selling your work you might like to keep in mind
some of the points raised in this draft sales contract.
This is no substitute for a good lawyer, but it will give you
of some of the pitfalls which are lurking out there.
Artist has created a certain Work of Art (the Work):
the parties want the Artist to have certain rights in the future economics
and integrity of the Work, the parties mutually agree as follows:
Sale: Artist hereby sells the Work to Purchaser at the agreed
Reproduction rights: Artist retains all copyrights and reproduction
Retransfer: If Purchaser (or representative of his/her estate)
in any way whatsoever sells, gives, or trades the Work, or if it is
inherited from Purchaser, or if a third party pays compensation for
its destruction, Purchaser (or representative of his/her estate) must
notify the Artist of all conditions of said action(s) and provide the
Artist with complete information relating to the new owner, if applicable.
Non-Destruction: Purchaser will not permit any intentional destruction,
damage or modification of the Work.
Restoration: If the Work is damaged, Purchaser will consult Artist
before any restoration and must give Artist first opportunity to restore
it, if practicable.
Upon request Artist will furnish Purchaser and his successors a written
history and provenance of the Work, based on Artist's best information.
Notice of Exhibition: Before committing the Work to a show, Purchaser
must give Artist notice of intent to do so, telling Artist all the details
of the show that Purchaser then knows.
Artist's Exhibition: Artist may show the Work for up to 60 days
once every 5 years at a non-profit institution at no expense to Purchaser,
upon written notice no later than 120 days before opening and upon satisfactory
proof of insurance and prepaid transportation.
Notice: A Notice must be permanently affixed to the Work, warning
that ownership is subject to this contract.
Transferees Bound: If anyone becomes the owner of the Work, that
person shall be bound to all its terms as if he had signed this contract.
Expiration: This contract binds the parties, their heirs and all
their successors in interest, and all Purchaser's obligations are attached
to the Work and go with ownership of the Work, all the life of the Artist
and Artist's surviving spouse.
Attorney's Fees: In any proceeding to enforce any part of this
contract, the aggrieved is entitled to
reasonable attorney's fees in addition to any available remedy.