Join our Coalition:

We are building a coalition of artists interested in using our FARE Contract, which will allow for them to establish their rights and benefit economically from their work after it is no longer in their possession. This will be done through establishing a Resale Royalty Right as one of the primary terms of the contract.

We would like to work together with artists to grow a movement towards better terms for artists in the art marketplace and for the overall sustainability of their art practice and career.

Sign up to express interest in joining our coalition and participate in our meetings.

Susan Schwartz (artist and attorney) and Virginia Broersma (artist and founder of The Artist’s Office) are spearheading a project to create a new artist-centric sales agreement; an Artist Contract for 2021. This contract will be made widely available in the hopes that it will be a step towards normalizing practices that center artists’ rights in transactions within the art world.

The project involves educating artists about using contracts, creating the new Artist Contract, developing a repository/archive to store executed contracts, and methods to ensure they remain attached to the artworks in perpetuity. 

Updates as of 11/24/2020:

• The draft of the Fair Artist’s Reserved Equity (FARE) Contract can be viewed HERE.

• We are forming a coalition of artists who are interested in moving this project forward. Sign up above by completing the form.

• We have created an Artist Contract Toolkit that summarizes our project and the steps that we suggest in order to make this project have an impact on the art world:

The Goals:

• To increase the use of contracts by artists

• To encourage conversations around the rights of artists for their work specifically after it is no longer in their possession

• To support the ability for artists to benefit from the increase in value of their work, upon resale

• To create a new, widely available contract

• To create and grow a coalition of artists willing to use the contract

• To begin to normalize practices that protect artists’ rights and provide economic benefits for them

• To make the art world a place where artists are valued and this is reflected in a willingness to ensure they are centered in actions that impact their work.

The context:

In 1971, The Artist’s Reserved Rights Transfer and Sale Agreement was created by Curator Seth Siegelaub and Attorney Robert Projansky. It was created through conversations with artists and then distributed in poster form as a tool for artists to protect their rights once their work has been sold. A cut-out notice was included to attach to the artwork for which the contract was used. Many of the terms of this contract were radical for their time, and remain so today. Some things have also changed in the art world, new methodologies have developed. 

Since 1971,  the internet and social media have entered our lives, and events such as the Resale Royalties Act have been struck down in court. In 2020, major shifts in artists demanding equity, transparency and ethical behavior from institutions have gained momentum. 

As the 50th anniversary approaches of The Artist’s Contract (as it’s referred to) it is time to update this contract for today’s reality. 

Schwartz and Broersma are leading this project of creating a new artist-centric contract. Input from the community is being gathered through workshops and discussions to bring artists up to speed on how contracts have been used in the past, and the potential for using them in their own art practice. These conversations are shaping a new contract that is being drafted by Schwartz, building upon the 1971 Projanksy Agreement, but with modifications that update it for today’s realities. 

The Project: 

The Contract:

We would like to enable artists to choose contract terms by which they can reserve a percentage of the ownership of their works, set terms for the resale and exhibition of their work, restrict "flipping" of their works for a term of years, be consulted regarding repairs - basically the whole smorgasbord of rights set forth in the original Artist's Contract, plus a few more to address issues that have arisen in the last 50 years (though it is surprising how many of the issues faced by artists in 1971 are still issues today).  Artists would be able to choose the terms they want to include in their agreement, and omit the terms which they find too difficult or time-consuming to enforce. 

The Registry: 

We would like to find a blockchain registry which would serve as a repository of these contracts.  Artists would be able to track the sales or transfers of their works, and would be able to sell or trade their retained fractional interests of their works.  Collectors and institutions would have to record sales or transfers of the works in the registry; this would trigger notice to the artist that a transfer has occurred, which might in turn trigger further action on the artist's part.  I understand that museums have had difficulty in contacting artists when repairs to their work has become necessary; this registry would also serve as a way for curators to contact artists regarding needed repairs (or dreaded deacquisitions).  The registry would facilitate artists' enforcement of the terms of their contracts.

The Notice: 

As with the original Artist's Contract, some sort of notice, whether a label, QR code, digital fingerprint, or other marking would probably be needed to advise subsequent purchasers of the existence of the contract and registry.  At this point, there is no statutory registration requirement for artworks (unlike cars), and no single digital platform for registering transfers of artwork, so, clunky as it is, some form of notice will be needed.

The Workshops: 

The educational workshops present the history of artist contracts including the 1971 Projansky/Siegelaub agreement and the work of the Art Workers Coalition. New adaptations of the Artist Contract that have been developed recently are explored, followed by a discussion around what terms artists would like in a new contract. 

Schwartz and Broersma are seeking opportunities to offer this workshop to reach as many artists, students and others curious about this project in order to build awareness and a coalition of artists which will be needed to give this project some legs. 

About us:

Susan Schwartz is a graduate of UCLA Law School where she was a member of the Law Review, Moot Court Honors Program and an editor of the Federal Communications Law Journal. She has a bachelor’s degree cum laude from the City University of New York with a major in mass communications and journalism and a minor in art. Schwartz obtained a master’s degree in Art Business with honors from the Drucker School at the Claremont Colleges’ Center for Arts Management. As both an artist and an advocate for artists, Schwartz brings an exceptional level of enthusiasm, dedication, and nuanced perspective to helping her creative clients navigate the complexities of copyright disputes and contract negotiations that clearly express their needs and desired outcomes. Her clients have included conceptual artists, graphic artists, gallerists and choreographers.

Visit www.susanschwartzlaw.com for additional links and resources. 

Virginia Broersma is a Los Angeles-based artist whose work focuses on patterns of representation in figurative painting. Her engagement with the art community involves curating, writing, collaborative projects, and public art along with her studio practice. In 2019 she launched The Artist's Office, through which she creates systems of support for artists' professional practices. This involves increasing professional capacity by offering needs-based tools and opportunities to share knowledge between peers and professionals. This work is done with candor and a critical eye towards art world systems that are failing artists. Broersma has exhibited extensively in Los Angeles as well as internationally and in the various other cities that she has lived, which include San Diego, Savannah, Chicago and Santa Fe.

Visit www.virginiabroersma.com to view her work.