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All posts for the month November, 2017

DON’T BE AFRAID TO PROMOTE YOUR WORK!

Published November 27, 2017 by Gail Daley Writer & Artist

Some of you may feel guilty about promoting sales of your work. For those of you who do feel guilty about telling friends, past customers, family and acquaintances “Hey, consider buying from me when selecting art for your home or office or buying a book as a gift, let’s consider a few things. Do you know what the 80/20 Rule is? Well it says that 80% of money spent locally stays in circulation locally. By promoting the idea of buying your art, you are contributing to the health of your neighborhood! When someone buys art from you, they provide you with money, which you in return spend on groceries, rent, clothing and other stuff (which hopefully you also bought in a local business!)

Sales tax spent with you supports local infrastructure, police, fire and schools. Money stays with the community when spent in local businesses. The Tax Policy Center: (click here for the entire article), says, “Local governments received transfers from both the federal and state governments equal to about one-seventh of total revenue. From their own sources, they collected about $700 billion, or 17 percent of all government revenue.” When your friends and family buy from you, they are helping to return money to their local economy, so you should feel no hesitation in pointing out to them that your work can be a resource for their decorating projects!

Spending money locally shows pride in their community culture and local products. As a person who lives in the area you are more apt to locally recirculate money your friends’ family and acquaintances spent with you on your art in the form of purchases from other local business, thus supporting the local work force. When you give some of that money to local charities, even if it is just the local boy or Girl Scout troop, or maybe the local food bank, you are keeping money spent with you in movement. It’s a fiscal circle that keeps people working to make the stuff they and others buy.

“I’m an artist/writer, not a business person”, you shout. Well, I hate to break this to you, but anyone who wants to sell his or her art or books is in business. According to Wikipedia, “a business (also known as enterprise or firm) is an organization or person engaged in the trade or sale of goods, services, or both to consumers”. Q.E.D. Business is NOT a dirty word. Businesses allow us as consumers to buy food, clothes, and gas. It allows us to find a place to live (real estate sales and rentals), and most likely it employs a lot of us who are not fortunate enough to be able to make a living selling our work. OOPS! There is that word “sell” again.

Local Business Can Support Local Artists and Writers

  • Local business can provide a mutual support base by being willing to allow artists and writers to display their work for sale in their stores and offices. The artist or writer will come in to see their art and most likely buy something from the business. They will also promote the business by telling their sphere of friends and family about having art or books on display in the business and urging them to come and see it.
  • Allowing creative people to promote shows, book signings, sales and event by displaying flyers in local business helps develop a mutual dependency.

Local Artists Offer

1 on 1 personal contact with artist/writer
Cachet to

Home/office

Unique Versatile gifts for each individual
Mutual

Support Base

Buy Art

or Books From Local Writers  & Artists

and artists

What value does the community receive when they purchase art from a local artist rather than from a national chain store?

  • Well-made handcrafted items give a cachet to their office, home and gift giving. When giving gifts it shows the buyer not only thought enough of the person receiving the gift to take into account that person’s personal tastes, but also took the time to check the gift out carefully.
  • Buying art and books from local artists and writers gives the opportunity for a one-on-one personal experience and gives buyers an opportunity to develop a personal and professional relationship with the artist or writer.
  • Books and Art are individually created unique, versatile items. Why buy something indistinguishable from what everyone else is buying?

What YOU As The Artist Or Writer Can Do To Promote Sales In Your Neighborhood This Holiday Season:

  • Remind past clients, friends, and family, church and organization members that you are a resource for buying holiday gifts or décor items.
  • Offer items for sale as “Sales specials”.
  • Offer a bonus or discount off a future purchase if the buyer refers another buyer who actually purchases your work. This type of promotion is done all the time in other industries; it is sometimes called a “referral commission’. No money is actually paid until the other buyer makes his/her purchase and mentions the name (or brings in a coupon) of the referring buyer.
  • Artists can adapt some art into small affordable reproductions (cards, small prints, puzzles, ornaments, cups, etc.) for sale at a holiday boutique or Studio Open House.
  • Writers can arrange book signings at local boutiques, stores or other holiday events.
  • Send past clients, friends and neighboring businesses postcards showing your work and invite them to view it in person at a local book signing, show or gallery.
  • Take advantage of the local Art Scene by inviting a selected few to come with you on Art Hop nights and show them to galleries where your work is being sold.

