by Maria Brophy
This becomes easy after you write up a few. You can save your document as a template and use the same template again and again, just change the details each time.
WHAT IF A CLIENT WON’T
SIGN AN AGREEMENT
Sometimes you’ll have a client who doesn’t want to sign a contract. They will say cute things like “I believe in the handshake deal” and “I run my business on trust.” That works, if you’re running a lemonade stand! But if you are going into a deal where a signed, written agreement is absolutely necessary, you’ll have to convince them that a contract is important not just for you, but for them, too.
Usually, when a client is afraid to sign a contract, it means one of two things; they are either inexperienced in this type of deal and it makes them nervous, or they are in the habit of not taking care of business in this manner. It’s up to you to gently guide them to sign it.
We installed Drew’s art in a gallery in Newport Beach, CA. I had emailed the owner a consignment agreement weeks before, but he never signed it. So when we went to install the art, I brought him a printed agreement and asked him to sign it. He didn’t want to; he told me that none of the artists in his gallery had a consignment agreement. I explained to him that it’s important to us, as we need a paper trail should there be a natural disaster or bankruptcy. I told him that the agreement gives him permission to give discounts to his collectors, and it details the pricing. It’s in his best interest to have the agreement. I also explained that we never do consignments without an agreement. He smiled, grabbed a pen and signed it.
AGREEMENTS THAT CAN HARM YOU
When a client or agent provides an agreement to you, be sure that you understand fully what you are agreeing to before signing it.
I’m always surprised when I hear that someone signed a contract without even reading or understanding it. How do you know what you’re agreeing to without reading it? And if you don’t know what you are agreeing to, how can you hold up your end of the agreement?
Please, never sign a contract that you don’t fully understand.
One of my artist clients signed a five-year contract with a manufacturing company to license her artwork. They paid her no money up front, and the contract stated that they got the exclusive rights to all of her artwork and that she couldn’t sell the art to anyone else. They verbally promised her big dollars, but in the two years after they signed the agreement, they had paid her $0. She couldn’t sell her work to anyone else, either. She was stuck in a terrible contract for five years, one that prevented her from making any money from her art. Luckily, we got her out of that contact but it took a lot of work and it was highly stressful for her. She had lost two years of income because of it.
I’m not telling you this to scare you out of signing contracts. I want to encourage you to take great care with your business and your copyrights and your name and everything else that is near and dear to your existence as an artist.
EVERY CONTRACT IS NEGOTIABLE
When you are presented with a contract and it contains language that you don’t agree with, don’t hesitate to ask your client to make changes to it. Every contract is negotiable.
When working with a licensee, client or agent, you’ll often be presented with a contract that they use for all artists. The thing is, all artists are different; their business models are different, their art is different, their brand is different. What works for one artist will not work for another. There is no such thing as “one size fits all” with contracts.
It’s not only okay to ask for changes to a contract, it’s often expected. Most of your clients will want you to feel good about what you’re signing. They want you to be happy. Most of them are not trying to harm you.
If you don’t understand something that is in a contract, call your client and ask them to explain it to you. And if you don’t agree with their explanation, ask them to change it to something you will agree with.
Below are just a few examples of bad contract language I’ve seen in my career, and how I remedy it:
A long term or no end date to the contract, meaning they have you locked in forever – this can harm your future as a career artist. Ask them to change it to a shorter term, such as 2 or 3 years.
“Work for Hire” or “buy out” or “transfer of rights” language – where the client is taking ownership of your copyrights. Tell them you don’t do work for hire, but you will happily grant temporary rights. Change the contract to reflect licensing rather than buy-out.
Non-compete language – this means they won’t allow you to work with other companies in their industry for a period of time, thus harming your future ability to earn a living. Tell them you can’t agree to this, but if they are concerned about a specific competitor, you might agree to not selling to that one competitor for a short period of time.
First rights of refusal – this means you are obligated to show them all new work first, before showing or selling to another client. Never agree to this without great financial compensation attached. Instead, tell them it would interfere with your business model, but that you are happy to show them any work that you feel they will be interested in; you just don’t want to be obligated to do so in a contract.
I could list about 100 more things to add to this, but that is another book for me to write. The items listed are some of the red flags that pop up frequently.
When there is language that I don’t agree with or that conflicts with our business model, I ask the client to change it. Many times, the client doesn’t even know why the language is in their contract. Sometimes they are using an old contract or one they found off of the internet. Sometimes they hired legal counsel that has no understanding of how artists work. In other words, it’s not usually malicious or that they are trying to take advantage of you. It’s that they just don’t know. It’s up to you to educate them on how you work and what you are willing to agree to.
