The Artist's Reserved Rights Transfer and Sale Agreement (also known as the Artist's Contract or Projansky Deal) is an open-source legal contract for the transfer and sale of an individual work of art in any medium, material or immaterial, including digital art.
The FARE contract is a legal tool for artists to use when selling their work that will protect their interests and establish ongoing rights in their work. A sales contract is an important tool for artists to use to track their sales, negotiate their rights and document agreements between you and your buyer.
The agreement or contract is the legal document between an artist or owner of an artwork and a borrowing institution, or between an exhibition organiser and the host venue. They are written to specify details about work to be undertaken and the expected outcomes.
The “Artist's Contract,” or “The Projansky Agreement,” as it is known in art and legal circles respectively, is a model contract for artists to use when selling their work or transferring ownership. Its most enduringly controversial aspect is the inclusion of an artist's resale royalty.
An artist contract outlines the rights of the artist regarding their creations — this includes licensing, use, and distribution. This safeguards intellectual property rights and binds both parties to adhere to the contract terms regarding ownership.
For commissioned works, you can retain the copyright unless you explicitly transfer it in writing. Copyrights can be sold (“assigned”) or licensed through written agreements, like contracts or wills.
Important clauses in the artist agreement Parties. This clause defines the parties to the agreement, one would be the producer and the other would be the artist. Project. Payment/compensation. Service/work by an artist/engagement. Terms and conditions. Term/duration. Rights of the parties. Artists obligations.
Artist contracts usually include details regarding payment terms, compensation rates, royalties, and commissions. A contract also protects the intellectual property of the artist and may include rights to license, use, and exhibit the artwork or performance created.
Contracts like an artist agreement help avoid miscommunications and confusion over the rights and responsibilities of both parties involved. Artist agreements typically include availability expectations, performance markers, and licensing or ownership rights of the works created during the partnership.