Since my artistic expression and livelihood has been in the visual realm as an oil painter and sculptor, I will speak of experiences
and observations concerning artists and galleries.The Writers Guild of Canada, and the Writers Guild of Great Britain support the on going “writers strike” by the Writers Guild of America. Hooray for them! I can only envy wishing that visual artists would get off the “starving artists” syndrome and began to truly value their own Intellectual Property and stop being jerked around by some galleries. Oh the dream of a Union where artists stick together refusing to accommodate less than accommodating galleries.
Recently I received a “woe is me” e-mail relating an all-too-familiar story; a gallery owner left town without paying artists for sold work. As the word got around, the ensconced artists began flocking and fluttering around the locked gallery door similar to poor pitiful birds whose egg-laden nest had been destroyed. Some artwork was gone, the rest hanging inside out of reach and no hope of retrieving it. No monies for payment left behind. Piteously an artist called the police. Obviously nothing they could do. The gallery owner was rumored to have moved several states away. Most artists cannot afford to acquire the services of an out of state attorney must less pay for one in their own state. I might add we are located in a Western state. By the way, the gallery building rent was several months overdue. Most artists don’t seem to know or want to face the facts that the rental debts to the landlords and other debts are paid first. The bankruptcy courts regard art consignments as part of the gallery’s inventory. The artist is left on the bottom of the payout list. Believe me all monies will be used up before it ever reaches
the artist…the tax representative is also there with claims. Unfortunately I speak from experience.
Numbers of artists have had artwork to just “disappear” from gallery walls or sculptures “walk out” the door with no compensation to the artists. Suppose the owner dies? What happens then artists? How does your work survive a fire?
Many artists have not a clue as to the fact they are in a real business for themselves. It means getting square with the State Tax office from the get go! Getting a business CRS number in this state allows one to collect taxes and pay taxes. Then the next “biggie” most all ignore is the Non-Transferable Taxation Certificate. The individual gallery is supposed to give each consignment artist a copy of the gallery’s business NTTC so that the artist does not have to choke up the sales tax (7% to 8%) on sold paintings just in case the gallery absconds or doesn’t pay the sales taxes they have or have not collected. The artists in general don’t seem to get it…they are responsible…the state is going to get “claimed taxes” from one hide or another. Once in a while a state tax inspector lands on a gallery bringing tax records and compares what has been paid against the gallery’s
books. It can get ugly.
This gallery racket has been going on for a long time. People with some money deciding to start a business, hey why not an art gallery business? All I need is a few months rent and let the artists bring their work. You know, built it and they will come! I will not need a contract only a verbal and casual paper of consignment. All those artists are so anxious to “show” their work they will do anything…rend their clothes…beg and do anything I ask…to get hung! I have a few slight of hand ideas to put more money in my pocket. I can always call an artist and say, “Look so-and-so I have a collector, speaking in a low, rather urgent voice tone, she loves your painting and she wants another artist’s painting but she wants 10% off…all the
galleries are giving 10% off on the purchase of two paintings! Otherwise she will walk and we’ll miss a sale!” And the artist feeling pushed into a corner will relent.
But in reality the collector was only interested in my work. But one day as happen to me, I ran into the lady who bought that particular painting…at a café she overheard my name and came over introducing herself. As we chatted and she was telling me how much she loved the painting, I asked her which other painting she had purchased…she looked surprised and said “none.” I tactfully asked about the 10% discount…jokingly stating we have to watch those scoundrels in the gallery. She did not receive a 10% discount it was not even discussed. So the owner pocketed an extra 10%. Most artists will never know the truth. About six weeks later there was a fire at that gallery…but whoops the gallery owner didn’t tell the artists that he had cancelled his
insurance for all work except his own artifacts and collections for re-sale.
