This chapter outlines the basics you need to have in your artist ātool kit.ā What follows is information on documents and systems you may not already have as you emerge from a school environment, or have been working for a number of years, or are well on your way with your body of work.
What this list below is not is a complete overview of each category. Itās an aerial view of the landscape or ecosystem for your practice and what you need to maintain and support it. These systems and documents references are the basic foundations to your creative work. Pick and choose what you need where there may be gaps. I have built in some resources for you to use for more in-depth inquiry into the subjects and issues.
The Business of Your Creative Career
Basic Contract for Sale of Your Original Art
A simple āBill of Saleā should be made for every sale transaction an artist has for their work. On it should read: artistās name, purchaserās name, the date of the sale, the title of the art work and a brief description of it, the price of the piece, any sales tax (if due), the total amount due, and finally the signatures of the artist(s) and purchasers.
This is the simplest form of a sales contract. Many more items can be listed on the contract such as a clear statement that the artist is the sole owner of the copyright of the artwork, that the purchaser can make a certain amount of copies of the artwork under a āfair useā clause, a transfer of sales notification, or a clause that the artist will be notified if the artwork needs restoration of any kind.
The following types of documentation of your artwork and issues that may occur over time are important to consider and can be a short term task that will be beneficial over the long run.
Invoices
An invoice is a record of a list of your artwork with a statement of the sum due or the bill. A document of this kind can be kept updated in a notebook or online in a spreadsheet.
Invoices are important for the following reasons:
- Knowing where your artwork is initially located and over time where it moves to.
- A record of your sales over time.
- A record of who is buying your work.
- Finding your past work for a show or retrospect.
- Tax purposes.
A good resource for helping you with legal forms is the book Business and Legal Forms for Fine Artists, 4th ed., by Tad Crawford, Allworth Press, 2014.
Taxes and Resumes
On a similar topic, however you want to, keep a system for records such as receipts, bills of sale, show notices, gallery letters, etc. Figure out a way that works for you such as using a large shoe box, a designated desk drawer, or an Excel or online spreadsheet, so you can update your records regularly. This task includes your resume with shows and events or, just as important, being able to itemize expenses for your taxes. More on resumes and CVs later in this chapter,
Tax codes differ in every country so it is important to keep up with any changes that may be taking place in your respective location. One way to get your taxes done is to hire an accountant or tax preparer. Generally, it is not a great expense to have someone in the tax code business do the work for you and it gives you precious peace of mind and more time to make your work. The fee can be covered by your tax returns.
Here are some suggested items to record if you can itemize your taxes as an artist (be careful to keep up with all the changes going on with tax codes in the country you reside in): travel (bus, bike, car, subway, boat, plane, etc., and receipts for repairs when applicable), books, technology, hardware, and other miscellaneous materials as they pertain to your art making, including supplies, assistants, researchers, entry into art museums and art fairs (these museums and fair visits are your lifelong professional development as an artist), refreshments or meals as they pertain to your professional career, art related meeting costs, studio rent, and studio expenses. All costs are valid if you can itemize your tax returns, and so long as these expenses can relate directly to the business of being an artist. Note: Keep all receipts for a year just on the off chance you may be audited by the IRS (Internal Revenue Service) in America which requires proof that you, the artist, paid for the expense.
It doesnāt matter how you start keeping your records, whether using a drawer to throw receipts into or buying an online program to start you off. Just start! If you have a system already in place, refine it until it has the kind of detailed information you need to feel like you are in control of your expenses and taxes, which are a crucial part of your long term financial security.
Seek Out Help If Need Be
Case study: Artist X has been using an accountant/tax preparer to do their familyās taxes with all the itemization of the business of making art. The tax preparer was recommended by a friend when there was a need for help one year. The work was excellent, so Artist X used the tax preparer every year afterwards. They communicated only through emails and by phone. Twenty years later they are still working together. They have never met in person. The tax services cost a few hundred dollars and are paid for from the tax return check. It has saved Artist X studio time and gives the family security and peace of mind that their taxes have been prepared by a professional who has stayed updated with the changes in rules and regulations of taxes that may occur year to year.
An Inventory List of Your Work
As you build a body of work you will be thankful you kept an inventory list or record of all the works you have made, whether you sold your artwork or not. This list will serve you well as an archive of all you have done thus far. It will be a document to help you track where your artworks are located. It will also help you build your website because you have a list of all the work you have done and can plan your site accordingly. This is especially important as you start to build your legacy. Ultimately, it will help with your estate planning as you mature.
The record can note where your artwork currently is located, if it has been sold, to whom it was sold, whether it is on loan, in an exhibit, on consignment, has been rented out, or been donated. Include in your inventory a list showing the title of the piece, its size, materials, edition (if applicable), and the date it was made. Any special note about it should be included, such as where you may want it to be given, or a return date, should anything happen to you in the meanwhile. Make sure you take a high-resolution digital photograph of it for your records.
