ARTSMART CERTIFICATE OF AUTHENTICITY p.164

A certificate of authenticity can offer peace of mind to an artist and collector at the end of a sale. This is a document issued by your studio on letterheaded paper (if you haven’t had a letterhead designed, do it!). It looks very similar to an invoice. It contains the details of the piece, usually an image and any detailed instructions about the artwork, the artist’s signature, the artist’s wishes on installation, and specifications and/ or limitations on how the work should be displayed. For example, if the work is a digital projection installation, the artist can stipulate that the collector should not loan it to more than one place at a time.  

 An artist shouldn’t issue a certificate of authenticity until they’ve been paid by the gallery, institution, or collector. 

While it’s not legally binding, it provides extra validation for maintaining the integrity of the work. 

Historically, certificates of authenticity were issued mostly for editions, photographs, installations, sculptures, and digital works because they can’t be signed in a traditional way, or might be multiples, or there may be conditions for how the work is presented. It might also stipulate the artist’s copyright over the work. Certificates of authenticity have also been used when there’s no “there” there, meaning there is no tangible exchange between the artist and collector. For example, Sol Lewitt’s instructions from the artist to the collector indicating how the lines are to be installed, what  materials to use, and what colors are allowed. The  certificate, signed by the artist, provides the only validation that this is an authentic Sol Lewitt piece. 

Certificates of authenticity can be used by the artist to assert their right to payment. I’ve seen instances where an artist doesn’t get paid by their gallery, or is paid but only after a significant delay. In this instance the artist can hold back a certificate of authenticity until they see the money that they’re owed. If that same artwork at some point gets authenticated by an outside appraiser, they will ask about the certificate of authenticity. If other works in that artist’s oeuvre have certificates and this one doesn’t, then the authenticity of that piece might be called into question. 

 These days, certificates of authenticity have become more common for all types of artworks. The ArtSmart Certificate of Authenticity, which you will find in the toolkit, adds extra power for getting funds into the artist’s hands, and assuring the collector they’ve bought the real thing.  

The ArtSmart Certificate of Authenticity is another way to keep your autonomy. Don’t leave this type of validation up to a gallery or representative— ensure certificates are only issued by your studio with your signature. 

Abstract geometric painting featuring large circles divided into sections with purple, black, white, gray, blue, and orange colors.
ArtSmart Certificate of Authenticity

Instructions

  • Step 1: COPY AND PASTE into your own Document

    Step 2: READ the full document so you know what you need to think about and change

    Step 3: HIGHLIGHT the changes that need to be made

    Go line by line and make sure to update all of the items that are relevant to you.

    TERMS OF THE CONSIGNMENT SHOULD INCLUDE:

    List of Artwork

    Title, date, medium, retail price, your inventory number and an image of the work. This information identifies the work without a doubt.

    Time Period of Consignment- A beginning and ending timeframe. This could be exact dates or simply state that the consignment ends a certain number of months after the closing date of the exhibition. The period can go on in perpetuity, and there can be open-ended consignments. But I think there should always be dates as it allows you to have more control over your inventory.

    Commission Split - This is how much money you will get from the proceeds of the sale and how much money the consignee will keep. This is typically 50/50.

    Discount Split- This is how much a discount to a buyer you are willing to split with the gallery. Typically, artists share a 10-15% discount. Anything above that, you can stipulate, you either will not share the discount or you would prefer to be consulted before the sale is complete. A gallery can argue for exceptions within specific contexts.

    Production Split- Almost every artist incurs expenses associated with making their work. It has become customary that if you track these labor and material expenses and communicate the information in a timely manner, the gallery will split these costs with you. As mentioned elsewhere (other than for painters!), this is usually a 50/50 split.

    Production Cost Reimbursement- Specify if you want production costs to be paid up front. For example, if you are unable to front the production costs 100%, then specify that once a commitment is made to an exhibition or fair, that you will invoice for 50% of the production up front.

    Image Access- Galleries and institutions typically have their exhibitions photographed professionally. You should absolutely take advantage of this free photography and request hi-res copies for your records.

    Photo Credit- When there are printed materials associated with the exhibition, it’s important to have your name credited alongside the photograph of the work. The photographer should also be credited.

    Name of Collector & Location- Stipulate that you would like to know who buys your work and where the work will be located. This is important for your database, for future sales, and future exhibitions, because the prominence of a private collection can help sell your work. If your work is in a museum collection, that’s even better. Also, it’s important to know where your work is located and who owns it so you can contact them for exhibition loans.

    Insurance Coverage- When your work is being consigned, the consignee must insure the artwork ‘nail-to-nail.’ This means that from the time someone comes and picks up the work, through shipment, during the exhibition, through return shipment, and back to your studio (if the work isn’t sold), it’s completely covered and protected by the consignee's insurance.

    Transportation Costs- All costs associated with packing, crating, and shipping the work, including the return shipment, are the responsibility of the consignee.

    Damaged Work- All costs associated with packing, crating, and shipping the work, including the return shipment, are the responsibility of the consignee.

    Special Terms

    Exhibition specifics- Where the work can be shown (or not shown), for example at a particular art fair.

    Installation Specifics- If the work is to be displayed in a certain way, with equipment requirements (e.g. projected or on a monitor) or on display with no other works near it.

    Representation & Exclusivity Clause - add in new language

    Step 4: NEGOTIATE

    As I’ve mentioned in the book, all agreements and contracts are negotiations. Make sure you negotiate and get what you need. This is the time to send up any red flags. Don’t leave important relationships up to a handshake, get everything you want and need in writing.

    Step 5: SIGN and GET A COUNTERSIGNATURE

    Don’t rush and forget the last step. Sign the agreement and make sure you receive a countersignature. Save this in your database or your filing system.