Lots of artists regard one another as severe competition if not on the verge of being an enemy. For instance, an artist upon hearing of an artist’s work newly hung in a gallery will go to that gallery. Casually stroll in browse around and then speak to the gallery clerk or owner…it goes something like this, “Oh I see you are showing “so and so’s” work. I suppose that artist has to quit selling out of her/his studio.” No more need be said. That is the death toll for the gallery and artist’s budding relationship. If the owner questions, all the better, it is the beginnings of nervous mistrust for the new hanging artist. The artist’s exit may go like this, “Oh I’m so sorry I’ve spoken out of turn.” Then takes leave knowing full well the damage has been done. Next time the hanging artist goes into the gallery his/her paintings are stacked and told the gallery has decided their work won’t sell for them. Or the artist gets a phone call “come get your work” the artist is bewildered and confused and innocent of the inferred crime.
This is the saga of one artist trying to eradicate the imagined competition of another local artist. Admittedly, this is a very small community compared to New York City. I believe a Visual Artists Union would encourage artists to have more respect for one another and work for the good of all artists…what do you think? A few years ago some galleries endorsed a locally published article revealing the reluctance of hanging local artists because they suspected secret selling from studios…they didn’t trust local artists.
I was just reading about the better galleries in NYC; the owners and agents are considered dealers. The preferred way into a good gallery is that an artist acquaintance recommends another artist. To be invited in to review work is the professional way. Here poor artists traipse up and down the two main gallery areas carrying wares like carpetbaggers of past…reducing themselves to beggars thereby submitting themselves to unfair percentages and consignment agreements. Not realizing placing their art under those circumstances is comparable to bringing grandma’s old hoe and hat to a consignment junk store…anything can happen!
Since art is a big part of the tourist economy in this town, I submit that a reduced price rate for advertisement in the Reporter (for example) be offered to artists for two weeks the end of January or the first two weeks of February. Each artist would be limited to two art piece photos. It would be for artists looking for professional representation. The interested galleries could then contact the artists they are interested in and have a real sit to and discuss real representation, contracts, consignments, percentages and publicity. How is the gallery going to represent and sell the work? Or are they going to hire a cheap wage gallery sitting person just to keep the doors open…something like fishing in a cold wind? We need more
professionalism in the galleries just as we do with artists themselves. The artists need to grow up and quit behaving like “mommy” is hanging a 1st grade scribble on the refrigerator… thrilled beyond common sense.
Most artists without question just accept the 50% take of sales the galleries impose upon them. I encourage artists to research the origin of galleries taking ½ of your work. Check out the history of SOHO galleries investment contracts with artists included a studio, a materials allowance and enough cash to get by on, that justified the 50/50 split. Take time to look up the Peter Halley decision. (Credit; Do Artists Need a Union? Google search). Nevertheless, galleries are not willing to come down off the 50/50 split and then have the “marbles” to ask the artists for several hundreds or thousands for “publicity.”
And while we’re at it…for heaven’s sake…wake up artists! What about some kind of royalty rights?
Maybe artists’ union could lobby for legislation that would give artists a percentage of the purchase price every time their work is sold at public auction or through a public gallery. The auction houses get 20+ percent commission from the buyer, plus another commission from the seller. Don’t tell me there isn’t room for a percentage to the artist and her/his heirs. In every other creative field, when someone makes money selling your original creation; novel, song, cartoon, movie, etc, you get a royalty. But not visual artists. I am asking aloud why not? If you are creating your own work it is intellectual property! (Credit: Lisa Hunter).
Please look into CARFAC originated in France. It is available in Canada. (Credit; grovecanada, blog)
Creativity is necessary for a full human existence. Art is necessary…it does have value to the spirit of mankind. It lifts us up, makes up laugh, makes us appreciative of beauty and brings us to soar in imagination…God knows it helps humanity not to turn completely barbaric. When art does imitate the horrific, perhaps it will encourage us to be the opposite and become a more balanced people. Look at countries who don’t appreciate art; will not allow paintings and destroys all artifacts even in other countries…do you want to live there?
Yours truly, Val Jean
Tags: Art Galleries by Val
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