DO I NEED INSURANCE?

Published November 20, 2017 by Gail Daley Writer & Artist

If you have a professional studio or gallery outside your home you probably will need additional coverage for fire and theft for that space. If you have events (open gallery nights, art shows, classes, etc.) then you will probably also need liability insurance to cover anyone attending events there. You should discuss the amount of coverage you will need with your insurance carrier.

DO I NEED ADDITIONAL COVERAGE IF I AM WORKING OUT OF MY HOME?

The answer to that is maybe. Unless your homeowners insurance has an exclusion forbidding you to work out of your home, you probably are covered for fire and theft since the art you create can be considered personal property. If you need to make a claim, the carrier will require documentation. That is why it is important to keep good records of what you painted. You should consult your insurance carrier as to how much they will cover for each art piece. Don’t make assumptions and get stuff in writing!

HOW DO YOU FIND AFFORDABLE ART INSURANCE COVERAGE?

Your regular carrier might not have contacts in this area; However, Local art groups have to carry event insurance for their art shows. Get in touch with them and ask for a referral to their insurance carrier. The carrier they are using may be a lot less expensive than someone unfamiliar with this type of coverage.

QUESTIONS TO ASK THE CARRIER

What protection do I as a vendor need for my art and my possessions?  What protection do I need if someone is hurt within my stall? What protection does the venue carry for fire, theft, personal liability? What about fire or other damage caused by an accident in another person’s booth that then adversely affects mine? Ask all the “what if” questions you can think of and then make your own determination about participating. Also, check into whether there is an insurance contract and what the terms of the contract may be before signing and have your own insurance agent look it over first as well as an attorney if there are things you don’t understand. Never assume, always ask for clarifications and get them in writing.

If you are displaying your art someplace like a restaurant, gallery or other space, most likely you will need to make arrangements with the owner regarding theft or damage to your art. My carrier won’t cover my art outside my home unless I want to pay big bucks, which I can’t afford. A lot of art shows carry riders to this effect also.

INSURANCE REQUIREMENTS FOR BOOTH EVENTS:

Questions concerning the actual amount and type of insurance you might need for a booth event (art fair, etc.) cannot be answered by anyone other than your insurance carrier. At a minimum you probably want some sort of theft and personal liability coverage but I don’t have any knowledge of what California requires or recommends. The venue holding the event may have requirements for coverage also; they may want a rider from your company naming them as an additional insured for the day of the event. Whatever their requirements are—get it in writing!

MURALISTS NOW NEED CONTRACTOR’S LICENSE

Published November 13, 2017 by Gail Daley Writer & Artist

Most states regulate construction contractors. In California, the Contractors State License Board (CSLB) was created to protect consumers by licensing and regulating California’s construction industry. Visual Artists and visual art does not usually come under construction laws, however there is one facet of the visual art world that does: Murals. Wikipedia defines murals as any piece of artwork painted or applied directly on a wall ceiling or other large permanent surface. For instance if you are invited to paint a mural on the wall of your doctor’s office and you were paid more than $500,  under California construction laws, you might need a Contractor’s License. Artists may not be aware that they could be violating California state licensing laws if they were paid more than $500 to paint a mural on a permanent structure i.e. a house or office wall, outside building, etc… The C-33 Painting and Decorating license section covers painting a mural on a permanent structure. Individuals who limit their practice to that of an artist could also be covered under either D-64 (non-specialized contractor designation) or C-61 (Limited Specialty contractor classification).  If an artist is paid more than $500 (labor and materials) to paint a mural on a permanent structure, they are subject to state contractor licensing laws under the Business and Professions Code Section 7026. As of this year, there still is no license classification for specifically for an artist painting art on walls or buildings, so artists are forced to apply for the general painting contractor’s license.

Requirements for C-33 licensing can be pretty stiff (and expensive); you must pass the state law and business exam in addition to the trade exam related to painting. Cost:  Initial app fee $300, App to add a supplemental Classification $75, Home improvement salesperson (HIS) registration fee $75, etc… Then it has to be renewed each year.  In addition to the license itself, CSLB always requires worker’s comp insurance on most projects if anyone but you do any part of the work. Then there are the bond requirements for a General License;  “D” class licenses on the other hand may be less expensive to obtain since potential contactors are only required to pass the law and business exams. However, the tests themselves are quite complicated and most potential contractors actually take courses designed to help them pass the tests (this is not free either).

