Monday, March 08, 2010

Consigning your works

From my weekly (AM) radio segment titled "Legal Minute"

With the number of art and wine festivals taking place during the summer months, you would think that art and crafts are the great American pastime. Arts and crafts are a popular hobby or line of work for many people so it helps to understand how to consign your work properly so that you are not the victim of an unscrupulous gallery or dealer. There are generally three types of consignments: those under the Uniform Commercial Code or UCC, those under state consignment law and those made under a written consignment agreement. The UCC approach can help protect you if the gallery damages your artwork or goes bankrupt but there are certain requirements that must be fulfilled. Speak with your business lawyer about filling out the appropriate UCC forms to ensure that you are protected. California also has consignment laws which protect the artist or craftsman from losing their works if the gallery goes bankrupt although having a written consignment agreement in place is ideal in order to enforce our rights under these laws. An attorney can help you in crafting the consignment agreement.  Navigating the consignment process isn’t difficult and is well worth the effort when considering the time that went into creating the artwork.