Galleries: where should their claim to Commissions END?
myster...@nowhere.com
also know that Gallery sales commission run from 25% to 70%, with 35%
to 50% being the norm, more or less...
I ALSO know that many galleries like to map out a 'territory' that
they claim as 'theirs' when it comes to their artists showing and
selling art.
One gallery in portland claims the City of Portland and two well-to-do
suburbs as 'theirs' and I know of another gallery that claims all of
Oregon as theirs...
I have a specific issue here.. so let me just state my question....
I'm in a new gallery in a new area of the country for me. In one of
my visits delivering a sculpture to the gallery, I met some people at
a bar, and they are interested in having me build a sculpture for the
city. I've had a few meetings with them and things seem to be moving
ahead. BUT... when I mentioned this to the gallery owner, she said
she wants a commission on the sale.. she threw out 20% (with some
room for negociation I believe).
I realize I wouldn't have even BEEN THERE without this new gallery,
but the gallery isn't playing any part in this sale. How much does it
deserve?
The last thing I want to do is destroy a budding business relationship
with a new gallery, but .MY feeling is they should get ZERO percent as
a commission, but I want to hear all of your feelings.
Thanks
Jud Turner
gallery, you get it all in writing, in the form of a contract. It's
too easy to be casual and just happy to get your stuff into a gallery
and overlook how important a contract is. Having a contract which
specifies all these details saves you exactly the dilemma you have
right now.
Personally, I agree with you, as the people who want to commission your
work did not find out about you via the gallery.
good luck - Jud
Gary Oblock
Hey, a big project in another part of the country and a likely sucker to act as local
liaison and administrative nightmare fixer and they only want 20%? If you use
the owner as a resource it might turn out to your advantage. To be honest the
locals saw your work in the gallery so the gallery owner was in essence doing
advertising for you. Besides, turning a conversation in a bar into a real project
is going to take wrangling so get the gallery to help make it happen. They know
the locals and how to sell stuff.
-- Gary
--
Bronze Dreams
Santa Clara, CA
http://www.bronzedreams.com
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scul...@tfb.com
and seen your work? Did you take them to the gallery and show them your
work as a result of your meeting?
These kind of relationships are always a bit iffy. On the one hand, I
have to admit that artist's generally feel they get shafted when a
gallery wants commissions on sales not related to the gallery, but on
the other hand, a gallery is loathe to invest any real effort in an
artist they can't make any money from.
It comes down to the difference between a gallery being a sales venue,
( merely a distribution point ) or an Agent ( representing you within
an area )
If they are little more than a storefront, they don't deserve any part
of sales you make independently.
However- if they are actually going to represent you, promote you and
bring commissioned work your way, then they are acting more as an
agent, and in that sense they deserve 10% of every sale you make within
a region. (adjust your pricing accordingly)
I would greet this as an opportunity to open a dialog with them on this
issue. Get it in writing just what they intend to DO to earn 10% of all
your sales in a given area. They should be offering to give you one
person or two person shows, to place your work on loan in high
visiblity locations, provide some printed promotional materials and, if
they are worth a damn, get your work purchased by some of their bigger
collectors. The bigger a pecentage they ask for, the bigger a
commitment you want from them in terms of what they will do to promote
you.
And include a clause in any subsequent contract that is performance
related- that is, they don't get the percentage unless they bring in X
dollars in gross sales.
The thing is, if they are a good gallery, with good contacts, what they
are looking for is an artist who recognizes them as a limited partner.
If they know they can make an income from you, that you will help
support them, then they are going to be more willing to support you.
If they don't have any real contacts, can't get you any press or
exposure other than their storefront, then they don't necessarily
deserve any of your outside sales, BUUT in that case, you don't be
bringing your outside clients into their store to show them your work.
WHen you do that, you are using their window dressing to help sell your
work and they get a piece of that.
christopher
Andrew Werby
<myster...@nowhere.com> wrote in message
news:snnga1t78hvo7hvjt...@4ax.com...
>I know galleries want and most-often Deserve a commission on sales. I
> also know that Gallery sales commission run from 25% to 70%, with 35%
> to 50% being the norm, more or less...
