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A Guide to Art Dealers & Art Galleries

This page provides information about the art intermediaries known as 'the art dealer' and 'the art gallery'
This page includes
  • summaries and tips about how the art gallery/dealer world works 
  • links to articles providing more in-depth advice and information on the topic.
How Galleries and Dealers Work
​
  • Key Facts about Representation
  • The Art Dealer
  • The Art Gallery
    • Facts about Galleries​ according to Magnus Resch
    • ​how the art gallery business model works - why so many art galleries are closing and how to be mindful of how "fit for business" an art gallery is​
    • different types of art gallery - retail, vanity, pop-up
Starting out as an Artist
​

Check out specific aspects of a working relationship with a Gallery:
  • An Art Gallery Glossary provides a guide to all those words unique to the art world
  • What Gallery Contracts mean
  • What Gallery Commission means - what it is, why it exists and how it works
  • Exhibition Insurance​
  • how to get a gallery or agent
  • approaching gallery curators
  • moving on and moving up - how to deal with rejection and/or end a relationship with a gallery
Different perspectives
​

You can also find below various perspectives - and advice - on art galleries and links to further information provided by 
  • art gallery owners
  • art business advisers
  • the art press​​
ALTERNATIVELY
on other pages you can read about:
  • Art Fairs
  • Alternative Options for Exhibition
  • A Guide to Art Agents and Consultants
  • e-Commerce for Artists
  • Selling Art from Home
Picture
The Art Gallery of Jan Gildemeester Jansz

Key Facts about Representation
​

Important things to know about those who represent you.
Fine Art Agents/Dealers/Galleries are essentially commercial. They want:
  • to represent people whose art will sell easily. They want artists who can demonstrate a good track record in selling art i.e. evidence that the collectors like the art
  • artists with a steady upward trend on prices charged for art sold (as opposed to prices asked - and the art remains unsold!)
  • artists who have a unique style with a consistent and well developed theme / colour / approach
  • artists with a clear statement about why they produce their art
  • artists who produce good copy for the press releases
  • artists who fill a gap in their portfolio - while being a good fit with other artists they already represent.
  • artists people who know people who buy art - so that they can be introduced and add them to their mailing lists - and sell the art of the other artists they represent to them!
  • to stretch the limits on what and where they represent you. You should ensure representation specifies the type of work (e.g. large paintings) and geographical areas (e.g. 50 miles of a town)
Pros
Galleries and dealers can:
  • find a buyer for your art
  • provide a public face for your art in most of business dealings and sales transactions with collectors and clients
  • know better than you how best to sell your art (but this isn't always the case as a lot of galleries are awful at marketing!)
  • handle the licensing and rights issues
  • be better located than you are to draw traffic for your art and are able  to take your artwork to art fairs and a wider audience
Cons
Agents/Dealers/Galleries can:
  • increase your business expenses and reduce your profit (e.g. gallery commission; agents and dealers fees)
  • charge you for items related to an exhibition of your work which you thought were covered by the commission (KNOW don't think; always check the agreement in writing before you sign)
  • be more interested in your network, family, contacts and mailing list than your artincrease your prices by VAT irrespective of the fact VAT should only be charged by agents and galleries if you are also registered for VAT
  • refuse to tell you who they sold your work to
  • fall short of good practice in the trustworthy stakes! ALWAYS (1) check them out first and (2) make sure you review/have a documented contract spelling out how your relationship works.
  • terminate the relationship if they can't sell your work.
  • Galleries can't help you get rich quick if they can't even make money themselves OR lose money (READ "Why do so many galleries lose money")
  • fail to be tech savvy
  • go bust - leaving lots of your artwork behind locked doors
The art market is dominated by small- and medium-sized businesses who have historically been at the less tech savvy, more complacent end of the scale.  
Hiscox Online Art Trade Report 2018
Facts first: 30% of all art galleries are loss-making.
Magnus Resch - Beyond the Numbers: Advice From the Art World’s Most Controversial Economist | Artsy
"The art world is tough, the rules are a complete mystery and only the lucky few make money"
Magnus Resch
There are also many myths held by artists about galleries:
- Galleries make or break an artist.
- You must be represented by a gallery to be a real artist.
- Galleries pay artists on time.
- Gallery owners are good business people.
- Gallery owners are organized.
Constance Smith Art Marketing 101

Changes in the art gallery marketplace
​

There have been radical changes in the art market and models of how to sell art in recent years.  Galleries in different countries across the world have been changing the way they operate
​
Art is now sold via
  • art fairs,
  • online and
  • in private transactions between collectors
and from
  • smaller spaces
  • rural locations
REFERENCE:
  • The Art Market 2018 - including a link to the....
  • The Art Basel and UBS Global Art Market Report 2018
  • Why Fewer Galleries Are Opening Today Than 10 Years Ago | Artsy
  • Is the Traditional Art Gallery Still King? | Artwork Archive

