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The Artist / Art Dealer Relationship: Poisoned flowers and the business of art

by Brian Sherwin on 3/13/2012 7:57:37 AM

This article is by Brian Sherwin, regular contributing writer for FineArtViews. Brian Sherwin is an art critic, blogger, curator, artist and writer based near Chicago, Illinois. He has been published in Hi Fructose Magazine, Illinois Times, and other publications, and linked to by publications such as The Huffington Post, The Boston Globe, Juxtapoz Magazine, Deutsche Bank ArtMag, ARTLURKER, Myartspace, Blabbermouth, Milwaukee Journal Sentinel, Conservative Punk, Modern Art Obsession, Citizen LA, Shark Forum, Two Coats of Paint, Vandalog, COMPANY and Art Fag City. If you want your blog posts listed in the FineArtViews newsletter with the possibility of being republished to our 18,000+ subscribers, consider blogging with FASO Artist Websites.  Disclaimer: This author's views are entirely his/her own and may not reflect the views of BoldBrush, Inc.. You should submit an article and share your views as a guest author by clicking here.


I was reminded recently about a story involving Cleopatra VII Philopator -- the last pharaoh of Ancient Egypt -- and her Roman lover, Mark Antony. The story involves the distrust that Mark Antony had for Cleopatra -- and the fear that he had for her knowledge of poisons. I can't verify if the story is based solidly on historic fact -- that said, there is a lesson to learn from the tale... a lesson that artists can learn from when partnering with art dealers.

 

Cleopatra was known for being an expert at mixing poisons. She had knowledge of ancient traditions involving 'magical' concoctions -- and was known to test her knowledge on slaves. As the story goes, Mark Antony -- though he had love for Cleopatra -- was wary of her knowledge (and of the fact that she would easily sentence someone to death over the slightest insult)... so much so that he would only dine with her if a taster was present. Needless to say, the ruler of Egypt was not very fond of the fact that her lover distrusted her. She decided to teach Antony a lesson.

 

On night, after a private feast, Mark Antony had a taster sample the wine that Cleopatra had ordered from her servants. After time passed -- and the taster lived -- Antony decided to enjoy his wine. It was at this point that Cleopatra took a flower from her headdress and tossed it into Antony's wine cup. She asked Mark Antony to take a drink as a sign of his love for her. The seductive nature of Cleopatra -- and the fact that a taster had already shown that the wine was 'safe' -- convinced Antony to comply with the demand of his lover. Cleopatra's lesson was not over yet.

 

Mark Antony -- wine cup in hand -- started to raise his drinking arm... eyes locked with those of his exotic lover. Cleopatra -- still gazing into Antony's eyes -- placed her fingers over her lovers lips before the cup reached its destination. She slowly took the wine cup from Antony while ordering her servants to summon a prisoner. Cleopatra had planned the scenario in advance -- thus, the prisoner arrived within moments. By this point her Roman lover was extremely confused.

 

Cleopatra, still looking deep into Mark Antony's concerned eyes, ordered the prisoner to drink from the wine cup. The obedient prisoner complied with the order -- and collapsed within moments of taking his first sip. Cleopatra explained everything to Antony as the life drained from the prisoner at their feet. Still looking into Antony's eyes, Cleopatra said, "The flower was poisoned. If I wanted to kill you I could accomplish it despite your taster". Mark Antony had learned a harsh lesson about trust and distrust from Cleopatra -- and he knew that the lesson went beyond just the use of poison.

 

From that point on Mark Antony no longer requested a taster when dining with Cleopatra. After all, if she truly wanted to destroy him she could do it with or without poison. With just one command she could order his death. She had not done that yet -- and had no plans to do so. He had dined with her nightly -- and was still alive. Perhaps he was wary due to the lethality of her reputation alone -- or the fact that he was in a foreign land in which she held great power. The point is that there was trust between them -- but he had blocked himself from fully accepting it. Because of that he had been acting like a fool in her eyes. Cleopatra's lesson was extreme -- that said, Antony had learned from it... and was more apt to trust her from that point on.

