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Many artists believe that the words “creative” and “good business practices” cannot exist in the same sentence. Some believe that all Internet art galleries are good, because, after all, they may claim to be the “artist’s friend.” Indeed, many of these galleries are both good and helpful to artists. Unfortunately, however, some are predatory and unscrupulous. It is important for artists to know what they are signing up for.

One of the easiest ways for artists to control the marketing and sale of their work through an Internet art gallery is to carefully negotiate when and how the contract ends.

Here are some pointers to consider:

• How long is the contract? If it’s four years long, what happens if the gallery isn’t doing its job after six months or a year? Shorter may be better, depending on circumstances.
• Does the Internet gallery claim it can continue selling your work even after the contract is over? Does the contract say “for the life of all the editions of all the images,” but those images are digital creations from the artist’s original work? Make sure to read about what happens after the contract is over… and then negotiate what you feel is best for you.

“Trick-or-treat” belongs at Halloween, not in a creative arts contract.

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Nothing contained on this page should be construed as providing legal advice or creating an attorney-client relationship. All information herein is intended as educational only. For advice specific to your situation, please contact an attorney of your choice.