The Art Dealer
​

Person who sells, resells, or distributes works of art to third-party clients. Dealers are sometimes referred to as gallery directors or gallerists. Although some artists may personally sell their own art works and AUCTION houses may place works of art up for public bidding, the profession of art dealing remains an entity distinct from these trades. Art dealing as a profession is intimately tied to the activities of private collectors, art historians, and the wider economy.
Definition of an Art Dealer | Grove Art Online
An art dealer is essentially somebody who buys and sells art to third party clients. They have two groups of people to keep happy:
  • A dealer may aim to represent artists in order to secure access to their future artwork
  • a dealer may also aim to provide a service to their clients - the art collectors by providing access to artwork they might want to buy.  By getting to know their clients, a dealer can often introduce them to new artists and new artwork which the dealer thinks might well interest them.
An art dealer may run an art gallery - but you don't have to have an art gallery to be an art dealer. 
  • Nor does owning an art gallery mean that somebody is an effective art dealer. 
  • Many art galleries have shut up shop on the high street to cut their fixed costs and now trade as dealers from non-gallery addresses.
    • Their assets are the art collectors in their books and the artists they know.
    • Their skill is in bringing them together.

An art dealer who wants to exhibit work by an artist might secure suitable premises for a defined period - thus eliminating the overheads associated with running a gallery 24/7.
ART DEALERS - TRADE ASSOCIATIONS

Art dealers might operate as a trade association
 for the purposes of promoting art and maintaining standards and the confidence of art collectors. 
Examples in the UK include:
  • The Society of London Art Dealers
  • The Association of Art & Antiques Dealers (LAPADA)
  • The British Art Market Foundation
  • Association of Women Art Dealers​
Examples in the US include:
  • The Art Dealers Association of America (ADAA)  - ​Founded in 1962 - a nonprofit membership organization of the nation's leading galleries in the fine arts. ​
Working with Art Dealers
  • Art Dealers Association of America - Collector’s Guide to Working with Art Dealers - Guide to the role of Dealers and what they do and what they expect
For a dealer to qualify (for the ADAA) he or she must have an established reputation for honesty, integrity and professionalism among his or her peers. This association has strict ethical requirements. You won’t find a vanity gallery in this group
'Vanity Galleries: Pay to Play at Your Own Risk' by Renee Phillips

The Art Gallery
​

Picture
Cork Street in Westminster - the home of very many top galleries
An Art Gallery is physical space - a room (or rooms) for the display of works of art.
but to understand what it does and how it works, you also need to look at how it is financed
​
A Retail Art Gallery is a commercial establishment that owns or leases a space to display and sell (or loan) different forms of fine art (e.g. paintings, sculpture, photography, video art etc) - for money
A Vanity Gallery is an art gallery that charges artists fees to exhibit their work and makes most of its money from artists rather than from sales to the public.
A Pop-Up Gallery can be rented as a space for a short period for a specific exhibition or event. It's NOT a proper gallery. Not quite the same thing as a permanent gallery. (see Alternative options for exhibitions)​
The art world thrives off face-to-face interaction, trust and conversation between dealers and their clients. It cannot rely solely on the internet as there are many pitfalls to buyers from dishonest dealers and virtual scammers.
How art galleries will navigate our new normal
A gallery owner is essentially an art dealer in a fixed location where he or she exhibits and sells art.
Those who are successful know, understand and serve their art collector market well.  Business is generated via expertise and trust in that expertise generated by delivering what's needed.

An art gallery usually operates out of a proper building.
  • These are often located somewhere where it gets a good footfall from people likely to buy - but they don't need to be. Reputation and the quality of the art is what counts
  • If it's not in a good location, you need to work out which market sectors/art collectors they target and how they generate their visitors and business.
  • It may or may not have a display window (some galleries dealing in high end fine art look like private houses and keep their artwork behind a locked front door!).

They typically sell on a consignment basis (otherwise known as "sale or return".

They always take a commission if your art sells and should return it (in perfect condition) if it doesn't. (Sadly this doesn't always happen)

You must make sure you understand what the commission structure covers - and what it doesn't - before you sign with a gallery.
An art gallery business might do a lot of its business and selling art via an Art Fair(s).

This is because art fairs have become very popular with art collectors. Art Fairs make it very easy for art collectors to see a lot of art via a lot of galleries in a very short space of time. They are ideal for the time-poor art collector.

Do bear in mind that too many
art galleries in the past have been run by people who like art and artists but who were awful at business - which is why so many have gone out of business! 

​Before being taken on by a gallery you must check out whether they know how to be business-like - or your art might end up behind the locked doors of a gallery which has gone out of business.
An art gallery might put your art online.

Don't use galleries to avoid selling your art online.

The smart galleries have realised that a lot of people like browsing for art online - especially if it's below £10k - and make sure they make their art available to browse.​
the rate of galleries opening has fallen dramatically over the past decade..... new entrants face increasingly high barriers to entry.
Why Fewer Galleries Are Opening Today Than 10 Years Ago | Artsy

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Facts about Galleries - according to Magnus Resch
​

.......why do so few thrive? A simple economic analysis should make any potential gallerist pause to think; it is a textbook inefficient market, with too much supply meeting too little demand. But a further problem is found in the practices of the gallerists themselves; they have never changed their business model, relying on white walls, commissioned art, underpaid (or unpaid) interns, identikit opening events, 50/50 artist deals, and a presence at fairs. While art can be innovative, the business surrounding it is not.
Dr Magnus Resch | The Art Newspaper
Resch's numbers are based on his anonymous electronic survey to 8,000 galleries. He got 1,300 responses (16%). These included  information about their revenue, number of employees, and location.

