The success in using contracts will depend greatly on Two things:
1) having them in place
and
2) the ability to enforce them.
We’ve compiled a list of tools and resources to help artists ask for contracts and to ensure their agreements will not been broken.
Ask for a Contract
Talking Points for Artists
A primary reason that artists do not use contracts is that they are uncomfortable asking for them, and fear losing opportunities, relationships and sales if they ask to have agreements in writing. We have prepared a list of talking points for artists when discussing using the FARE contract with their galleries, dealers and collectors.
Enforce Your Contract
Next to asking for a contract, knowing how to enforce a contract is the most common barrier for artists to using them. Below are some steps you can take to help enforce your contracts.
Use a blockchain registry to record the sale of the work, the identity of the Collector, and the Contract. This will create a secure record of ownership to reference in the case of any disputes.
Make it know that your work is subject to the FARE Contract on your website and any other appropriate registries.
If you believe your contract has been broken, begin by contacting the owner and requesting that they adhere to the terms of the agreement.If they do not respond, consider elevating your request through one of the actions below.
Consult a lawyer. Find your local Volunteer Lawyers for the Arts.
Consider a public call-out; use social media and the internet to draw attention to bad actors.
Disclaim authorship of the work.
+ How do I use Blockchain?
There are new companies popping up every year to provide tools to store artwork records on the blockchain. If you are unfamiliar with the blockchain, simply put - it is like the internet's safe deposit box.
You can generate Certificates of Authenticity for your work and document when it transfers to a new owner through companies such as:
+ What does it mean to "Disclaim Authorship?"
You can include a clause in your contract that says if the terms of the agreement are not maintained, you have the right to say that the work was not made by you. This will diminish its value.
Help!
If you are overwhelmed, or contracts make you uncomfortable, don’t fret! We’ve made a simple guide that will take you through the FARE Contract step by step, and answer some FAQ’s.
Bibliography
A list of articles, press, and reading material for the curious minds who want to dig deeper.
FARE Toolkit
Download a PDF Toolkit on how to use the FARE Contract and change the Art World.