tartarus
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February 2013
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Article for artists on how to spot sketchy galleries. , by tartarus on Apr 2, 2017 10:33:19 GMT 1, www.artbusiness.com/bad_art_dealers_galleries.html?no_redirect=true
Its a bit long but well worth a read. Theres a follow up piece at the bottom of the original web page.
I've written a ton of articles over the years about protocol for artists-- what to do, how to do it, how to approach this situation or that, how to price your art, how to write or speak about your art or present it to potential buyers, how to make sales, how to approach galleries, how to get shows, and on and on and on. Why? Because being an artist these days is a mite more complicated than holing up in the studio and tapping into whatever happens to inspire you at any given moment. The studio is your sacred space and whatever happens there is yours and yours alone, but the instant you're ready step out into the art world, knowing what to expect can save you all kinds of pain and heartache.
Now the large majority of my writing takes a decidedly pro-gallery and pro-dealer approach because, frankly speaking, galleries play a critical role with respect to any artist who expects to ascend to anywhere in today's art world. But you know something? In the art gallery and art dealer realm just like in any other profession on the planet, there are exemplars and there are assholes-- not a lot of assholes mind you, but enough to make life difficult for any artist who happens to get mixed up with one. To complicate matters, the overwhelming majority of artists will do just about anything to get their art into galleries, and devious dealers being well aware of this know exactly what to do in order to take advantage... and how far they can go.
The weird part is they don't seem to realize that the more artists they cheat, the more they get shunned and that without artists and art they can't continue to exist. Or maybe they do but they just don't care, or they see the supply chain of victims as unlimited and believe they can perpetrate whatever abominations they please for as long as they feel like it. Regardless of what their twisted rationales may be, they're sterling silver jerks and artists would do well to not to get involved. So in the interest of all artists everywhere who are under the mistaken impression that galleries can do no wrong and that if someone offers you an opportunity to show your art you automatically accept, I'm here to tell you they can do wrong... and they do... and it's bad. The following is a quick tutorial on how to spot and avoid that bane of banes-- art dealers from Hell.
Perhaps the number one tipoff you've encountered a malignant practitioner is when you begin to get the feeling they're important and you're not-- like for instance they're doing you a huge favor just by giving you an audience. Or they blather on and on about how much money they have or how prominent they are, how great their galleries are, who they know, what boards they sit on, how many big deals they're working on and so on and so forth barf infinitum. Pomposity like this is an instant giveaway. When the order of the day is for you to defer to them like royalty while they don't even have the courtesy to treat you professionally or with respect, you're in trouble. When you have to grovel just to get them to look in your direction, when they decide if or when they'll respond to even your slightest request, when it's all about them, then it's time for you to evacuate the premises-- and fast. These are not people you want to do business with.
Another indication that caution may be in order is when a gallery you've never done any business with makes monster promises right off the top like enticing you with prospects of a fantastic solo show, exposure at art fairs, insider access, impressive selling prices, and of course, sales, sales, and more sales-- in spite of the fact that they don't even know you, you don't know them, and they have absolutely zero experience representing your art. One explanation for these alluring propositions is that galleries are in heavy competition with each other, particularly in major art centers, and if you happen to be regarded as an artist with the potential to make a gallery look good (like one with a hefty online following or the ability to generate sales), then consider yourself a prime target for all kinds of offers-- good as well as bad. Regardless of their motivations, be aware that less scrupulous dealers will have no qualms about doing whatever they have to do to sign you on-- whether they have any inkling about being able to follow through on their promises or not.
Artists are particularly vulnerable to grandiose overtures when they come from trendy new galleries, fresh on the scene and attracting lots of attention. Though these venues may be the artland darlings du jour, they're often undercapitalized, inexperienced, have tenuous (if any) collector bases, and have no idea what it takes to survive the long haul. In the real world, great galleries and great artist/gallery relationships evolve slowly over time-- never overnight. Get all googly-eyed and place your fate in the hands of some big talking pie-in-the-sky pontificator if you want, but don't be naive about potential outcomes, and be aware in advance that the chances of their promises fully materializing may not be anywhere near as for-sure as they sound.
In other words, don't get caught up in the hype. If you're one of those artists who's fortunate enough to be receiving offers, sometimes it's better to go with an experienced gallery, an established track record, and a long-term game plan than it is to go with delusions of grandeur, mirages of prosperity, or the flavor of the day. FYI, it's not all that unusual for these fashion-plate newbies to be huge one month and extinct the next. In this business, staying power beats chic approximately 100 percent of the time, so be careful about gambling on glamour or the heat of the moment.