This is a summary of his conclusions

FINANCIAL DATA
  • 30% of galleries LOSE money (40% in Germany)
  • 55% of galleries have a turnover of less than $200k pa
  • the average profit margin was c.6.5%

MARKETING DATA
  • the art market is TINY compared to other areas of the economy
  • 93% of galleries focus on contemporary art (80% in UK)

MYTHBUSTERS
  • ​central locations are very expensive and not essential - collectors will travel for good art (e.g. art fairs)
  • the primary art market rarely delivers enough profit - dealing only in emerging artists and those who have a degree of popularity does not generate enough profit for a gallery to be successful
REASONS WHY ART GALLERIES LOSE MONEY / FAIL
  • many galleries are awful at marketing and branding
  • less successful galleries concentrate on only up-and-coming artists
  • most galleries are under-capitalised and inefficient
  • gallery rents are often too high relative to turnover
  • the 50:50 split gives artists too much; he argues 70:30 for proper representation would be better
  • inexperienced/underpaid staff have no incentive to sell - he thinks staff pay needs to be tied to performance
  • galleries are obsessed with keeping up appearances and averse to discussing money
  • even less interested in doing what it takes to make money


RECOMMENDED: Management of Art Galleries (Third Edition)
by Magnus Resch
Officially a BEST SELLER - This book SOLD OUT FAST when it was first published in an English language edition

An insight into practices in top end art galleries from the man who created Larry's List - which provides a database of and an insight into top art collectors.

His book analyses how the art markets and art galleries operate, the phases artists go through in terms of economic production and place in the art market - plus he also analyses the new breed of art collectors. He provides case studies to explain key points relating to how to market and sell art to high net worth individuals.

​You don't have to be a gallery to benefit from the lessons he offers. See a summary of some of the key points below - plus links to articles about his work below that.
Picture
First Edition: Rated an average of 4.5 out of 5 stars by 9 customer reviews
NEW BOOK in 2015 - SOLD OUT!
First Publisher: Hatje Cantz

SECOND EDITION 2016 (PINK edition)
Paperback: 140 pages
Publisher: Phaidon Press 
UK: 18 Oct. 2016
​USA:​ November 14, 2016
I ordered and waited and have been rewarded!  However printing text in pink is beyond a joke!
Ratings dipped as I reviewed as Content = 5* Pink Text = 0*

THIRD (larger) EDITION 2018
Paperback: 152 pages
Publisher: Phaidon Press; Revised edition (13 July 2018)
Language: English
ISBN-10: 0714877751
ISBN-13: 978-0714877754
Product Dimensions: 14.9 x 1.6 x 21.3 cm
​12 more pages (and easier to read!). Updated and revised for the ever changing business of selling art

BUY THIS BOOK
USA: Management of Art Galleries
UK: Management of Art Galleries

The Contemporary Art Gallery - a business model that works 
​

This is my summary of Resch's views about how galleries need to change to become effective.
My view is that artists need to align themselves with art galleries that have contemporary business models for selling their art and who understand how to be cost effective and make profits.

​ A THREE TIER TRADING STRUCTURE - Successful galleries diversify their locations according to the life cycle stage reached by the artist. 
  • Garage: Young, emerging artists are shown in a very low-cost off-site location. Unlikely to be profitable. Essential to keep costs low.
  • Gallery: More established artists are shown in a traditional gallery space. Overheads make this an expensive proposition; this level may also be unprofitable. The Gallery limits how many gallery artists it supports seriously and fosters as opposed to displays ad hoc in exhibitions.
  • Fine Art: Living artists of genuine prominence and artists dealt with on the secondary market are represented in a private showroom eg a museum. Level at which profit can be maximised relative to costs incurred. The Collectors operating at this level are those who need to be introduced to the better emerging artists showing particular promise.
The successful business model is underpinned by multiple streams of business income - defined by and related to different stages of the artist life cycle - and cross-financing between different market sectors
  • funds to finance capital and time invested in building up young artists are generated by secondary art market income 
  • profitable galleries all deal in the secondary market for art by artists with a following and collectors

THE ARTIST LIFE CYCLE includes:
  • Shopping Phase - young artists hoping to find a top gallery to take them on, trying different venues, funded by scholarships and side jobs
  • Decision Phase - more mature artists who have a following, sell work and survive - but often also have side jobs - but may not have any or long term representation
  • Final Phase - tiny proportion of artists become successful full time professional artists long term; their work is traded on the secondary market both before and after their death
The above is a summary of his views expressed in public news articles - see articles below
The rationale behind the 50/50 split with emerging artists has never been about economics. What it costs most galleries to promote an unknown artist in a single solo exhibition, ongoing online and back-office presence, and a few art fairs, far exceeds the amount of money they will likely make from selling the average number of works at the emerging artist price points over the course of the first year or two.
Edward Winkelman | The Art Newspaper