 

How does this story -- told from one generation to the next... passed on for centuries -- relate to artists and art dealers today? I'll explain. I've known artists who go into any artist / art dealer relationship with the idea that at any moment their art dealer may backstab them professionally or personally. Point blank -- their extreme caution gives birth to rampant paranoia... all because they fear (just as Mark Antony in his relationship with Cleopatra) the power of their partner. This extreme distrust must be widespread when one considers how often art dealers are viewed negatively among artists in general.

 

Business-wise one should always be cautious. That said, caution does not mean that one should automatically assume that his or her business partners can't be trusted. The artist / art dealer relationship IS a business partnership -- a business partnership that will likely fail if one or both parties goes into the relationship with the burden of extreme distrust (the same can be said of relationships in general). The business of art is difficult enough -- it is not a place for professional paranoia, if you will. I suppose my point is that artists should give art dealers the benefit of the doubt until extreme concern is warranted.

 

The hard truth is that once a business partnership is firmly established between artist and art dealer all the defense mechanisms in the world won't protect the artist from a deceptive art dealer (or an art dealer from a deceptive artist for that matter). Point blank -- if your art dealer plans to deceive you -- he or she will. It is what you do after the fact that matters. If you are sitting around waiting for negativity to happen -- it may happen... and you may be slightly more prepared for whatever goes wrong (not a fun way to tackle life) -- OR you will just end up stressing yourself out for no reason (which will likely strain the business relationship even if the art dealer is not aware of your fear).

 

With the above in mind, embracing professional/personal barriers when not warranted CAN -- and most likely WILL -- distance you from what would have otherwise been a good business relationship for all involved. Point blank -- stop expecting to be 'poisoned' unless there is a reason -- outside of fear -- to be concerned. Trust that your art dealer trusts you -- and trust that if he or she does plan to deceive... there is not much you can do to prevent it from happening (the same goes for art dealers when dealing with artists -- it goes both ways folks).

 

If you are going to approach all art dealers with distrust and skepticism... perhaps you should focus on marketing art alone. After all, the artist / art dealer relationship will be emotionally -- and perhaps, physically -- draining if you assume the worst at every turn. The other option is to be rational and realize that not every art dealer is 'out to get you' -- no matter how many horrible stories you have read about art dealers. Have I known 'bad' art dealers? Yes. I've also known art dealers who were treated badly for no other reason than fear.

 

In closing, living in constant fear of being 'backstabbed' by your art dealer won't help much when, and if, the moment arrives. Be cautious -- but don't become a servant to unnecessary fear. Don't let that fear control you. In other words, don't expect the worst when in reality you are in a good situation -- and should be enjoying yourself. That is what Cleopatra taught to Mark Antony in their relationship/situation -- and it is a lesson that we can learn from. Enjoy the wine.

 

Take care, Stay true,

 

Brian Sherwin



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Topics: advice for artists | Art Business | art gallery tips | Brian Sherwin | FineArtViews | inspiration 

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 25 Comments

Mike Kelly
via faso.com
Excellent advice. The artist only needs to be burned once to learn what they should have done before they join any gallery.

Cold call the artists that the gallery represents, call a competitive gallery and one artist from the competitive gallery. What you want to hear is, "They have integrity, you will always get paid in thirty days."

Even then, send friends to the gallery to make sure your work is on the wall and the gallery representative knows how to sell and differentiate your work. A 50/50 split means just that.

Don't approach a gallery with your "Begging Bowl" in hand.
Have a list of questions for the gallery. The best relationships are
decided before you submit your work by visiting the gallery as a collector. See if you even like the people before you leap.

Regina Valluzzi
via faso.com
Brian,
You make some interesting observations. I've been surprised and sometimes taken aback by the way some (not all) artists perceive dealers and the dealer relationship. In many ways their descriptions mirror entrepreneurs talking about VC's (venture capitalists)! I've dealt with a number of VCs, good and bad. Let's see if any of that acquired wisdom translates?