Now let's say you interview with a gallery you've just recently met or been introduced to, hear all the right stuff, the prognosis seems sweet, and you're ready to sign on. Here's where an art dealer from Hell can get oppressive really fast, particularly with respect to what might be required of you in terms of art and obligations. For example, if showing with the gallery involves you having to sign agreements making them your sole and exclusive agents or representatives over large geographical areas, like either statewide, nationally or internationally-- or over extended periods of time, say longer than a year or so-- even though they have absolutely no experience selling your art and your business relationship is entirely untested, you better get wary fast.
A surefire deal squelcher would be if you're asked to either terminate all of your existing relationships with other galleries or to pay the new gallery a percentage of any works of art either you or your other galleries sell no matter how longstanding those relationships (it happens; believe it). These levels of control should never be tolerated, no matter how badly you want to get involved with any new gallery. Being forced to restrict or even sever established working relationships before having any idea whether the new gallery can successfully sell your art is tantamount to artistic suicide. If things don't work out the way you hope they will, not only will you have burned all your bridges, but even worse, you may also end up having to go legal or buy your way out of suffocating contractual obligations.
Speaking of excessive controls, do your best to avoid galleries that are secretive or refuse to talk about how they expect to represent or sell your art or pay you when they sell it, and instead insist on totally dictating and dominating the relationship. If you've already signed on, warning signs include pretending not to know or refusing to tell you who buys your art, not telling you in a timely manner when your art gets sold, being vague about when you'll get paid, preventing you from meeting your collectors, or otherwise deliberately keeping you out of the loop. Some dealers actually treat their artists like children, like they don't understand, and attempt to subjugate and convince them that the dealer always knows best. These situations are pure poison, and the instant things start moving in this direction, get to work on your exit strategy.
Returning to contracts or agreements for one brief moment, and without going into tedious or legal detail (because I'm not an attorney and that's a whole separate article), here's the deal-- you absolutely positively need some kind of formal agreement, a piece of paper you can hold in your hand. It's that simple and no more complicated. No matter how charming, well healed, delightful, persuasive, reassuring or important a gallery owner appears to be, a casual handshake is never enough unless, of course, you're OK with risking whatever art you have on consignment as well as any prospects of getting paid any outstanding balance on sales if for any reason the relationship goes bad. In fact, a dealer's reluctance or refusal to draw up a contract is almost always a warning sign of a fair weather flake and of sad times to come.
As far as getting documentation from a gallery on what's been consigned, it's just like the contract. Either you get it in writing signed by both parties or your walk. Beware when a dealer inexplicably gets casual or tells you not to worry and that everything's going to be OK. Careless, airhead or nonexistent record keeping ends up ugly approximately 100 percent of the time, and is a great way for a devious dealer to victimize an artist. Rest assured that if a gallery plays loose or has a laid back approach to the way they do business that sooner or later you'll be maimed by mind lapses about how much of your art they have on consignment, what they've sold, whether you've been paid, how much they owe you and so on. Especially watch out when a gallery is selectively clueless-- like they're extremely on top of their overall business, but when you ask for any sort of accounting about your art, they come down with instant amnesia.
Regarding selling prices, lethal dealers often seduce artists into coming onboard by promising to bump their selling prices on up into the ozone (with no experience selling it of course, and no idea whether they actually can). While all this tall talk seems great in theory, it's dangerously shortsighted, greedy, mainly in the dealer's interests and rarely in those of the artist, particularly over time. An artist's prices have to rise in a deliberate and orderly manner, commensurate with that artist's accomplishments; no dealer can arbitrarily inflate an artist's prices before their time, and especially before career accomplishments warrant it. Artists whose prices rise too high too fast and too often frequently end up outstripping their collectors' appetites for risk and pricing themselves right out of the game. And if an artist whose prices are constantly at the absolute top of the market happens to stumble or have a soft show, the fallout can be significant. At worst, sales can fall off a cliff and the resulting collapse will be almost like having to start over. If this happens, most galleries will be reluctant to show you because your prices have gotten way ahead of what they can sell your art for. Remember-- big price promises often come with big potential downsides so watch out when someone claims they can make you rich and famous for no rational reason.
