Tuesday, March 26, 2013

Know Your Rights

Image use rights are a perennial topic of discussion among artists. Instagram’s faux pas a few months ago lost itself thousands of users and lost viewers the privilege of seeing some great (and not so great) work. It is important for an artist to take an interest in their image rights. Whether you are submitting your work to a publication, a gallery, or just putting it out on the web through tumblr, flickr, deviant art and the like, make sure to read and understand your rights. 99% of the time you won’t lose out on millions of dollars if someone uses your image, but wouldn’t you like to be prepared? Many galleries and photo sharing sites are not artist-friendly, and take ownership of all submitted images. In the interest of keeping artists informed, here is a breakdown of how The Kiernan Gallery addresses image rights:

1. Artists maintain ownership of their images.

2. By submitting to The Kiernan Gallery, artists grants the Gallery license to display any images selected for the show for the promotion of the show, or for the promotion of the Gallery generally.

3. The Kiernan Gallery does not retain any use rights to the unselected images after the conclusion of the show.

4. The Kiernan Gallery does not retain the image files submitted for the jurying process, nor does the juror keep such images.

5. If the artists choose to sell editions of their artwork through the Gallery, the Gallery will manage the transaction and remit the proceeds of the sale to the artist within a reasonable time period (usually by check at the conclusion of the show). The Gallery does not take a commission on submitted work, but maintains the right to negotiate 20% of the asking price in order to make a sale.

6. The Kiernan Gallery seeks to maximize the exposure and financial success of artists participating in the Gallery's shows, and may present other work by the artist to interested Gallery patrons.

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