I don’t know if this could affect you if you merely provided the design for a mural and didn’t actually paint it or otherwise install it. I also don’t know if this covers the donated designs.

According to the latest CSLB newsletter, an increased number of inquiries and complaints from consumers about licensing requirements for artists creating murals have caused the CSLB to tighten up on enforcement in this area so watch out for stings!

For More info: California State Licensing Board    Contractors State License Board Protecting and informing consumers and contractors about proper contracting.

 

 

http://hubpages.com/hub/Muralists-Now-Need-Contractors-License

I AM AN ARTIST SO WHY WOULD I NEED A LAWYER?

Published November 6, 2017 by Gail Daley Writer & Artist

It seems never to occur to most artists (with some notable exceptions) to have a lawyer look over the contract their new Gallery or licensing company wants them to sign. Why not? Well, a couple of reasons might be that the artist is just so thrilled to have an actual walk-in gallery or licensing firm offering to display or sell their work that the artist overlooks making sure their rights are protected, or that the artist simply can’t afford to hire an attorney.

There are several types of contracts an artist might be involved with.

A contract commissioning a piece of art.

A consignment contract with a gallery to sell your work,

A licensing agreement to sell prints, cards or commission work to be translated into other art forms (plates, tiles, textiles, etc.).

An agreement with an agent to sell or advertise your work.

An agreement with a venue (non-gallery) to display or sell your art.

Booth rental space at an event.

When are the times when you should have someone with legal experience take a look at what you are signing? Well, if you can afford it, anytime you want to be paid for your work, but if you are a starving artist, can you afford a $60/hour retainer? Probably not, however you do have some other options. If you ever find yourself in need of legal representation, you can try Lawyers for the Arts. Most states have either a volunteer lawyers for the arts organization or regular lawyers for the arts who if you ask for it will sometimes give you a bro bono consultation to see want you need.

Volunteer Lawyers for the Arts (VLA) is both a generic term for a number of legal service organizations located throughout the country. It is also the proper name of an organization in New York City, Founded in 1969. That organization is the oldest VLA in the United States. Many states also have their own non-profit organizations: In California, Bay Area Lawyers for the Arts (BALA) was founded in 1971. When BALA expanded to Southern California joining with Volunteer Lawyers for the Arts–Los Angeles, it was renamed California Lawyers for the Arts. There are more than 30 VLA programs spread around the states. Lawyers for the arts is not a single organization, but a network joined by similar vocations providing a range of free or low-cost legal services and educational programs to tackle the needs of artists and arts associations for all genres of art and artists

Each organization functions independently. Most of them are nonprofits  but some are affiliated with arts councils, arts service organizations, bar associations or business for the arts programs.

Several of the platforms include

  • Legal services through referrals and sometimes on-site consultations;
  • Some host legal clinics; alternative dispute resolution including mediation and arbitration;
  • accounting services;
  • Law student internships who are usually a lot less expensive to use and can overlook contracts;
  • Educational programs on topics like contracts, copyright, estate planning, taxes and nonprofit incorporation;
  • Most of them also carry publications on a broad range of issues.

In CALIFORNIA, if you are looking for an attorney, you can also go to: http://www.CaliforniaAttorneyReferral.com, or you can try someone from the list below:

Please keep in mind that some of the address and phone numbers may have changed. Since I have never used any of these firms, I have no idea of their quality, fees or abilities.

Even if you don’t see the need to have legal advice on every little thing, there are some issues you need to make sure are covered in any contract you enter into.

  • If this is a commission sale, when is to be completed and how soon afterwards are you paid?
  • Is the Gallery or Agent requiring exclusive rights?
  • When are payments due from consignment sales?
  • How long does the consignment last?
  • If there is a reception who pays for it?
  • Who hangs the art?
  • If the hanging causes damage who pays for the repairs?
  • If the gallery or venue goes out of business make sure your art cannot be considered part of the gallery assets or they could be sold to pay business debts in which case you won’t receive any payment for your work.

Disclaimer: The information in this blog is for general information purposes only; it is not intended to be tax or legal advice. Each situation is specific; consult your CPA or attorney to discuss your specific business questions.

 

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