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Art Galleries - Starting Out as an Artist

10 Questions about Art Galleries
​

SEE How to Find the Right Gallery

​The following are questions which you should ask yourself and research the answers before approaching art galleries.
  1. ​Is it a single art gallery - or part of a larger operation?
  2. How long has it been in existence - on this site and.or elsewhere?
  3. What range of artwork does it display?
  4. How many artists are listed on the website? What are their backgrounds? Are they comparable to you? Are they also represented elsewhere?
  5. Would your artwork fit in or duplicate existing artists?
  6. Who owns the art gallery?
  7. Who runs the gallery - a manager or the owner? 
  8. What's the educational and professional background of the person who owns and/or manages the gallery?
  9. Can they handle technology? (What does the website look like? Does this gallery have social media accounts? Are they active and up to date?)
  10. Does the art gallery attend art fairs and if so, are these one you are selected for or invited to attend?

The Etiquette of "How to get a gallery"
​

This is a summary of the facts you "need to know" before trying to approach a gallery and persuade them you would be an asset if you and your art were to be included in their portfolio.
REFERENCE:  ARE YOU READY FOR AN ART GALLERY?
  • ​​Are You Ready for a Gallery? A Checklist | ArtBiz Blog - a checklist of what you’ll need before you start approaching galleries
THE ARTIST: BODY OF WORK
  • You MUST have developed a coherent body of unique artwork. This might be about one subject or about a topic or a theme. 
  • Style needs to be well developed and consistent
  • Demonstrable skills help
THE ARTIST: AIMS AND CAREER GOALS
You need to
  • be very clear about what your art is about and how you see it developing - because the gallery you want needs to fit with those goals.
  • know why you want an art gallery
  • know why 'this gallery'
  • understand how an art gallery fits into your overall way of operating as an artist - and how it might constrain how you operate at other venues.
RESEARCH THE MARKET
  • Never ever show up at an art gallery before doing some research first
  • First you need to find art galleries which are a good fit for your art
  • Find out everything you can about an art gallery BEFORE you approach them
  • Does the art gallery indicate any plans for changing the way it operates? Many are moving sites / downsizing / increasing online operations
INITIAL APPROACHES
  • know how to speak about your art - being inarticulate does not help you market your art or get a gallery.
  • have your information about you as an artist sorted (see Marketing Art)
  • be sure to take a tablet which includes excellent large images of your artwork 
REFERENCE: HOW TO GET A GALLERY
  • How Does an Artist Get a Gallery, Anyway? Here Are 11 Practical Steps That Could Lead to Bona Fide Representation | ArtNet - Artists, dealers, and other experts talk about what it takes to win the eye of a gallery.
  • 12 Steps To Get Your Artwork Noticed by Galleries - Clint Watson - a former gallery owner - outlines all the different ways gallery owns can ignore your approach to them - and then goes on to list 12 different ways that should help you get a better response.
  • A Gallery Owner's View: What Artists Need to Know | Artsy Shark - ​In Part One of her interview with Artsy Shark, Suzanne Connors of SaxArt  Gallery in North Carolina speaks frankly about challenges that art galleries face and what artists must know to work with galleries for mutual success​

REFERENCE: INITIAL APPROACHES | DOS AND DON'TS
  • ​Approaching Gallery Curators | Artquest - How do curators operate within and outside of the gallery? This article covers some points for artists to bear in mind when building relationships with galleries and the people that work there.
  • How to Approach Art Galleries and Gain Representation | Artwork Archive
  • Approaching a Gallery Dos and Don’ts | Sarah Wiseman (a gallery owner) via Laura Boswell - an honest and clear checklist for artists and makers wanting to approach a gallery 
  • Tips for Approaching UK Galleries & Curators for International Visual Artists - 