Your inventory list can be as simple as a notebook record or as elaborate as an Excel spreadsheet. It does not have to be complicated. Just make sure you begin to make these records for your artworks; in the long run they will come in handy.
Tracking Sheet: A Research Tool
Alright, this is getting into a deeper level of administration work but consider making one of these documents a tracking sheet. It should be of your own creation and one that makes sense to you.
A tracking sheet keeps a record of all your applications such as what residencies youāve applied to, what grants, exhibition proposals, projects, special project proposals, and gallery and museum solicitations. Hereās why it is important and can assist you in your work: itās a basic research tool. It has the potential to help you review and track where your accomplishments lie by noting what you are applying for, it helps you stay in touch with organizations you wish to work with in the future, and ultimately map out where you are going with your career. It can help you make more informed decisions for your future through the information you have gathered about your studio practice.
Make sure to note the name and contact information of the organization and contact person, date of your submission, what you sent to them, when you were in touch with them, and when you need to be back in touch. This last bit of tracking is critical if you have a number of submissions out in the world. It can quickly get confusing to remember when applications were delivered and when you needed to check back in on the progress of them, let alone when you are notified whether you were accepted or not.
Sales Sheet
Consider creating a sales sheet for your artwork. It would track the prices of each piece you sell and potentially be another research tool to determine what your best market is for future sales. Again, it does not have to be complicated. A notebook will do. But if you want to get more sophisticated about it there are programs you can buy that will help you keep a sales inventory of your artwork.
Budgets
I have a theory that artists often overlook their innate knowledge of budgets. You may not recognize it, but you are keeping budgets in your head all the time because you are constantly figuring out ways to buy materials and keep your studio practice going. Whatever costs it takes for you to make your work, you somehow always make it work. So to say you donāt know about budgets or like them (the common chorus is: Iām not good at math) seems like a bit of a false premise. Budgets can be formal or informal (putting numbers on a napkin) and doing the math with what you have and what you want to have obviously makes sense.
Hereās why they are also important, in case you need convincing: budgets allow you to plan ahead and are a critical component of being in control of your life, work, and your career. So, whether with a ledger or online, if you are weary about the whole process, which I propose you know more about than you think you do, start small with rent and supplies. Donāt worry, your budget details will grow organically into a remarkable working document which will allow you to plan for larger projects and events such as residencies, grants, fellowships, special projects, and so on.
Upshot: Without a budget you canāt justifiably ask for money you need to create something new. Itās that simple.
Resale Royalties
As an artist, you are legally due resale royalties when one of your artworks is resold, which is why documentation and contracts are important with the sale of your work. The percentage varies from state to state, country to country, so you need to research what you are entitled too.
One place to start understating this issue is to know about the Projansky Agreement that started the discussion of how to safeguard the economic interests of artists. Written in 1971 by both the lawyer Robert Projansky and the curator and art dealer Seth Siegelaub, itās called the Artistās Reserved Rights Transfer and Sale Agreement. It covered the financial transactions of an artworkās resale, reproduction, or rental prospects. The current version of the document was updated by the Dutch in 2015.
You may also want to check out DACS in the United Kingdom which campaigns for the rights of visual artists to collect royalties on resale of their artwork. Founded 30 years ago, it is a not-for-profit started by artists for artists, and also includes copyright licensing and royalties for artwork that has been published in a book, magazine, or on TV. It has a wealth of information on its website for these issues and concerns.
Copyright, Fair Use, and VARA
It is imperative these days for an artist to have at least a working knowledge of copyright and fair use issues in our fast paced and ever evolving international art world.
From the moment you produce a work of art in any medium it is protected by copyright; it is automatic. Even when you sell your work you own the copyright on it. That is, unless you sign away that right in a contract. To secure your copyright you can place a Copyright, Copr, or @, sign it, and include the year you made the piece. This easy task will make sure that you are the sole owner of the artwork for your lifetime plus 70 years. It is upheld by law in almost all countries. To be completely safe you can also place a request for copyright at the U.S. Copyright Office or the equivalent office in the country you reside in.
Interestingly, copyright covers the outcome of an idea, not the idea itself, so there are ambiguous gray areas where sometimes your work can be contested. Without copyright, once your work is in the public domain you could potentially lose your rights to that work. This is why if it is sold or exhibited without a copyright it could then be freely reproduced or used in a publication without you having any control over itāsomething you do not wish to have happen.
As a case in point, there is currently a lawsuit against the artist Kristen Visbal, who created the bronze statue of Fearless Girl in Lower Manhattan, by the financial service who commissioned and bought it, State Street Global Advisors. Visbal created four other versions of her statue now in London, Oslo, Melbourne, and Stevenville, MD. State Street is trying to make the case that, because they tied their name and brand to Fearless Girl, the other statues are allegedly a trademark violation, since they beli...