OK. Time to broach the bottom line-- getting paid when a gallery sells your art. Hopefully, you and your gallery have agreed on when and how payment is to be made and you both have it in writing. If you don't, then kindly accept my condolences. The art business is tough and getting paid can be challenging. Worse yet, getting paid by duplicitous dealers who could care less about you and more about their own personal financial obligations can really be challenging. Since this article all about them, let's talk warning signs so you can diagnose a bad situation before it's too late, hopefully recoup as much of your art and money possible, and then get out.
Dealers commonly stop paying artists because their galleries run into financial problems. Reputable ones will approach their artists, tell them what's happening and try to work through difficult situations; less reputable ones have no qualms about taking whatever they can get before the ship sinks. So a really good idea is to regularly speak with other artists they represent. So many artists don't and end up paying big time for it. Equally important is to monitor your gallery's financial health, and a great way to do that is to keep tabs on the consistency of their expenditures. If they start cutting back, this could mean they're running low on funds, and if that's the case, consider yourself on notice that getting paid for your art or even getting consigned art returned to you have the potential to become increasingly difficult. For example, let's say a gallery agrees to give you a show and they're totally supportive of your work, but when show time rolls around, they balk at doing what's necessary to present it at its best-- like suddenly they won't even pay for the hardware to hang it. When a dealer's agenda appears to be changing from making money to just staying afloat, the time has come for the two of you to either talk it out or if for some reason that's not an option and the dealer refuses, to start planning your escape route.
Whether a dealer is having financial difficulties or not, continual excuses about why they can't pay you also fall into the seriously bad omen category, especially when the tall tales have nothing to do with your art. Like maybe their "investments" are tied up, or they promise you'll get yours as soon as the second mortgage is finalized or the Mercedes sells or the lawsuit settles. "Not right now but soon... the deal's almost closed." Some even add insult to injury by framing their delay tactics like they have all this big buck stuff going on-- all way bigger than you-- and that when the cash comes through, you'll get your little pittance.
This stuff sure isn't pretty, but it's pretty necessary for you to be aware of from a prevention perspective-- spotting the warning signs and knowing when to get out before it's too late, or better yet, knowing when not to get involved in the first place. The sad news is that this is only the first of a two-part diatribe. Read Part II here: Art Dealers From Hell, Part II - The Bullet Points.
***
Thanks to Wendy E. Cooper, Mat Gleason, Barry Gross and Alex Novak for their generous assistance with this article.
www.artbusiness.com/bad_art_dealers_galleries.html?no_redirect=trueIts a bit long but well worth a read. Theres a follow up piece at the bottom of the original web page. I've written a ton of articles over the years about protocol for artists-- what to do, how to do it, how to approach this situation or that, how to price your art, how to write or speak about your art or present it to potential buyers, how to make sales, how to approach galleries, how to get shows, and on and on and on. Why? Because being an artist these days is a mite more complicated than holing up in the studio and tapping into whatever happens to inspire you at any given moment. The studio is your sacred space and whatever happens there is yours and yours alone, but the instant you're ready step out into the art world, knowing what to expect can save you all kinds of pain and heartache. Now the large majority of my writing takes a decidedly pro-gallery and pro-dealer approach because, frankly speaking, galleries play a critical role with respect to any artist who expects to ascend to anywhere in today's art world. But you know something? In the art gallery and art dealer realm just like in any other profession on the planet, there are exemplars and there are assholes-- not a lot of assholes mind you, but enough to make life difficult for any artist who happens to get mixed up with one. To complicate matters, the overwhelming majority of artists will do just about anything to get their art into galleries, and devious dealers being well aware of this know exactly what to do in order to take advantage... and how far they can go. The weird part is they don't seem to realize that the more artists they cheat, the more they get shunned and that without artists and art they can't continue to exist. Or maybe they do but they just don't care, or they see the supply chain of victims as unlimited and believe they can perpetrate whatever abominations they please for as long as they feel like it. Regardless of what their twisted rationales may be, they're sterling silver jerks and artists would do well to not to get involved. So in the interest of all artists everywhere who are under the mistaken impression that galleries can do no wrong and that if someone offers you an opportunity to show your art you automatically accept, I'm here to tell you they can do wrong... and they do... and it's bad. The following is a quick tutorial on how to spot and avoid that bane of banes-- art dealers from Hell. Perhaps the number one tipoff you've encountered a malignant practitioner is when you begin to get the feeling they're important and you're not-- like for instance they're doing you a huge favor just by giving you an audience. Or they blather on and on about how much money they have or how