An Art Gallery Glossary
​

Art Galleries use words which not every artist is familiar with. 
​
Here are some of them - let me know which are the ones which have confused you in the past.
Gallery Agreements (Artquest) also provides an explanation of the standard terms often used in a gallery's consignment agreement
  • Agency - this sets out how the gallery will act as an agent for you
  • Artist statement - see Artist statement
  • Biography - Biography
  • Confidentiality - the contract may require you to refrain from discussing its terms with anyone else. That means you must take advice on the terms before you sign it.
  • Consignment - ("sale or return") term used to indicate that the art is left with the gallery to sell on behalf of the artist and that the gallery has no ownership of the art. Every consignment note details the artwork left with the gallery for sale. It's important to have this in WRITING should a gallery closedown and your artwork is inside. It's the proof you need to avoid your artwork being liquidated to pay the art gallery's debts. (See
    • ​this old/archived Artquest article Bankrupt Galleries: A Cautionary Tale and
    • the section on Wrongful or Fraudulent Trading - and Insolvency in the Trading Standards page)
  • Duration of agreement - the period that the contract or gallery agreement applies to. This should include a break clause which identifies opportunities for either party to break the contract and/or renegotiate
  • Exclusive - this means you are contracting to sell your artwork only through one dealer/gallery. This is unlikely to be the best option for you. However it's not unusual to strike an exclusive deal for a specific geographical area - you just need to make sure that the dealer/gallery can effectively represent you within this area and that it's not too big.  Check also how you can end your contract before signing it.
  • Gallery artist - an artist which a gallery represents and with whom they have a contract/terms and conditions for that representation. Having artwork exhibited by a gallery does NOT make you a gallery artist whose work is represented without it being on exhibition
  • Licence - this is permission you grant for the dealer/gallery to do a specific thing with your artwork for a defined period in a defined geographical area. The licence you grant should define very precisely what it covers.
  • Original art - this means the work is completely original and there is no scope for any complaint about copyright infringement. You have not copied a photograph or another artwork with or without permission. (Basically the art gallery needs to know it's not going to be involved in a lawsuit)
Consignment agreements are used by artists to document terms of production, insurance, exhibition and sale of their work. They are the professional foundation for any relationship or agreement, for example a gallery, curator or agent.
Artquest
In business and legal terms, consignment does not mean selling work to a gallery, rather entrusting physical possession of work to the gallery as the artist’s agent with a view to sale – or return in sound condition if unsold (usually within a specified timescale).
Consignment: Trust | Artquest
First things first, never send a gallery your work without receiving a consignment agreement. This document protects both you and them. It is standard practice for the gallery to issue this, and if they haven’t by the time your work is about to leave the studio, it’s absolutely ok to ask for one before you hand over the work.
​
A standard agreement sets out the terms for the sale of the work, your payment (should the work sell), how the work will be shipped, how the work will be photographed/documented, and the length of time that the gallery will have exclusive access to sell the work.
  • How to work with galleries and collectors as an emerging artist - A guide by gallerist Patton Hindle
REFERENCE: CONSIGNMENT
  • Consignment: Trust | Artquest - If the gallery business fails and becomes insolvent, its assets are required by law to be liquidated to generate cash to pay business creditors. Do such ‘fire sales’ include selling artists’ works that have been received on consignment?
  • 2019 New York Laws: ACA - Arts and Cultural Affairs Title C - Transactions Involving Artists and Their Works Article 12 - Artist-Art Merchant Relationships 12.01 - Artist-Art Merchant Relationships. Universal Citation: NY Arts & Cult Aff L § 12.01 (2019) - New York lawstates precisely how artwork consigned by the artist to a gallery will be protected.

The Etiquette of working under contract / with an Art Gallery
​

REFERENCE: WORKING WITH A GALLERY
​
Advice from ArtQuest (University of the Arts, London)
  • Artquest / How to... / Show your work / How to get an exhibition / Research - Most galleries and independent curators have a definite style or interest in specific types of artwork they are interested in, and it is a good idea to research this carefully to save time and money and avoid cutting off avenues of future opportunity
Advice from Art Business Consultants
  • Miss Manners: Gallery Etiquette Guide for Artists | Sylvia White - there are certain things artists should NEVER do at openings
Advice from artists: Check Out the Gallery
  • A Plein Air Painter's Blog: Advice for Galleries - Over the years, I've visited lots of galleries, done business with many, and have even run a couple. So, I thought I'd give them some advice

REFERENCE:
  • Galleries in the UK - an index of Galleries in England, Scotland, Wales and Northern Ireland - including Galleries for Hire
  • How to work with galleries and collectors as an emerging artist - A guide by gallerist Patton Hindle with illustrations by Qiong li
"Starving" to Successful ​by J. Jason Horejs
The Fine Artist's Guide to Getting Into Galleries and Selling More Art
This book is about selling art.
It provides pragmatic advice clear actionable steps to help make you more successful in marketing your artwork to galleries.
  • Gain insight into what a gallery owner is thinking as he or she reviews your portfolio.
  • Understand why the most common approaches artists make to galleries are largely ineffective.
Rated an average of 4.7 out of 5 stars by 135 customer reviews
"Starving" to Successful: The Fine Artist's Guide to Getting Into Galleries and Selling More Art from Amazon.com

Selling art in a gallery - what's the deal?
​

GALLERY COMMISSION - and what it means

Commission is charged by all commercial galleries. There's no standard rate as such. You'll find it varies by type of gallery and geography and often there is no rhyme nor reason for the variations.

Commission is intended to recover the gallery overheads associated with having a building, staffing it and putting on exhibitions.

Galleries vary as to what is and is not covered by the commission. If you intend to do business with or via a gallery, you must always check and get in writing precisely what their commission is intended to cover.

Watch out for the gallery commission that is payable if a collector having seen your work in an exhibition then commissions you to produce a piece of art. Introducing artists to art collectors is the business the art gallery is in and many will seek to recover a percentage from you for so doing.
REFERENCE:
​
  • Gallery Commission | ArtQuest - Advice about what commission is and what it means
  • Ask A Gallery Owner: Why do Galleries Get Such High Commissions? - "I won't work with galleries, the commission is too high!" I frequently hear some variation of this statement as I am conversing with artists. You've probably heard fellow artists say something like this as well, or perhaps you've even thought

ART GALLERY CONTRACTS: What the written contracts mean
​

In our experience over the past 25 years of dealing with artlaw issues it is true and fair to say that the vast majority of problems between artists and galleries stem from one or both party’s ignorance, recklessness or carelessness in relation to the basics of commercial dealings. ​
Doing a Deal Part 1 | Artquest/Artlaw
As an artist you NEED TO get to grips with the basics of contracts if you don't want to be taken advantage of - either blatantly or covertly.

