Ethics, Galleries, art agents, and territorial dilemmas

I have this artist friend. . .

No, really, I do. It's NOT me..... yet.

I've been watching this artist do the business of art for a couple of years now and have seem some issues come up that I may have to confront in the future. I thought I should work out what *I* will do before the situation arises.

Here it is:

He has a gallery that claims a certain geographical area as 'theirs', meaning they get a piece of the action of sales within that area. I can understand and accept their reasoning for this.

On the other hand, he has an 'agent' who gets him a few commissions every year up and down the west coast of the USA, including commissions way within his gallery's area, but he doesn't let the gallery know about these sales.

Now, for HIM, he would probably get the same money from his share with the agent, but the Agent would have to split her share with the gallery if they knew. Obviously, if her share went from 30% to 15%, she would be MUCH less likely to put in as much works as she does, and in the end, the artist would sell less.

This agent has told me that she's looking for commissions for me now. I'm VERY happy about this, but I'm sure the dilemma will hit home one day soon. If she finds me a commission and I tell her that my gallery should get a piece of it (the ethical business thing to do), I may never see a commission come through her again, but if I don't tell my gallery, then I'm risking losing a relationship with a GREAT gallery if they find out.

I've too new with this gallery to talk with them about this. I'm afraid if I did, they would see the fact that I'm even having questions about including them as a very UNtrustworthy factor during a time that I'm trying to Build a relationship with them.

I'm looking for all the suggestions and advice I can get, but, please don't look at this like a classroom discussion; think of this on a PERSONAL level. Use this example:

Your agent found a $20,000 commission for you!!! Of that, you'll get $14,000 and she'll get $6,000. Now, if you tell your gallery, your agent will only get $3,000 and will never look for a commission for you again. If your gallery finds out you didn't include them, they'll ask you to leave the gallery.

What do YOU do?

Thanks,

You must decide whether to not use the agent and wait for gallery sales and build up that relationship; or to tell the gallery that there is an agent working for you IN THE SAME REGION and ask the gallery to accept perhaps a 10% 'relationship commission'; or to drop the gallery and just use the agent. You know the ethics here, or else you wouldn't have asked.

Let me get this straight: the agent finds work for you, negotiates the contract, maybe supervises the studio visits and approvals at the halfway point, and she gets 30% of the total fee. The gallery pays their overhead (rent, utilities, show notices, employees) and shows your work, stores some of it, gives you a solo, and takes

I'd take this deal if I were you. Seriously, a friend of mine has basically this same situation

First I wonder how / why your modest letter 'weighs' 60 kb.

Please remember that in the artworld, as everywhere, people talk all the damn time (witness us, here) so don't think a secret will see the dawn! I think you need to murmur to the travelling agent that a gallery (who did you sign with first?) has a clause about territoriality. Ask how they will handle this, maybe they are totally cool with sharing finders fees. This must come up a lot. Not here, nobody sells anything for 20 large! Why do you love rain?

If you want a serious answer to this question, ask over on http://www.artistcareertraining.com/ . I have heard great things about Gorman. He will charge you for advice but it is worth it.

I agree about not keeping secrets and the probability of keeping them secret if you tried. There's been some good advice here about the agent/gallery delemma (exept the one about PAYING for advice). Since much of what this agent does is outside the gallery's area, I think this is what I'll do:

Talk to both people about sales that occur within the gallery's territory (they work out their commissions, I get my agreed upon commission from the agent)... maybe I'll offer 5% MORE to the agent for sales outside the area to compensate her for loosing local commission money.

If we can't all work something out, I'll have to decide which one to leave... {pout}

Thanks everyone!

As I see it, it's going to rain if we like it or not. Everyone chooses their opinions about things. I CHOOSE to love the rain since I'm not about to leave Seattle and 'hating' the rain would only cause me grief. As Artists, we all have enough self-chosen grief without being depressed by the beauty of RAIN.

Thanks for asking.

James Kelsey, Seattle (more-or-less), WA, USA, Earth

I'd take on the agent, and tell the gallery that the commision sales by that one single agent are exempt from any agreement you make with them becuase the agents agreement supercedes them. If they don't like that then say 'I am sorry we couldn't work together'

What bothers me from everone I've heard is the idea that gallery policy is written in stone and non-negotiable. Their 'cast in stone' policy is very unlikely to be so rigid. If I were a extremely well established artist with a following in an area I would never agree to turn over all sales to a gallery simply becuase that's the only deal they offer. I would more likley establish a more equitable arrangement.

Business rule number one, Everything is negotiable. Rule number two, be prepared to walk out of any negotiation.

It's simple.

<< He has a gallery that claims a certain geographical area as 'theirs',

<< will hit home one

I think the ethical thing would be to work out a much smaller fee to pay the gallery when you have an overlapping sale. And it should come out of your share and not your agents. After all It is not intentional, so why should she be penalized? I had a like situation and anticipated it. My contract granted retail exclusivity to a gallery. commissions by my agent if there was a sale for a pre existing work that my agent sold withinthe sphere of my gallery I gave the gallery 5% of my share. Of course my Gallery could also arrange commissions but on this I granted no exclusivity. I also gave my agent a 'tip' when a commission was sold in her area of overlap (coorporate commisions).Rufo