Photographers often lease artwork to businesses or sell photos on
consignment. But if the business or gallery goes bankrupt, your photos
may become part of the bankruptcy estate. The creditors of the business
or gallery then may seize your work without further obligation to you.
Some states have enacted laws to protect photographers in these
specific instances. For example, the Uniform Commercial Code [“UCC”]
has been enacted in some form in every state. Check with your local
attorney to determine whether your state has adopted the specific UCC
provisions that will protect your consigned goods from being seized.
Other states have passed laws purposely to protect consigned goods.
Many of them require the consignment agreement to be in writing.
Following are some necessary and other helpful items to include in the
agreement:
-who is responsible for damage to the photographs
-prices to charge for the photographs
-specific list and description of the photographs being consigned
-the gallery's fees and responsibilities
-the requirement that the gallery post a sign that the goods are
consigned
It may also help to include a clause in the consignment contract that
states: “If any lien, attachment or bankruptcy petition is placed against
the Gallery, this Agreement shall terminate immediately and the Gallery
will return all of the Photographer’s works to the Photographer.?If the
gallery files bankruptcy or becomes insolvent, get a lawyer to help you
protect your property.
Take my advice; get professional help.
PhotoAttorney
Copyright 2005 Carolyn E. Wright All Rights Reserved