Aspects which gallery contracts should deal with include:
  • how long it lasts (start and end dates + renewal and termination clauses;
  • how commission works - structure and percentages
  • what paperwork is required and provided - by both parties
  • how payment works (terms and conditions) - which should comply with current law
  • how art sales are accounted for
  • Transportation procedures;
  • who does what re promotion and marketing of the artists work and gallery exhibitions
  • copyright;
  • Coverage and provisions of insurance policies.​

The next column has 


REFERENCE: Gallery Contracts
  • How gallery owners and artists can preserve their partnership with a contract | Art Business News - addresses the question of whether you really need a written consignment agreement
  • It Takes Two to Tango: The Importance of Artist-Gallery Contracts | Center for Art Law this article examines the intricacies of standard representation and consignment agreements, while also delving into the legal basis for such contracts–namely the Uniform Commercial Code Sect. 9-102 and the New York Arts and Cultural Affairs Law §12.01, Artist and Merchant Relationships.
  • Artist Gallery Contract/ Consignment/ Account | GYST - DISCLAIMER: This sample contract is written as a checklist and guide only. 
  • Art Gallery Contract | Dan Schutlz Fine Art - an artist offers a sample art contract having been ripped off and losing art
  • 7 Important Contracts Every Gallery Should Know | Artsy - offers to provide a guide to download - but it thinks you are a gallery!


​
.REFERENCE: ARTQUEST & ARTLAW

Below are links to pages of advice from ArtQuest / ArtLaw about working with Commercial Galleries. The articles are old but cover all the different aspects of having a contractual and legal relationship to sell your artwork via a gallery.  Artquest is a project about artists dealing with the real world as we;; as the art world - part of which relates to understanding their legal rights. It is funded by Arts Council England’s London regional office.​  
  • Contracts: ‘Put everything into writing’​
    • Common contractual relationships are dealt with, including bills of sale; gallery and agency deals; exhibition agreements and public and private commissions. 
    • Common contractual problems are also dealt with, including: damage to work; tracing lost work;disclaimers from liability; severance of contractual relationships; insurance and valuation; loans and gifts and fakes.
  • Contracts as easy as ABC: A Users Guide - guide to the legal terms in a contract and what they mean
  • Gallery Agreements - essential points for discussion and agreement for those who want to become gallery artists. 
  • Contracts with Galleries - There are five main reasons for leaving work with galleries and five different contracts should be used to clarify each situation for both sides.
  • Doing a Deal Part 1 - most artlaw problems relate to artists dealing with galleries. This article considers some contract basics and why you need to use written contracts
  • Doing a Deal 2: why deals vary as do art galleries and venues for exhibitions
  • Paper Promises 1: covering:
    • rental agreements for art
    • covert selling by an artist
    • artists rights to the guest list and protecting the gallery's commercial interests
  • Paper Promises, part 2 Covering checklists of what needs to be included in:
    • Artist’s Bill of Sale
    • Artist's Contract of Sale
    • Exhibition Contract
    • Artist’s Agency/Gallery Contract
    • Artist's Copyright Licence
  • How can I get my gallery to disclose the names of my buyers? - discussion of data protection and legal principles re whether buyers are gallery contacts, artists guests or just walked into the gallery (now overtaken by GDPR)
  • Commercial Galleries - an introduction to this section on selling your art via galleries
Exhibition Insurance

If exhibiting with a gallery you need to check whether or not their insurance covers your artwork.
  • There's no hard and fast rule on this.
  • It varies from gallery to gallery.
  • The important thing is not to assume that they must be covering your art in the event of theft or a fire etc.

Read more about Insurance for Art and Artists
The Artist-Gallery Partnership: A Practical Guide to Consigning Art
by Tad Crawford

Rated 4.4 out of 5 stars by 17 customer reviews

This is a bible for both artists and art galleries who work on the basis of consignment by artist to art gallery! Updates include the latest developments in state laws and all of the current statutes in the 32 states that have laws regarding consignment sales.

Tad Crawford is renowned for writing books which cover the legal and contractual side of the art business. This book provides a comprehensive coverage of the Standard Consignment Agreement including agency, consignment, warranties, transportation, insurance, pricing, gallery commissions, promotion, return of art, and more. It also includes a ready-to-use contract.
Paperback: 216 pages
Publisher: Allworth Press;
​1 edition (May 13, 2008)
BUY The Artist-Gallery Partnership: A Practical Guide to Consigning Art from Amazon.com

What happens when a gallery closes
​

So where does that leave the middle class, those galleries in Chelsea and on the Lower East Side that have been around long enough to be somewhat established, but still have to sell enough to make rent? Now, they have to deal with a perfect storm of gallery-killing factors: a market cooling from top to bottom, plummeting prices for onetime hit artists who minted money for mid-tier galleries just two years ago, the chokehold of fair booth prices, skyrocketing rents in neighborhoods where buying a building is unthinkable.
  • Mom & Popped: In a Market Contraction, the Middle-Class Gallery is Getting Squeezed | ArtNews (Nov. 2016)
The sad fact is that changes in the past model of retailing is also changing the number of galleries around the world. 
  • Many are closing as more and more art is sold via art fairs and online.
  • Major galleries are becoming bigger and more and more corporate.
  • The middle class gallery is the one that is getting squeezed.