In both cases there is a perceived asymmetry of power and information in the relationship. For VC's this is somewhat true, but art dealers?

Perhaps a few super-powerful dealers at the tippy top of the art world food have so much power to make or break careers that fawning paranoia seems appropriate. However I don't think those dealers attained their position by doing nasty things to artists.

As for the typical dealer, it's a business relationship - between TWO businesspeople. There are some general pearls of wisdom for entering any negotiation or partnership. The first is that each party must bring something to the partnership that is valued by the other. Each brings something that is difficult for the other to create on his or her own. And each should be aware of the value being exchanged on both sides. An honest representation = a friendly partnership. A skewed or "Spun" representation of respective value = a tense relationship. This is pretty basic.

Someone who knows what he or she brings to the table has no need for paranoia. You know what you're worth? Got proof? Getting a bad vibe and feeling pushed around? Your gut is telling you something.

Someone who places their entire career and future in the hands of someone else (a patronizing VC or perhaps an art dealer) --- well, yeah be paranoid if you've given up all of your confidence, self-determination, and bargaining power. But the paranoia won't help at that point.

Kenn Jensen
via faso.com
Brian,
Not having dealt with a dealer before can you give some advice on the best way to form a good working relationship with the dealer who wants to sell your work? Are their certain things to look out for and is there a good contractual way of going about it. I know I am showing my ignorance in the matter but could you offer some good advice in the matter.


Brian Sherwin
via faso.com
Kenn -- As Mike suggested... one of the best things you can do is build rapport with the art dealer prior to exploring representation. Attend exhibits at the gallery, get to know as many of the represented artists as possible (trust me, if something is amiss with the gallery you will likely hear about it), see if you can build rapport with artists formerly represented by the gallery in order to get their opinion about the space, ask them questions... etc. That kind of research can be helpful to do prior to taking the leap.

Regina made some good points as well. The art dealers that 'cheat' artists normally don't have successful galleries. So in that sense... you want to look for galleries that have existed for at least five years. If the gallery has reached the five year point (I'm not counting vanity galleries) it has likely built a reputation that you can research easily. Most small businesses go under within five years... so if the gallery is still open at year six -- it is a good sign that the art dealer knows what he or she is doing.

As for contracts -- those vary from one art dealer to the next. I will say this... I would be wary if the dealer wants you to agree not to promote yourself online. If it is a high profile gallery you might consider agreeing to that... but most galleries do not have that level of prestige. You want to maintain a presence online... if the art dealer does not want you to do that you should ask why.

Artists have contacted me requesting that I remove online interviews I've had with them... all because their new (at the time) art dealer desired it. In every scenario like that the artist was represented for less than a year -- so it is sad that they dismantled their online presence on the whim of art dealers not 'in it' for the long haul. (I refused their requests -- but I'm certain that others complied. Yep... most of them thanked me later).

Brian Sherwin
via faso.com
Regina -- I see that connection... and it is odd. Some entrepreneurs criticize VC -- all while seeking it actively (becoming bitter when someone else lands a great deal). Some artists criticize art dealers -- all while seeking them actively (becoming bitter when others land representation). It forces one to ask what they are really looking for... and how many times they botched their own careers simply by having a negative attitude from the get-go.

Susan Holland
via faso.com
The trust issue works both ways.

Part of paranoia is perceiving dangerous motives in the outside world. If you see your work as commodity, it is good to insure it. If you see your work as a "child-creation", you will look more carefully at the trust issue.

Brian, I love your Cleo and Mark allegory... and I might comment that love and money are very often the undoing of human beings.

This may be why people feel more relaxed selling giclees...cheaper clones of the "child-creation." (Kind of like those slaves and prisoners.)

A trustworthy fiduciary relationship is where there is clear language, and proper paperwork.



