What Trade Documents Do Artists Need?
WHAT TRADE DOCUMENTS DO ARTISTS NEED?
If you are an artist and want to sell your art, make sure you do everything you need to make the sale clear and legit, preserve yourself and your buyer and secure your art.
There are 4 steps to follow and the documents you need to issue to guarantee a smooth procedure and a transparent sale.
1. ARTWORK BILL OF SALE
To sell your artwork, you need to provide a Bill of Sale. The Bill of Sale (invoice) is one of the most important trade documents. A physical artwork is considered personal property, therefore a transfer of title will be necessary in the form of a Bill of Sale (invoice). This also functions as a transaction record of the artwork between the artist and the buyer and will be used later when you file your taxes. The requirements for the invoice can vary from Country to Country, so always double-check with your government when drawing up your artist Bill of Sale.
Regardless of small differences in local requirements, a Bill of Sale should always include the following information:
- date of the sale and the invoice number;
- contact information for both artist and buyer including both a physical address and a phone number or email;
- a detailed list that includes the artwork sold with its description, including the title, medium, and dimensions, as well as any extra costs such as framing, delivery, and installation. If you are selling multiple works at once, list each artwork individually in a different Bill of Sale sheet;
- billing should be divided into a subtotal, which is the cost of work and services before taxes, by state requirements, and the total sale;
- copyright and reproduction rights information. Copyright is not a requirement, however, it’s a good idea to have accurate documentation of copyright and reproduction rights in your Bill of Sale to protect yourself against legal issues that could come up in the future. Always include information about the copyright and reproduction rights of the physical work you are selling, to inform buyers that they are only purchasing the rights to the physical artwork.
A further term that you may want to add to your Bill of Sale could be “all sales are final,” or, if you decide to give your clients the chance to change their minds, you can include a return policy, which must state the length of time in which the work can be returned and under what conditions. This can include the return method (i.e., using an insured carrier) and any other conditions you require to guarantee that the work is returned on time and safely.
Extremely important is that both the artist and the buyer must sign and date the Bill of Sale to prove that both agreed with all the terms of the sale.
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| Sample of Artwork Bill of Sale |
2. COPYRIGHT CERTIFICATE
Supposedly, a copyright is automatically established the moment that the artwork is created. Nevertheless, by registering the work you will avoid or will make easier any potential legal disputes in the future, by providing a public record that serves as proof that the artwork is yours. Registering is simple and it can be done online with the Copyright Office. All you need to do is fill out a registration form on the electronic Copyright Office page and pay the fee.
Copyright is automatic and gives the copyright holder the exclusive right to:
- reproduce (i.e., make copies of) the work;
- create derivative works based on the work (i.e., to alter it);
- distribute copies of the work;
- display the work publicly.
Immediately after you create the artwork, you will have these rights. Copyright registration is not required (it only provides extra benefits). Also, you don’t need a copyright notice (i.e., © 1984 Mary Hamilton). Perhaps, you want to include language on the Bill of Sale that establishes who owns the copyright in the image, which is different from the physical work.
Example of a copyright term to include:
Copyright and Reproduction. The Artist reserves all reproduction rights, and the right to claim statutory copyright in the Work. The Work can not be painted, sketched, photographed, or reproduced in any manner without the written consent of the Artist.
Check Art Business Journal’s Legal Section to find detailed information, advice, and resources on all art law matters, including copyright and reproduction rights which are easy to understand.
3. CERTIFICATE OF AUTHENTICITY
You must have a Certificate of Authenticity for all finished artwork that is sold. This document serves as proof that the artwork is an authentic creation of the artist who has signed and dated it. Artists can write this document themselves.
A Certificate of Authenticity is usually issued when an artwork is sold at a gallery, and it is validated by a trusted third party. If you sell your work yourself, you can look into getting a third-party verification certificate from companies like Verisart (US) which creates secure digital certificates for art and secures them to detailed provenance records.
A Certificate of Authenticity is extremely important for an art collector who buys your works as a financial investment, and the Certificate of Authenticity will ensure that they are genuine, it can also be used in the future to value your estate for insurance purposes and any other legal affairs that may emerge.
A valid, essential Certificate of Authenticity must include:
- full title and the date of completion;
- detailed information about the medium used, including the type of paint, ink, clay, metal, canvas or paper used and their weight;
- dimensions both framed and unframed (if applicable);
- an extensive record of dates. Paintings and sculptures only require one date of completion. Prints and photographs require the date of completion of the original and the date of the print;
- the original signature of the artist, the copyright and reproduction rights statement, and a photograph of the work;
- although it is not required, the artist can decide to include a brief description of the work that describes the subject matter and any other information or comments from the artist.
The more information you can provide, the better. Moreover, detailed information will help the future archiving of your work.
4. DOCUMENTATION STORAGE
When you make a sale, create a paper and digital file to store all your trade documents. Make sure you keep a record of the purchase, and keep your files accessible in multiple forms, and multiple ways. Use safe storage both online, offline and on paper, and back up your digital files frequently (the Studio Protector from CERF+ is a good source to look at).
Your documentation can be created and signed digitally with e-signatures or via hard copy.
A great resource for art business documents is 'Business and Legal Forms for Fine Artists', a collection written by Tad Crawford.
Good luck!
Below are some helpful links:
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