Model Agreements for Visual Artists: A Guide to Contracts in the Visual Arts

P.F. McKenna was librarian at the Police Academy, Brampton, Ontario.

This work was researched and written by Paul Sanderson, at that time a second-year law student in Toronto. The book was produced under the auspices of the Canadian Artists’ Representation Ontario (CARO) and is designed to facilitate and inform the creation of agreements by visual artists. The work carries an introduction by Judy Gouin, President of CARO (1979-1981), which states the purpose of the enterprise and the publisher’s interest in avoiding “legalese.”

After beginning with a brief examination of some general principles of contractual agreements, Sanderson launches into his main task: the presentation and explanation of model agreements for specific artistic exchanges. Among the 20 model agreements contained in this publication are the following: artist-agent agreement, bill of sale, private commission agreement, reproduction rights agreement, exhibition loan agreement, lecture agreement, and an original print publishing agreement. Many of these agreements appear in a long and a short form. All of the agreements provided by Mr. Sanderson are clearly written and are followed by equally clear commentaries.

Two model agreements included in this work are worthy of special note. The first was drafted in 1971 by Robert Projansky, a New York lawyer, and is called, “The Artist’s Reserved Rights Transfer and Sale Agreement.” One of the more significant aspects of the Projansky agreement is that it binds the purchaser, and all future purchasers, of a work of art to pay the artist 15 per cent of the difference between the agreed value at the time of the original purchase and any subsequent resale value. The second agreement, a modified version of the Projansky agreement, was written by Charles Jurrist. Both agreements are American and have not been tested in a Canadian court. The book concludes with a brief bibliography of periodical articles and books relating to contract and copyright for artists.

Since the stated aim of CARO is “to improve the financial and professional status of visual artists in Canada,” it is not surprising that the model agreements contained in this work are extremely favourable to the artist. The terms of the agreements envisage an ideal world where agent, client, patron, and institution all have the artist’s best interest and creative integrity at heart. This is unlikely, but one can applaud this careful effort at outlining some clear goals for the artists who wish to realize tangible rewards for their creative efforts.