Artists – Know Your Rights Before You Consign!

If you want your work sold in galleries, you’d better know your rights, first! Don’t miss “Understanding Artists’ Rights in Dealer Relationships” on May 29th from 6:30-8:00 p.m. in Kellen Auditorium, presented by The Parsons Institute for Intellectual Property (PiiP), in partnership with the Art Law Committee of the New York City Bar Association.

Recent events, such as the bankruptcy of the Salander-O’Reilly Galleries, have highlighted the need for artists to protect their ownership rights in works of art they consign to galleries for sale, and to be especially vigilant in ensuring that they receive a timely accounting and the proceeds from the sale of their consigned works.  The panel will address how artists may best protect their interests through a written agreement, and how certain rights and remedies are conferred upon artists in the New York State Arts and Cultural Affairs Law.  An agreement is an important tool for clearly setting forth the rights and obligations of an artist and her dealer.  It also enables the parties to manage their expectations as they enter into a relationship.  The NY Arts and Cultural Affairs Law applies to dealers and artists in New York regardless of whether they have an express agreement, but it addresses only some of the parties’ rights and obligations.

Points to be discussed will include:

  • What terms should be included in an artist/dealer agreement?
  • What rights does an artist have when a gallery sells an artist’s work of art and fails to deliver the sale proceeds to the artist?
  • Are there any tools available to alleviate the substantial legal fees an artist might have to incur to enforce his or her rights?

The panel will be comprised of attorneys who are members of the Art Law Committee:

Michael Lee Hertzberg has maintained a law practice in Manhattan for the past thirty-five years that has included the representation of visual artists, art galleries, private dealers and collectors concerning transactional matters and litigation.

Dean Nicyper is a Partner at the law firm Flemming Zulack Williamson Zauderer LLP, and heads the Art Law practice there.  He has worked with auction houses, galleries, museums, artists, collectors and dealers in art-related disputes and transactions for more than 17 years.

Joshua Lipsman, (JD, MD) will be the panel moderator.


May 29, 2013
6:30 to 8:00 p.m.
Parsons The New School for Design, Kellen Auditorium
66 Fifth Avenue, New York, NY. 
 This event is open and free to the public.