Most of the time, a client will make the changes I ask for. Sometimes we have to compromise. If they don’t want to make the changes I requested, I take the time to find out why. Usually it’s because they are worried about something that I was unaware of, and once I find out what that is, I can come up with a creative way to create language that alleviates their concerns while not giving up on what’s important to me.
Most artists are afraid to have conversations with their clients when it comes to contracts. Don’t fear asking questions and having these discussions! It’s crucial to have friendly conversations at the beginning stages of a relationship, to make sure you are all on the same page. The contract phase brings up a lot of topics that you otherwise wouldn’t have talked about. It’s a tool to help you and your client communicate on the nitty gritty details.
To recap, there are three rules to follow when it comes to written agreements:
Always have an agreement with a client in writing, either in a formal contract, or an informal email or document that details what you and your client are agreeing to.
Never sign anything that you don’t fully agree to or don’t understand. Every contract is negotiable. You can make changes to every contract presented to you, to fit your needs.
Make it clear to your clients and collectors that you retain ownership to the copyrights of your artwork. This can be written on your invoices, website, written agreements, and any other place your work is displayed.
Legal disclaimer: Please note that I am not an attorney, and that any information in this book should not be construed as legal advice. I am simply sharing my own personal opinions and business practices, based on my experience in the business of art. For legal advice, consult an artist’s attorney in your region.
31
BUSINESS SYSTEMS
“We are what we repeatedly do.
Excellence, then, is not an act, but a habit.”
—Aristotle
Have you ever missed a sale because you failed to follow up with a potential buyer? It happened to me once, and I still regret it years l
ater.
An interested buyer had walked into our studio. He was a tall, distinguished man. He was ready to buy, but first needed his wife’s agreement. Before he left, I got his name and number and said I would follow up with him the next day.
But that piece of paper got lost on my desk. I got busy and assumed he’d call me. I never called him and I never heard from him again. I found out later that he ended up buying a large art piece from another local artist.
It was my lack of organization and follow up that lost the sale. I’m still kicking myself over that. But since then, I implemented a system of following up on hot prospects, and I will never lose a sale again.
SYSTEMS SAVE TIME
I have to admit, I’m not as efficient as I would like to be. I get so easily distracted by so many things. It seems like my to-do list is so long that I’ll never get caught up. If you’re like me, you probably wish you had more time in the day to do everything you want to do.
In this business of art, there are so many little things that must be done. Some of these little things are very important (but no fun) like filing copyrights, bookkeeping or making follow up calls to potential clients. We can get more done in less time if we implement systems for ourselves.
MOST EVERYTHING WE DO
IS A HABIT OR SYSTEM
From the moment we wake up to the time we go to sleep, our actions are run by our habits and systems.
Many habits were programmed into us at a very young age, such as brushing our teeth and getting dressed. Some we trained ourselves to do when we got older, like writing a daily to-do list or meditating in the morning.
Everything we do is either handled in a conscious way (with a system), or in a half-hazard way (no system). With a system, we can decide in advance how we want to respond to recurring events. Creating a system is very much like creating a good habit, like brushing your teeth every day.
With a system in place, we can make the best possible decisions and take the best actions, consistently. Without a system, we are floating like a leaf in the wind, reacting to things rather than responding. Without a system, we are not automatically directing our energy to a pre-planned intention. Tasks take longer and we waste time re-inventing the wheel. And we are working twice as hard!
However, once we put a system in place, we no longer have to use extra time to think about how we will do something, because it becomes automatic. Setting up a system takes a little time at first, but it saves hours of time later. And that’s what we all want, right? More Time!
EMAIL INQUIRY SYSTEM
Many of the inquiries for Drew’s artwork ask the same questions over and over, such as: “How much does it cost to get a commissioned painting?” and “Can Drew paint my surfboard?”
For years, I wrote responses to each inquiry as they came. This was a time waster, because essentially I was writing the same thing again and again. Each time I got an email, I had to use time and brain power to write the responses.
Finally, it dawned on me that I could set up a system to save time. I now have canned responses to the recurring questions, titled “Surfboard Painting Inquiry” and “Commissioned Painting Inquiry.” I store these responses in my Google Drive so I can copy and paste the response into an email reply, add a little personalization to it, and hit “send.”
HOT FOLLOW UPS FOLDER
After sending a price quote or response to an email inquiry, I move the email into a folder titled “Hot Follow Ups.” Two times a week I go into that folder and review it, so that I can be reminded of who I should call or email to follow up with.
The beauty of using the “Hot Follow Ups” folder is the result I see in revenue; we are getting more painting sales because of the simple act of remembering (following the system) to follow up with everyone in that folder.
