ARTIST AGREEMENT

INTRODUCTION
Artist contracts and other formal provisions in a relationship may help prevent conflicts and
misunderstandings. Agreement plays a significant role in any work of art, e.g. When
organising an exhibition, whether temporary or on a trip, it is necessary to have a formal
agreement or contract with participating organisations, artists and presenters so that there are
no issues, Since owners may refuse to offer money for the artwork and may refuse to do his
work as well as the artist. They are written to define specifics of the work to be carried out
and the anticipated performance. Formal arrangements provide a common reference point for
all parties on their particular roles and obligations.
Contracts should clarify the particulars of an exhibition’s content such as:
• Name and address of creditors and lenders,
• Descriptions of the work to be lent / borrowed,
• Travel and insurance plans,
• Reporting procedures to be carried out on time,
• Frame time,
• Settling issues,
• Big Force,
• Covenants on copyright and recording,
• Timeline for payment on demand work.

IMPORTANCE OF AN ARTIST AGREEMENT

An artist may be viewed as an employee, therefore it indicates that the contract

includes an employee. There is only one contract in mutual relationships. An artist
always gets a contract and the terms of the agreement are always essential to make.
The agreement is the secret to showing how significant the contract is.
In an artist's situation, having a good contract is very necessary for them, on which
they can rely. The career of an artist is based on a good contract, therefore having a
good agreement is very important for an artist. Contracts aren't always solid and
might not protect you at all. But, a good contract often covers both sides of a party. A
contract for an artist is often based on a lot of demands. When listening to a storey,
there are several sections in which the artist hesitates to do it and refrains from doing
it himself or herself, but it cannot be taken into account unless it is stipulated in the
contract. This prohibits the performer from doing an act he or she wouldn't like. This
illustrates how a contract plays an important part in safeguarding an artist's rights and
interest. The artist should create a solid contract in such a way that to prevent
disagreements, he can employ a lawyer to deal with the legalities of the artist
agreement. The contract should be written because a written contract gives you more
clarity as opposed to a verbal one and should be simple enough for all to understand.

CONTENTS OF AN ARTIST AGREEMENT

There are some important terms and conditions or contents that should be
followed by any art worker or artist to come to an agreement they are:

Bio Data of parties

A bio or an introduction is absolute evidence of any person to the world and in this
case the bio proves that it is you, as a party legally bound by the agreement. Bio data
is the first entry to any agreement that includes your name, address, business, email,
telephone number etc. Therefore, learning about the parties involved is very important
to a bio.

Terms and conditions of the project

The second condition briefs you about the unique project for which the contract is
being drawn up. It also briefs on the respective duties and obligations that the parties
are expected to fulfil. All the conditions are set out in detail. It includes all the
requirements that cover any element that can be taken into account in project
execution. In addition to the duties, the contract defines such rights for persons where
they may exercise their rights in the event of any loss or harm suffered by the
individual or in the event of violation of any of the contractual conditions. Besides
that, it also puts the requisite restrictions. The terms and conditions differ by project
individual.

Duration
The timetable of a project is as critical as the terms of a contract. The artist cannot be
held responsible for a deferred work contract given to him unless the client has made
such a time-barred condition beforehand. The venue host cannot deprive the artist of
his payment or any other compensation due to his delayed performance in the event of
a show that is to be kept in an enclosed environment, and no time-barred condition
was present.
Payment conditions
Payment should be made as stated in the agreement. If the payment and dues were
first set up so there will be no confusion. In this clause itself all dates for particular
payments must be listed. Often to be included in this provision is the payment system
choices, such as payment made in cash or checks or credit, of the artist or the client.
In addition, this provision should also be added to the sum to be earned by side
performers such as the vendors, venue hosts and other agents for their role in project
execution.

Artist’s right
This provision is included for the performing artist's protection, so that his
constitutional rights are not infringed in any way while the project is underway. And
as regards the protection of the artist we have safeguards under intellectual property
rights to cover copyright issues.

Acceptance to the agreement

This clause comes into force when the parties agree to the agreement with the terms
of the agreement followed by the names, signatures and dates on which the
transaction will take place.

Involvement of third party

If there is any particular case where the third party is involved and there is a time gap
due to the third party then the designer will not be held responsible for any damages
caused during the transit or due to the third party's shipper's delay.

Claims period
If there is some arrangement between two parties and a party agrees to give the
project within ten days but refuses to do so then the damages should be paid. Failure
to make such an argument within the specified time shall constitute irrevocable
approval and acknowledgement of conformity with the terms, conditions and
requirements in their entirety.

Cancellation
If there is some condition that occurs from some form of conflict that will result in the
cancellation of the agreement. Besides, if the deal is cancelled, the artist should not be
harmed in any way, then an advance payment should be made to the artist so that the
time and effort for the specific project is not lost.

Protection of an artist from his work

In general, an artist has the right to shield his original work from the entire world
under the copyright law, and to prohibit it from being copied or used without the
permission of the artist. The production may be something related to a particular art
such as music, painting, any video or so on. Artists are either paid to create the work
by a client, or create their own work. Typically the artist stands as a freelancer or
independent contractor in a client-assigned job which means there is no employer-
employee relationship between the client and the artist. Since the artist is an
independent contractor, he is entitled to all the rights to his work, unless the contract
includes any contractual condition referred to in the contract clauses.
PROVISIONS TO PROTECT THE ARTIST’S WORK

All artists need to know how their intellectual property rights, including copyrights,
advertising rights, moral rights, can be secured. In doing so, the artist financially
profits and enhances his legacy. The aim of an artist right is to help it's artist members
achieve those goals.

However, without his permission, people can illegally download and copy artwork.
This is why preserving the words, videos, music and movies you place on the internet
is really important.
This knowledge is useful if the internet is used in the following ways:
● Displaying his works of art on websites
● Sharing his films or videos

● Using the words , images and information of other people in his own work

● To blog or write your thoughts, comments or ideas on the websites

● To ensure that there should be a copyright, and when publishing or trading his
work to others, he should be patient.

CONCLUSION
In my opinion, many of the professionals assume that the agreements can only attach
for those items that we use in our everyday life, but there are still certain agreements
and contracts that depend on the works of the artists. The people should also be aware
of this, since many of them can steal our copyrights on our artwork. We should know
the laws behind the agreements between the artists.

REFERENCES
www.artistworks.com
www.oxfordhandbooks.com
www.bussinesslaw.com
www.blog.ipleaders.au

CH.SATHVIKA
GITAM SCHOOL OF LAW