This Post is by Lori Woodward Simons, Regular contributing writer for FineArtViews. You should submit an article and share your views as a guest author by clicking here.


When I was a very young girl, Neil Sedaka had a hit recording, Breaking Up Is Hard To Do. Most of us know how traumatic a breakup can be in a human relationship, but breaking business ties with a gallery can be "hard to do" as well.

For most of my professional painting life, it's safe to say that I've had good relationships with my galleries, but there have been a couple who were downright abusive in a business sense. In any other career, these folks would have been reported to the better business bureau, but for some reason - in the art world - gallery dealers can, and do get away with practices that would be illegal in say, the real estate business. For example, if a real estate agent sells a house for more than the seller priced the house at and keeps the difference, that agent could go to jail. Likewise, if an agent says to the seller, "Bottom line, what do you want for the house when all is said and done?", and then the agent prices the house at a much higher price and makes more, that is also illegal.

When I first started working with gallery dealers, I didn't know any better. I let one of them talk me into stating what I wanted for a painting. The gallery owner then proceeded to sell my painting for 3 times the amount and kept the difference. How did I know this? Later, I got to know someone who had considered buying that painting. She told me what the gallery's price had been.

As time went on, the relationship with that gallery deteriorated further. She would not answer any of my phone calls, letters or email. I had no idea if she had sold my remaining paintings or not. Believing that my husband would have more clout (I have a childlike voice), I had him call several times, but the gallery owner was continually unavailable. This went on for almost 2 years.

It turns out that one of that gallery's top selling artists is a good friend of mine. She decided to risk her reputation with the gallery to stand up for my rights. She told the art dealer that if Lori didn't get paid for her paintings or get them returned promptly, she (the artist) would leave the gallery. This artist friend sold over $30,000 worth of paintings annually there. Interestingly enough, I got my paintings back within a week, with payment for several that had sold.

Just in case you're thinking I'm "anti-gallery", just look at my post Why Galleries Rock. Again, I have had wonderful working relationships with galleries. On the other hand, how does an artist know when it's time to break the relationship? What are the warning signs that let you know you've signed up with a deadbeat gallery?

1. You suspect that they're cheating. You may laugh at this statement, but there is something to be said for artists' intuition. My good gallery owners never had any excuses. They paid on time every time and were always glad to let me know a painting sold. Everything was out in the open and they were approachable.

2. You have difficulty contacting them. They become "conveniently" unavailable. You begin to suspect that they're hiding something. You hope that's case. However, I've learned to let my suspicions be my guide. While it's not wise to hound your gallery dealer, if you haven't been able to talk to them on the phone, email or in person for a month or more, you can bet there's a reason why.

3. You know you've sold a painting, but haven't received payment. Normally payment occurs within 30 days after the sale. One gallery I worked with locally had an excuse about why they couldn't pay me - for every painting I sold. Okay, sometimes there are problems, and if the gallery owner is open with me about financial problems, I may be willing to work things out until they get over the tough times. But when there is an excuse every time, I begin to wonder if I'm being lied to.

4. The gallery sends you checks for less than your stated price. Often they'll say they gave the buyer a discount. I ask that the gallery never give a discount unless I am contacted first and approve. If I agree, the discount should be shared equally by the gallery and me. I've had some galleries take the discount fully off of my percentage while they get their full 50%. What artist would put up with that for very long? Not I!

I've heard it said that working with a gallery is like a marriage, but if that were true, then I'd be part of a harem. It's not a marriage but a business relationship. Isn't it time that we artists demand respect and fair business practices? Communications should remain open, and neither the artist nor the gallery dealer should sneak behind the others back. Yes, I know that artists can be just as shady as gallery dealers. So we should be totally professional in our dealings as well. Honesty and integrity must be apparent from both sides.