Question Hi, I hope you can help me with a question I have. It's a bit obscure, and I appreciate any help you can give me.
I am a uk artist,and am having problems with one of the galleries who I sell work through. For four years the gallery has been selling prints of my work. The gallery paid for all the photography, production and printing of the work, meeting all the costs, at no expense to myself and I was paid an agreed amount per print sold. There was no written contract, only a verbal agreement with the previous gallery owner - who has now been replaced.
To cut a long story short, things haven't worked out successfully under the new ownership and I am now ready to call it a day with this gallery. I am going to ask them to stop the print run and settle up with me for any money they owe me. I would also like to have the artists proofs from the print run.
The question I have is: Bearing in mind that the gallery funded the production of the prints, who is legally entitled to ownership of the artists proofs - me or the gallery?
I appreciate any help you can give me.
Regards,
Neil N.
Answer Hi Neil,
This is a classic case of why artists and others need to have a written agreement. So next time you will know that it is imperative to do so.
I am not an attorney nor do I live in the UK. If I were you I would consult with one immediately. I would also contact the previous owner and get their statement regarding your arrangement. But do contact an attorney.
My gut feel is that you are entitled to the proofs. However you can not assume that this is true because your dealings have all been verbal, In the USA it is my understanding that a verbal contract is still binding. In your case I do not know.