CREATIVE SYSTEM
When Drew is about to begin a new painting series, he has a system that ensures that the series will be executed efficiently and in a well thought out manner:
First, he decides the theme of the series.
He envisions the results he wants from it; such as what impact he wants the art to make on people, and how much $ he plans to earn from the sales of the art.
He draws rough ideas on paper and determines how many pieces and what size each one will be. He envisions how the pieces will look in an exhibit or the venue where it will be.
Next, he clears space in the back room of the studio where he paints. He sweeps the floor and clears out all non-essentials to make room to paint all the new blank canvas.
Then, he goes to San Clemente Art Supply store and buys all of the art supplies.
Lastly, when everything is in order, he begins painting with a clear vision, a clean room and everything he needs right at his fingertips.
BUSINESS SYSTEMS THAT WILL SAVE TIME
Here is a short list of areas where you can create habits and systems for efficiency, consistency and results:
Plan your day first thing each morning by writing your most important goals and intentions.
Use software or spreadsheets that manages your inventory and keep track of work that you have on hand or have sold.
Systemize the collecting of names for your email list.
File copyrights every two months or when you finish a series of work.
You can also create a system…
For when an artwork is created (add to your master copyright spreadsheet, add to your website for sale, include in your next newsletter)
For when an artwork is sold (capture the buyer’s information, ship it, add to your master artwork spreadsheet, follow up with buyer a week later with a thank you, etc.)
To follow up after sales (to connect with buyers, galleries, agencies or licensees, etc.)
To nourish your network (how you will keep in touch with past buyers and associates)
HOW TO IMPLEMENT YOUR SYSTEMS
Where are there redundancies in your daily, weekly and monthly activities? Choose just one area to begin with. Below are two examples.
If you sell illustrations to corporate clients, you would create a system of “New Client Follow Up.” As an example, your system could look like this:
Email your new prospect to set up a discovery phone call
Add them to your master list of prospects.
Write up a proposal and send it to the client.
Within 24 hours, follow up by email to confirm they received the proposal.
If they do not respond with a yes or a no, follow up in 72 hours with a phone call. Ask them for a yes or a no.
If they don’t accept your proposal, ask why. Find out if there is a way to provide them with a proposal they will accept.
If they still don’t accept your proposal, thank them for your time. Then put a reminder on your calendar to follow up in three months and ask “how did your project go?” and ask if they have any other projects for you.
If you sell paintings, you would create a system of “When a Piece of Art is Created.” As an example, your system could look like this:
Capture a high resolution photo of it
Sign and name the art piece
Add the piece to your Master Artwork Inventory list (software or spreadsheet)
Add the piece to your Master Copyright spreadsheet
Write up a compelling description about it
Post it to your online store for sale or send to your gallery
Send out an email newsletter announcement
Post on social media with a link to online store or a way to purchase
File for copyright(s)
Sell it
Write up your steps and keep it handy to remind yourself of the system you decided to implement. Then take the action required to ensure that you consistently use the system, for example, by putting reminders on your calendar.
Think of one system that you can implement today, to make an area of your business run more efficiently, with less time and effort.
32
PUT
YOUR NAME ON IT
“Every thought you produce, anything you say,
any action you do, it bears your signature.”
—Thich Nhat Hanh
Make sure that your name, signature or logo is printed or signed on everything your art is displayed on. This includes original pieces, digital artwork and reproductions on products.
Your signature announces who the artist is and at the same time promotes your work further. If you can’t put your name on the front of a piece for aesthetic reasons, then create a symbol that can be printed or painted in a subtle way in every art piece. Or, sign your name to the back.
For licensed products, your name and/or signature should be on every piece as well as the packaging and all advertising.
It does your future no good to create a piece of art and then have no one know who did it. For artists who are creating high volume of work, or are being copied often, or are creating influential works, your name authenticates the artwork. It’s an indication that it is an official art piece of yours, rather than a knock off.
I remember being in Hawaii one year and seeing a beautiful piece of artwork on a poster in a surf shop. I looked for the artist’s name or signature, but nowhere on that amazing piece of artwork was any indication of who the artist was. To this day, I wonder why the artist didn’t insist that their name be clearly printed on that poster. They missed out on a great opportunity to market their work in an easy way.
In the summer of 2016, we received a call from Pearl Jam’s front man, Eddie Vedder’s, merchandise manager. Eddie was putting on a new music festival called The ‘Ohana Fest and hand-picked Drew to create the poster artwork for the event.
We were so happy because we love Eddie Vedder and he is by far the biggest music star we have ever worked with. We came to an agreement on price, they paid their installment payment, and Drew went to work on the art.