Artists need to be aware of what can happen when a gallery closes - and how little notice they may get (if they get any at all).
REFERENCE
  • Sorry, We’re Closed: Dealers Explain the Grueling Process of Shutting Down an Art Gallery | Artnet News - So you want to close your gallery. What happens next?
  • A Recent History of Small and Mid-Size Galleries Closing [Updated] | ArtNews
  • Mom & Popped: In a Market Contraction, the Middle-Class Gallery is Getting Squeezed | ArtNews

Moving on and moving up
​

Artists move on - up or down the food chain.
  • Galleries need to move them on - because they're not selling.
  • An artist needs to become skilled at wanting to move on - and being moved on.
  • Relationships sour and break down - and then end.
​It happens to everybody from the famous to those starting out on their art careers. 
Even with a consignment deal in place, things can still go wrong. When Yayoi Kusama left Gagosian Gallery in 2012, she asked for all her work to be returned to her within a month. It took nearly a year, according to a source close to the artist, because the gallery was trying to recoup its costs by selling as much of its [ Kusama ] stock as possible.
The Art Newspaper

​How to change / end a gallery relationship

There are good ways - and bad ways - of bringing the relationship between gallery and artist to an end
​
  • Who gets what when artists and galleries split up? | The Art Newspaper - When artists such as Yayoi Kusama and Marc Quinn sever ties with their galleries, it raises questions about assets, shows and production costs 
  • The End of an Artist-Gallery Relationship, from Both Sides - Gallerist Edward Winkelman writes about what happens when it's time to call it a day.
  • Dear Gallery: It Was Fun, but I’m Moving Up | New York Times (ART)
    An overheated art market sets all kinds of things in motion. Big galleries with money to burn and multiple spaces to fill start circling smaller galleries, eyeing their most successful artists like the underdeveloped properties they sometimes are.
Dealing with rejection 

What should you do when an art gallery doesn't want to work with you any longer? Some suggestions below.

  • Joanne Mattera Art Blog: Marketing Mondays: Rejection. Get Over It
    Rejection might seem like a downer of a way to start the Marketing Monday series, but the hope-dashing, nerve-breaking, thanks-but-no-thanks wall that stands between an artist and success is a looming constant.
  • Overcoming the Fear of Rejection: A Guide for Artists
    Rejection hurts. And it tends to stick with us for a long time - which is why some artists are a little fearful when it comes to showing their art. 
  • The Truth About Why Nobody Came to Your Art Show​ | ArtBiz Blog - The reason they didn’t come is because you assumed too much.

Advice from Art Advisers - about Galleries
​

Dr. Magnus Resch is a 31-year-old German who teaches Art Management and is a serial internet entrepreneur / art adviser / art market economist. In 2014-15, he rocked the art world with his statistical analysis of the facts behind the market for art and how well art galleries actually manage in the art market.  He also co-founded Larry's List (about art collectors - the name is a pun on Larry Gagosian) with the curator and author Christoph Noe

​The following are articles commenting on the book and/or his ideas and some are written by him.
  • Beyond the Numbers: Advice From the Art World’s Most Controversial Economist | Artsy (a guest post by Resch)
  • Will Market Aversion Snuff Out German Galleries? | ArtNet - this focuses on his initial analysis of the German art market and their art galleries
  • New Report Builds a Profile of the Elusive Art Collector | The New York Times
  • Why do so many galleries lose money | Bloomberg​
  • The great debate: why galleries could take even more money from their artists | The Art Newspaper

ArtBusiness.com has lots of useful articles for artists. This is a set of his articles which specifically relate to approaching art galleries, getting an art gallery to worm with and the ongoing relationship with galleries
  • Making Contact with Galleries - How to Do it Right - Outlines the mistakes artists make when contacting galleries and how to do better
  • Why Sending Bulk Emails to Galleries is a Bad Idea - 
  • How to Find the Right Gallery for Your Art
  • Common Misconceptions Artists Have About Galleries
  • Common Misconceptions Collectors Have About Galleries, Part II
  • Common Misconceptions Collectors Have About Galleries
  • How Predatory Commercial Galleries Sell Art
  • How Predatory Commercial Galleries Sell Art, Part II
  • How Predatory Commercial Art Galleries Sell Art, Part III
  • How to Get a First Show at an Art Gallery - Find out what's actually involved in being taken on by an art gallery and being offered a show
  • Artist/Gallery/Dealer Contracts, Agreements, Relationships
  • How to Introduce Galleries, Collectors, Others to Your Art
I see my relationships with artists as similar concentric circles. Gallery artists are core artists, those at the centre of the circle. We work together and communicate constantly, and I am at their service. Then there are others with whom I have a relationship, but do not represent. Some I show regularly. Then there are others that I might work with just once, or infrequently.
Zavier Ellis, a gallerist, commenting on the levels of working with artists
ArtQuest has some useful articles about working with galleries
  • approaching galleries and finding opportunities | Artquest - a checklist of what to do and not do when approaching galleries
  • how commercial galleries find artists | Artquest - a director of Charlie Smith provides a briefing
  • how regional galleries find artists | Artquest - insights into how regional galleries find and share artists
  • Researching galleries | Artquest - why it pays to find out first what sort of art galleries are interested in
  • Approaching gallery curators | Artquest - how gallery curators operate and how to build relationships with them
Alyson J Stanfield of ArtBizBlog has advice about galleries and representatives for artists
  • Why Artists Should Embrace Galleries
  • Why Artists Should Avoid Gallery Representation
  • What Artists Should Expect From Galleries At Openings
  • What Galleries Should Expect From Artists At Openings