prominent they are, how great their galleries are, who they know, what boards they sit on, how many big deals they're working on and so on and so forth barf infinitum. Pomposity like this is an instant giveaway. When the order of the day is for you to defer to them like royalty while they don't even have the courtesy to treat you professionally or with respect, you're in trouble. When you have to grovel just to get them to look in your direction, when they decide if or when they'll respond to even your slightest request, when it's all about them, then it's time for you to evacuate the premises-- and fast. These are not people you want to do business with. Another indication that caution may be in order is when a gallery you've never done any business with makes monster promises right off the top like enticing you with prospects of a fantastic solo show, exposure at art fairs, insider access, impressive selling prices, and of course, sales, sales, and more sales-- in spite of the fact that they don't even know you, you don't know them, and they have absolutely zero experience representing your art. One explanation for these alluring propositions is that galleries are in heavy competition with each other, particularly in major art centers, and if you happen to be regarded as an artist with the potential to make a gallery look good (like one with a hefty online following or the ability to generate sales), then consider yourself a prime target for all kinds of offers-- good as well as bad. Regardless of their motivations, be aware that less scrupulous dealers will have no qualms about doing whatever they have to do to sign you on-- whether they have any inkling about being able to follow through on their promises or not. Artists are particularly vulnerable to grandiose overtures when they come from trendy new galleries, fresh on the scene and attracting lots of attention. Though these venues may be the artland darlings du jour, they're often undercapitalized, inexperienced, have tenuous (if any) collector bases, and have no idea what it takes to survive the long haul. In the real world, great galleries and great artist/gallery relationships evolve slowly over time-- never overnight. Get all googly-eyed and place your fate in the hands of some big talking pie-in-the-sky pontificator if you want, but don't be naive about potential outcomes, and be aware in advance that the chances of their promises fully materializing may not be anywhere near as for-sure as they sound. In other words, don't get caught up in the hype. If you're one of those artists who's fortunate enough to be receiving offers, sometimes it's better to go with an experienced gallery, an established track record, and a long-term game plan than it is to go with delusions of grandeur, mirages of prosperity, or the flavor of the day. FYI, it's not all that unusual for these fashion-plate newbies to be huge one month and extinct the next. In this business, staying power beats chic approximately 100 percent of the time, so be careful about gambling on glamour or the heat of the moment. Now let's say you interview with a gallery you've just recently met or been introduced to, hear all the right stuff, the prognosis seems sweet, and you're ready to sign on. Here's where an art dealer from Hell can get oppressive really fast, particularly with respect to what might be required of you in terms of art and obligations. For example, if showing with the gallery involves you having to sign agreements making them your sole and exclusive agents or representatives over large geographical areas, like either statewide, nationally or internationally-- or over extended periods of time, say longer than a year or so-- even though they have absolutely no experience selling your art and your business relationship is entirely untested, you better get wary fast. A surefire deal squelcher would be if you're asked to either terminate all of your existing relationships with other galleries or to pay the new gallery a percentage of any works of art either you or your other galleries sell no matter how longstanding those relationships (it happens; believe it). These levels of control should never be tolerated, no matter how badly you want to get involved with any new gallery. Being forced to restrict or even sever established working relationships before having any idea whether the new gallery can successfully sell your art is tantamount to artistic suicide. If things don't work out the way you hope they will, not only will you have burned all your bridges, but even worse, you may also end up having to go legal or buy your way out of suffocating contractual obligations. Speaking of excessive controls, do your best to avoid galleries that are secretive or refuse to talk about how they expect to represent or sell your art or pay you when they sell it, and instead insist on totally dictating and dominating the relationship. If you've already signed on, warning signs include pretending not to know or refusing to tell you who buys your art, not telling you in a timely manner when your art gets sold, being vague about when you'll get paid, preventing you from meeting your collectors, or otherwise deliberately keeping you out of the loop. Some dealers actually treat their artists like children, like they don't understand, and attempt to subjugate and convince them that the dealer always knows best. These situations are pure poison, and the instant things start moving in this direction, get to work on your exit strategy. Returning to contracts or agreements for one brief moment, and without going into tedious or legal detail (because I'm not an attorney and that's a whole separate article), here's the deal-- you absolutely positively need some kind of formal agreement, a piece of paper you can hold in your hand. It's that simple and no more complicated. No matter how charming, well healed, delightful, persuasive, reassuring or important