>
> I ALSO know that many galleries like to map out a 'territory' that
> they claim as 'theirs' when it comes to their artists showing and
> selling art.
>
> One gallery in portland claims the City of Portland and two well-to-do
> suburbs as 'theirs' and I know of another gallery that claims all of
> Oregon as theirs...
>
> I have a specific issue here.. so let me just state my question....
>
> I'm in a new gallery in a new area of the country for me. In one of
> my visits delivering a sculpture to the gallery, I met some people at
> a bar, and they are interested in having me build a sculpture for the
> city. I've had a few meetings with them and things seem to be moving
> ahead. BUT... when I mentioned this to the gallery owner, she said
> she wants a commission on the sale.. she threw out 20% (with some
> room for negociation I believe).
>
> I realize I wouldn't have even BEEN THERE without this new gallery,
> but the gallery isn't playing any part in this sale. How much does it
> deserve?
[Did you sign the contract giving them exclusive rights to sell your stuff
in the area which contains this bar, before this sales conversation ensued?
If so, you owe the gallery the promised percentage of the sale. If not, I
don't think they are entitled to anything. If you were to compensate every
entity that contributed to the fact that you were there at that time - the
art teacher who inspired you to take up sculpture or the one who flunked you
out of pre-med; the girlfriend who threw you out of her cozy apartment in
Manhattan, the company that didn't hire you for a good-paying job
elsewhere - there would be little left over...]
>
> The last thing I want to do is destroy a budding business relationship
> with a new gallery, but .MY feeling is they should get ZERO percent as
> a commission, but I want to hear all of your feelings.
[If they're going to act as your local agents in this transaction, it might
make sense for you to throw them a bone, even if you don't legally owe them
anything. If they're doing work for you, they deserve to get paid. If not,
they don't.]
Andrew Werby
www.unitedartworks.com
Carl Wright
Thought I would add to the string. Lots of galleries want exclusive
territory so that multiple galleries/people cannot sell your work in the
same city. That is understandable, they do not want the competition. This
is not a monolithic demand on the part of the gallery. This is a
negotiation that is being carried out - just like when you negotiate the
other terms of the contract.
Did you ever think that maybe you could take a more assertive approach to
the gallery? You are giving up one of advantages - the advantage to sell at
multiple outlets in the same city. Isn't this worth something to you rather
than just giving it away? Did you ever consider that you could say "I will
be happy to give you an exclusive to the city/county/or state; in return the
gallery will be contractually (sp) bound to sell 2, 3, 4 pieces" or whatever
amount you choose in return for giving up that privilege?
The gallery is taking away a sales option for you. The gallery wants a
pound of flesh. Don't you deserve a pound of flesh back in return from the
gallery? .
To be able to take this approach requires the ability to walk away from the
gallery without signing. If you cannot walk away from the gallery, you are
a victim whether you choose to think of it or not.
This is no different from negotiating whether they carry the insurance or
you do on your work in their gallery, you paying for shipping rather that
splitting the shipping, you paying for the eats, invitations, and postage
for the mailing to your show, and whether you get a show from the gallery.
Think about what you are doing before throwing away one of your rights.
Carl
<myster...@nowhere.com> wrote in message
news:snnga1t78hvo7hvjt...@4ax.com...
GaryR52
galleries are entitled to their commissions, as they are the ones assuming
the risks and responsibilities for marketing your work.
Having said that, in this particular scenario, it is evident the gallery
played no active role in soliciting this commission for you; you did all
that yourself. I think, therefore, it's only fair that you should reap the
full rewards of your own good fortune. However, even so, the gallery may
have a legal right to a share in the commission IF (and ONLY if) your
contract with the gallery is (1) exclusive and (2) stipulates in writing
that any and all sculpture commissions you get are to be considered as part
of the gallery's "territory." If you carefully read your contract (or better
yet, have a lawyer do so), you will know how to proceed on this. If it's the
case that the agreement was written to encompass all commissioned works,
then you're screwed.
Gary