Commentary on Art Gallery behaviour by the Art Press
​

Art Net has some useful articles about relationships between artists and their galleries and dealers
  • How to Keep Your Artists Happy: A User's Guide for Dealers - 8 recommendations for fulfilling artist expectations and avoiding them 'jumping ship' (e.g. pay them on time)
  • 5 Disruptive Trends Art Galleries Need to Understand If They Want to Survive
The Art Newspaper occasionally has articles which provide insight into how the art gallery world works
  • Almost one third of solo shows in US museums go to artists represented by just five galleries - Julia Halperin identified that 30% of prominent solo shows in art museums featured artists represented by Gagosian Gallery, Pace, Marian Goodman Gallery, David Zwirner and Hauser & Wirth

CASE STUDY: The Gallery Owner / Art Dealer Perspective
​

This is a salutary tale of
  • how the art market has worked over the last decade or so; and
  • how an intelligent art dealer, became a gallery owner and then closed the gallery and went back to dealing - and can write intelligently about art.​
WHY "getting a gallery" might not be the solution to you marketing your art.

I first came across Edward Winkelman via his blog (which he no longer writes). He was providing some excellent advice for those artists who wanted to get a gallery - about how to approach a gallery (see links below).

He opened (and closed) a gallery and now lists himself as the cofounder of the Moving Image art fair and has participated in art fairs such as ARCO, Art Chicago, Independent, PULSE, The Armory Show, and NADA.
edward_ winkleman art | politics | gossip | tough love

I highly recommend reading Ed Winkelman's blog if you want to get your artwork shown in a serious art gallery (those are the ones that don't have gift shop or frame shop on the side). Bear in mind it stops in 2016....


Below is a list of the blog posts written by the American gallerist and art blogger Edward Winkleman for artists who seek a relationship with an art gallery. (now via the Wayback Machine - as his blog not longer exists) 

​Most of what he writes has universal applicability.
  1. Selling solo vs. working with a gallery
  2. Tailoring your resume for an art dealer
  3. Studio visit strategies
  4. Getting your foot in the door
  5. Mistakes to avoid in finding the gallery right for you (the one-size-fits-all myth)
  6. My very best advice for approaching a gallery
  7. The logic behind the 50/50 split
  8. Communicating with your dealer
  9. Dealing with over-protective dealers
  10. Notes on ending a gallery-artist relationship​
The only caveat is he works in New York and not everything will be applicable to non-metropolitan situations in countries across the world.
Then he opened an art gallery and converted his blog into a book for all those wanting to go down the gallery route
​
Then he closed his gallery in 2014 - and went back to doing what he was doing originally. Selling contemporary art as an art dealer.  In 2017 he published his new book.
How to start and run a Commercial Art Gallery 
​by Edward Winkelman (2nd edition 2018)
Picture
Rated an average of 4.4 out of 5 stars by 44 customer reviews

The blog became a book! Originally published in 2009, this book is essentially written for people wanting to become gallery owners. However, it's also very helpful for artists who want to research and understand:
  • what a contemporary commercial art gallery does
  • how it functions
  • how to approach them

BUY THIS BOOK
How to Start and Run a Commercial Art Gallery (Second Edition) from Amazon.com
How to Start and Run a Commercial Art Gallery (Second Edition) from Amazon UK
Paperback: 256 pages | Publisher: Allworth Press;
1st Edition: Publication date: July 14, 2009
2nd Edition: Publication date: ​13 Nov. 2018
NEW! Selling Contemporary Art: How to Navigate the Evolving Market
by Edward Winkleman (published 2017)
Picture
Rated an average of 4.6 out of 5 stars by 6 customer reviews

This is a book about selling art from the art dealer's perspective and is a must read for those wanting to understand the contemporary art market. It examines how the art market changed betweeen 2008 and 2015. Sections cover:
  • The rise of the art fair
  • The rise of the mega gallery
  • New online competition
  • Models of post–brick-and-mortar art dealing
  • Art dealers as art fair organizers
  • Collaboration in a new era

BUY THIS BOOK (Hardcover / Paperback / Kindle)
Selling Contemporary Art: How to Navigate the Evolving Market from Amazon.com
Selling Contemporary Art: How to Navigate the Evolving Market from Amazon UK
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