a gallery owner appears to be, a casual handshake is never enough unless, of course, you're OK with risking whatever art you have on consignment as well as any prospects of getting paid any outstanding balance on sales if for any reason the relationship goes bad. In fact, a dealer's reluctance or refusal to draw up a contract is almost always a warning sign of a fair weather flake and of sad times to come. As far as getting documentation from a gallery on what's been consigned, it's just like the contract. Either you get it in writing signed by both parties or your walk. Beware when a dealer inexplicably gets casual or tells you not to worry and that everything's going to be OK. Careless, airhead or nonexistent record keeping ends up ugly approximately 100 percent of the time, and is a great way for a devious dealer to victimize an artist. Rest assured that if a gallery plays loose or has a laid back approach to the way they do business that sooner or later you'll be maimed by mind lapses about how much of your art they have on consignment, what they've sold, whether you've been paid, how much they owe you and so on. Especially watch out when a gallery is selectively clueless-- like they're extremely on top of their overall business, but when you ask for any sort of accounting about your art, they come down with instant amnesia. Regarding selling prices, lethal dealers often seduce artists into coming onboard by promising to bump their selling prices on up into the ozone (with no experience selling it of course, and no idea whether they actually can). While all this tall talk seems great in theory, it's dangerously shortsighted, greedy, mainly in the dealer's interests and rarely in those of the artist, particularly over time. An artist's prices have to rise in a deliberate and orderly manner, commensurate with that artist's accomplishments; no dealer can arbitrarily inflate an artist's prices before their time, and especially before career accomplishments warrant it. Artists whose prices rise too high too fast and too often frequently end up outstripping their collectors' appetites for risk and pricing themselves right out of the game. And if an artist whose prices are constantly at the absolute top of the market happens to stumble or have a soft show, the fallout can be significant. At worst, sales can fall off a cliff and the resulting collapse will be almost like having to start over. If this happens, most galleries will be reluctant to show you because your prices have gotten way ahead of what they can sell your art for. Remember-- big price promises often come with big potential downsides so watch out when someone claims they can make you rich and famous for no rational reason. OK. Time to broach the bottom line-- getting paid when a gallery sells your art. Hopefully, you and your gallery have agreed on when and how payment is to be made and you both have it in writing. If you don't, then kindly accept my condolences. The art business is tough and getting paid can be challenging. Worse yet, getting paid by duplicitous dealers who could care less about you and more about their own personal financial obligations can really be challenging. Since this article all about them, let's talk warning signs so you can diagnose a bad situation before it's too late, hopefully recoup as much of your art and money possible, and then get out. Dealers commonly stop paying artists because their galleries run into financial problems. Reputable ones will approach their artists, tell them what's happening and try to work through difficult situations; less reputable ones have no qualms about taking whatever they can get before the ship sinks. So a really good idea is to regularly speak with other artists they represent. So many artists don't and end up paying big time for it. Equally important is to monitor your gallery's financial health, and a great way to do that is to keep tabs on the consistency of their expenditures. If they start cutting back, this could mean they're running low on funds, and if that's the case, consider yourself on notice that getting paid for your art or even getting consigned art returned to you have the potential to become increasingly difficult. For example, let's say a gallery agrees to give you a show and they're totally supportive of your work, but when show time rolls around, they balk at doing what's necessary to present it at its best-- like suddenly they won't even pay for the hardware to hang it. When a dealer's agenda appears to be changing from making money to just staying afloat, the time has come for the two of you to either talk it out or if for some reason that's not an option and the dealer refuses, to start planning your escape route. Whether a dealer is having financial difficulties or not, continual excuses about why they can't pay you also fall into the seriously bad omen category, especially when the tall tales have nothing to do with your art. Like maybe their "investments" are tied up, or they promise you'll get yours as soon as the second mortgage is finalized or the Mercedes sells or the lawsuit settles. "Not right now but soon... the deal's almost closed." Some even add insult to injury by framing their delay tactics like they have all this big buck stuff going on-- all way bigger than you-- and that when the cash comes through, you'll get your little pittance. This stuff sure isn't pretty, but it's pretty necessary for you to be aware of from a prevention perspective-- spotting the warning signs and knowing when to get out before it's too late, or better yet, knowing when not to get involved in the first place. The sad news is that this is only the first of a two-part diatribe. Read Part II here: Art Dealers From Hell, Part II - The Bullet Points. *** Thanks to Wendy E. Cooper, Mat Gleason, Barry Gross and Alex Novak for their generous assistance with this article.
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