the right, in its reasonable discretion, to accept or reject
the finished Work of Art by the Artist, In the event that Second Party finds the
the finished Work unacceptable for any reason. Second Party may request the Artist
in writing to make specific changes. If the Artist refuses to make the Second
Party request, or if the Second Party deems the second change to be so unsatisfactory
as to be unacceptable, Second Party shall have the right in their sole discretion
to reject the Work and to request the Artist to create an additional new Work of
Art during the term of this Agreement. If Second Party finally rejects a Work of
Art by the Artist, the Artist reserves all copyright rights and shall have the
right to sell or otherwise dispose of the Work in any way that the Artist chooses.
8. Second Party shall have the right to use the Artist's name, portrait and
biographical material to publicize and advertise sales of the Edition but not as
an endorsement of any product or service and likenesses will not be presented to
the public in a questionable, undignified or deragatory manner affecting the
Artist's Standing in their Profession.
9. The Parties agree that during the term of this Agreement, if the Artist creates
more than two new and original Works, Second Party shall have the right of first
refusal of __________________Works of Art that the Artist creates, on the same terms
and conditions as this Agreement provides. Second Party shall not be obligated,
however, to accept more than ____________Works during the term of this Agreement.
Nothing in this Agreement is intended or shall be deemed to create a relationship
of Employment between the Artist and the Second PArty and no Work of Art created
by the Artist will be a Work made for Hire.
10. The parties agree that the price and terms of any Sale of the individual numbers
of the Edition(s) covered by this Agreement shall be $__________________(Dollars)
11. Second Party agrees that Artist must receive Authorship credit and notice of
copyright in Artist's name including affixing the copyright symbol, the date and
name of the Artist on all Reproductions of the Work(s) covered by this Agreement.
12. This Agreement embodies and contains the entire Agreement and understandings
of the parties and shall be binding upon their respective heirs, legal representatives,
successors and assigns.
13. Each party shall take any steps and execute, acknowledge and deliver any
further documents the other may reasonably request to carry out the intent and
purpose of this Agreement.
14. This Agreement may not be assigned by Second Party to another person or
Comapny without the prior written consent of the Artist.
15. In any proceeding to enforce any part of this Contract, the aggrieved party
shall be entitled to reasonable attorney's fees in addition to any available rememdy.
16. All notices and other communications shall be in writing and shall be deemed
to have been given wehn delivered or mailed first class, postage prepaid, addressed
to the party as set out above, or as instrument in writing signed by both parties.
17. This Agreement may be amended, waived, discharged, modified or terminated only
by an Instrument in writing signed by both parties.
18. Time is of the essence.
19. This Agreement is entered into the State of______________________________,
contains covenants to be performed within the State of_______________________,
and governed by the State of________________________________________________.
20. If the following Special Stipulations conflict with any of the foregoing
provisions, the following Stipulations are agreed to by both parties and shall
control over any printed portion of this Agreement:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
IN WITNESS WHEREOF, the parties have signed this Agreement on the __________day
of_________________________________, 20______'.
Artist________________________________________________________________________
Second Party__________________________________________________________________
Witness_______________________________________________________________________
Second Witness________________________________________________________________
Notary:











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The next Contract is a Contract that Gino uses every time he sells one of his Sculptures. It includes many protective rights for the Artist. Gino has his notarized to insure every protection.


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Artists' Sculpture Contract




Artist:____________________________ Address:_____________________________________
Purchaser:____________________________   Address:___________________________
WHEREAS Artist has created that certain work of art ("the Work"):
Dimensions:______________________________________________________________________
Media:___________________________________________________________________________
Year:____________________________________________________________________________
WHEREAS the parties want the Artist to have certain rights in the future economics and integrity of the Work. The parties mutually agree as follows:
1. SALE: Artist hereby sells the Work to Purchaser at the agreed value of
$_______________________
2. NOTICE OF EXHIBITION: Before committing the Work to a Show, Purchaser must give Artist notice of intent to do so, telling Artist all of the details of the Show, within 60 days of said Show.
3. PROVENANCE: Upon request, Artist will furnish Purchaser and his successors a written history and provenance of the Work, based upon the Artist's best information as to Shows.
4. NON-DESTRUCTION: Purchaser will not permit any intentional destruction, damage or modification of the Work.
5. RESTORATION: If the Work is damaged, Purchaser will agree to consult Artist before any restoration and must give the Artist the first opportunity to restore it, if practicable on the Artist's schedule, locale, etc.
6. REPRODUCTION: Artist reserves all copyrights and rights to the Work.
7. NOTICE: A notice, in the form below, must be permanently affixed to the Work, warning that Ownership, etc. are subject to this contract. If however, a document represents the Work or is part of the Work, the Notice must instead be a permanent part of that document.
NOTICE: Ownership, transfer, exhibition and reproduction of this Work are subject to a certain Contract dated _______________________between Artist:_______________________________ Address:________________________________________and Purchaser:______________________ Address:_________________________________________(Artist has copy)
8. EXPIRATION: This contract binds the parties, their heirs and all of their successors in interest, and all Purchaser's obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and the Artist's surviving spouse plus 21 years, except the obligation of paragraphs 2, and 3 which shall only last during the Artist's lifetime.
9. ATTORNEY'S FEES: In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.
Date:_____________________________________Artist:________________________________
Date:______________________________________Purchaser:____________________________
Witness:_________________________________________________________________________
Witness:_________________________________________________________________________
Notary signature______________________________________
Notary seal: