Art Gallery Lawyers
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Meet some of our Art Gallery Lawyers
Jim B.
Since 2002, when I first received my law license and began practicing in criminal litigation, I have dedicated myself to providing competent and impassioned legal representation to my clients. Transitioning into business and intellectual property law and serving the Oregon community under the banner of INTELLEQUITY since 2016, I embarked on a mission to offer an unparalleled level of personalized legal guidance that empowers my clients through understanding, support, and legal mastery. As a seasoned attorney, I recognize that behind every case is a person with a distinct set of emotions, aspirations, and challenges. This is why my approach to legal services is not just about cases and statutes; it's about people and their lives. Whether it's navigating the intricacies of business law or safeguarding your intellectual property, I'm here to provide more than just professional counsel—I offer a compassionate, personalized approach to every case. This means keeping you well-informed at every step, empowering you with in-depth understanding, and steering you towards decisions that are legally sound and, more importantly, right for you.
"Great person to work with. He helped gain a better understanding of my own business."
Dolan W.
You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible
"I might to reach out if I have any other questions, but you have been awesome. Thank you."
September 3, 2024
Dennis S.
Dennis Sponer co-founded ScripNet, a uniquely designed Pharmacy Benefit Management (PBM) company in 1997. After serving as In-House Counsel for one of Las Vegas’ largest healthcare conglomerates, Dennis devised a payor based technological solution to the challenge of pharmaceutical payment and remittance. As one of the first workers’ compensation specific Pharmacy Benefit Managers in the industry, Dennis pushed the boundaries of what a PBM can do. ScripNet was a three-time winner of the Inc. 500 and was named to the Inc. 5000 numerous times thereafter. Clients of ScripNet included some of the largest carriers, governmental entities, and self-insured employers in the nation, including FedEx, Starbucks, Lockheed Martin, the Cities of Dallas, Atlanta and Philadelphia as well as the State of Texas and the State of Nevada. After fifteen years of exceptional growth and class leading industry recognition, ScripNet was acquired in 2012 by Optum Healthcare Solutions. After selling ScripNet, Dennis served as Executive Vice President for the acquiring company and was successful in integrating ScripNet into the larger entity. His latest venture, HSARx, was a consumer facing Pharmacy Benefit Manager focused on the owners of health savings accounts. He sold HSARx to SwiftScript in October of 2023. Dennis obtained his Juris Doctorate from Brigham Young University where he served as Note and Comment Editor of the Law Review. He then obtained his Master of Laws in Taxation (L.L.M.) from the University of San Diego. After selling ScripNet, Dennis returned to school to earn his TRIUM MBA, the program jointly administered by New York University's Stern School of Business, the London School of Economics and HEC Paris. Dennis is a member of the 1999 Leadership Las Vegas graduating class, was named by InBusiness Las Vegas to its annual Top 40 Under 40 list, is a graduate of MIT's prestigious Birthing of Giants program and holds a certificate in full stack development from MIT. Dennis is licensed as an attorney in California and Nevada and is a past President of the Las Vegas Chapter of the Entrepreneurs' Organization. He serves on the Southern Utah University School of Business National Advisory Board, the SUU Entrepreneur Leadership Council and the UNLV College of Liberal Arts Board. Through his consultancy, SRX Advisors, Dennis serves as an advisor and legal counsel to various startups, health care technology and artificial intelligence firms.
September 4, 2024
Jonathan W.
Jonathan Wright offers 30+ years of legal and business expertise to clients seeking a trusted advisor. His experience as a CEO and General Counsel for tech, healthcare, and biotech companies enables him to provide seasoned guidance on complex contracts, strategic agreements, and business transactions. Whether you're starting a company, navigating financings, or handling day-to-day corporate legal needs, Jonathan offers valuable insights and support.
September 10, 2024
Antonio P.
At Pishvai Law, Tony's attention to detail and deep community roots define his practice. A lifelong Fort Wayne native, Tony returned home after attending law school in Atlanta, Georgia, emphasizing his commitment to serving his community firsthand. As a solo practitioner, Tony offers a level of personalized service and dedication unmatched by larger firms. With a focus on tailored solutions and individualized attention, Tony ensures that each client receives the care they deserve. Whether you're facing a complex legal matter or seeking guidance, Tony is dedicated to providing the support and expertise you need to navigate your case with confidence.
September 19, 2024
Andrew G.
Mr. Goodwin is an experienced transactional attorney, with experience working both for a large law firm and as in-house counsel for a leading global healthcare system.
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Browse Lawyers NowArt Gallery Legal Questions and Answers
Art Gallery
Art Consignment Agreement
North Carolina
Is it necessary to have a written Art Consignment Agreement when selling artwork through a gallery?
I am an artist who has recently been approached by a gallery to sell my artwork on consignment, and I am wondering if it is necessary to have a written Art Consignment Agreement in place to protect my rights and ensure a fair arrangement between myself and the gallery. I have heard stories of artists being taken advantage of in similar situations, and I want to make sure I am adequately protected before entering into any agreement.
Randy M.
Yes, you absolutely need a written Art Consignment Agreement before handing over your artwork to any gallery. A verbal agreement, handshake deal, or email exchange isn't enough to protect your rights if something goes sideways. The gallery may seem reputable, but you’re placing valuable property in someone else’s control, and there are real legal and financial risks if expectations aren't clearly spelled out. A formal contract protects your ownership, defines obligations, and gives you leverage if disputes arise. Why the Agreement Matters A written consignment contract serves several key purposes. First, it makes it legally clear that you retain ownership of the artwork until it's sold and you’ve been paid. Without this, the work might be treated as gallery inventory if the gallery gets sued or files for bankruptcy. Second, it confirms whether the gallery carries insurance and who’s liable if your work is damaged, stolen, or lost. Third, it lays out financial terms, including pricing authority, commission percentage, and payment deadlines. That avoids unpleasant surprises like the gallery giving a steep discount without your approval or taking months to pay you after a sale. Core Terms You Should Include Start with a detailed inventory listing each piece on consignment. Include the title, medium, dimensions, inventory number, and agreed-upon price. The agreement should state that the artwork remains your property until sold and that the gallery holds it in trust. Specify the consignment period—whether it’s three months, six months, or open-ended with the right to terminate on notice. Define the commission split clearly. Many galleries take 40 to 50 percent, but it can vary. Spell out who sets the prices and whether the gallery can offer discounts without your permission. Next, address payment terms. Thirty days after the sale is common, but it should be written. Include a clause about how you’ll be notified of sales and what accounting the gallery must provide. Insurance is another key issue. Make sure the gallery confirms in writing that it carries insurance covering theft, fire, water damage, and other common risks, and that your artwork is included at full retail value. If they don’t insure, you may need to. Don’t forget what happens if the work doesn’t sell. The agreement should cover how and when unsold pieces are returned and at whose expense. Some artists require the gallery to return the work within 10 days of the consignment ending. Also consider a termination clause so you can exit the agreement if needed, such as for breach or change in business direction. Other Clauses That Add Protection Include a copyright clause stating that you retain all intellectual property rights in your work. The gallery should only have a limited, non-exclusive license to use images of your work for promotional purposes. If the gallery wants exclusive rights to sell your work during the consignment period or in a specific geographic area, make sure the scope is clearly defined. You can also address marketing expectations, such as whether the gallery will display the work, include it in exhibits, or promote it online. A dispute resolution clause can save time and legal fees if something goes wrong. Mediation followed by arbitration is a common approach in art contracts. And make sure the agreement names the applicable law—typically the state where the gallery operates. Professional Advice and Red Flags Some states have specific laws protecting artists in consignment situations. For example, New York and California require galleries to treat consigned art and proceeds from sales as trust property. In New York, these protections apply automatically when artwork is delivered to a gallery for exhibition or sale, even without a written agreement. However, in many other states with consignment laws, these protections only apply when there is a written consignment agreement between the artist and gallery. Approximately half of the 32 states with art consignment laws require written documentation as a condition for legal protection. If you’re dealing with a high-value piece or a large consignment, consider having a lawyer review the contract before signing. Any gallery that resists putting terms in writing or downplays the need for a formal agreement is a red flag. A professional gallery should expect to sign one and may already have a standard form. That doesn’t mean you can’t negotiate parts of it. If you need help drafting or reviewing an Art Consignment Agreement, the attorneys on Contracts Counsel would be happy to assist you.
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