Art publishing contracts - clarity for artists and publishers

Art thrives on being seen and shared. However, in order for paintings, sculptures or graphics to be exploited in a commercially viable way, a reliable legal basis is required. This is precisely where the art publishing contract comes in. It regulates how works may be reproduced and distributed, which rights artists retain and which rights a publisher assumes.

Why an art publishing contract is important

Many conflicts arise from a lack of agreements: Is a publisher allowed to print a certain number of copies? Does the artist's name always have to be mentioned? How high is the remuneration and how often is billing done? Such questions can be avoided by drafting clear contracts in advance - to the benefit of both sides.

Typical contractual points at a glance

• Rights of use: Should the publisher receive a simple or an exclusive right? Does this only apply to Germany or worldwide?
• Edition & Edition: How many copies can be produced? What happens to the remaining copies?
• Remuneration: Lump sum, participation in sales proceeds or settlement via VG Bild-Kunst?
• moral rights: Attribution, integrity of the work, consent to changes.
• Term & termination: For a limited or unlimited period? What notice periods can be used to terminate the contract?

Tips from the field

• For artists: 
  • Make sure that your moral rights are expressly preserved.
  • Check whether the Remuneration appropriate and whether you are entitled to specimen copies.
  • Clarify in advance: is your art to be used in a certain (political) context? Context not be used?
• For publishers: 
• Ensure clarity about the number of copies and the geographical scope of the rights of use.
• Check whether exclusivity is necessary or whether a simple right of use is sufficient.
• For both sides: Record agreements in writing and avoid unclear formulations.
• A clear contract creates trust and planning security.
• It creates particular trust if the mutual notes (including telephone notes, e-mails, chat messages) are compiled for the conclusion of the contract and a Joint investment bundle to the contract. This can also be done digitally.