Sharon Weaver
via faso.com
In your article you only use the term dealer but several times in the comments you have replaced dealer with gallery. I think there is a difference, isn't there? Maybe you can clarify.

Nyla Witmore
via faso.com
Twenty years ago when I got into my first gallery, I was paranoid ...having heard of horror stories of artist who not only didn't get paid, but also of artists who suddenly found the gallery had closed, the doors locked, and all the paintings within were being held hostage to pay off debts. SO THIS IS WHAT I DID. TWO THINGS:
1. Guideline...DON'T HESITATE TO LET A GALLERY KNOW WHAT YOU EXPECT OF THEM, SINCE THEY ALWAYS LET YOU KNOW WHAT THEY EXPECT OF YOU. I reiterated, to the gallery that wanted me that I expected to be paid by the 15th of the month following the month of the sale, just as they had laid out in their contract. Because I had been polite about this, the gallery owner always made sure I got paid... even during the rough times in the retail art world when he had to make choices of which bills to pay first.

2. PROTECT YOUR BACK-SIDE IN THE CONTRACT: In all contracts I have signed, I always had added to the contract, "All artwork remains the property of the artist until sold." (This means that even if a gallery was suddenly closed and notices on the door indicated that the establishment was in foreclosure or liquidation...that by law you would be able to have the doors opened for you to reclaim your art.)

Mike Kelly
via faso.com
The love and money discussion never seems to change. For me, when we finish discussing why we do what we do and contemplating our belly buttons (love) it still comes down to show me the money (business). There is more at stake than most artists realize to make the artist gallery relationship successful. Both parties need to benefit or it is only a hypothetical exercise.

Brian Sherwin
via faso.com
Sharon -- Thinking of galleries as in galleries owned and ran by the art dealer you are working with. You make a good point -- 'art dealer' can have several meaning role-wise. Some operate galleries, some don't -- so yes, I probably should have been more clear. I suppose the ideas apply to all types of art dealers and the relationships artists have with them.

Brian Sherwin
via faso.com
Nyla -- I agree that the contract should be solid. That said, art dealers AND artists have been known to break contract. So with that in mind, it really pays to research the dealer/gallery first. In addition, it might be wise -- just in case -- to have some money set aside if ever you need to go the legal route.

True, that step could be seen as being paranoid -- I suggest it is just good business. How many artists can honestly say that they are prepared from a legal standpoint to take action if needed... be it against an art dealer or someone else who exploits your hard work?

A lot of the 'bad' art dealers get away with what they do because the artists they 'cheated' were not in a position to take legal action. Food for thought.

As for art dealer/gallery horror stories -- trust me, I've heard hundreds, if not thousands. Some of them were legitimate -- others were a tad fabricated... artists upset because they were dropped or what have you. Again, that is why research is important. The art dealer you've heard bad things about may not be as bad as the stories dictate.

Mike Kelly
via faso.com
If you are a Noo Yawk gallery and dressed in Black you're a Gallerist.

Brian Sherwin
via faso.com
It def' applies to gallerists. ;p

Susan Holland
via faso.com
If you are a effete gallery in Shelton WA you are belly up.

What is it called when you are a gallery in Pike Place Market in Seattle? I am hoping to go there to research the place.

Milton
via faso.com
You have to consider the artist when you hear or read a artist / gallery horror stories. Some of them just don't want to admit that they botched something up and the gallery let them go.

It is just like when a fibber is fired for slacking off at work and ends up ranting about how horrible the conditions at work were. It is the employers fault that they were horrible at their job. Yeah, right.

Delilah
via faso.com
I love the analogy

Sari
via faso.com
Brian, your article makes me think that all the really big successful artists today are the ones who are doing it all themselves...You know, the ones who are almost one person corporations...
It seems that the only way to break free truly is to do it yourself? The ones who are shackled by galleries, seem, well, shackled, even if they have some success...Do you think this is true? (I'm thinking of maybe Takashi Murakami, Jeff Koons, Damien Hirst, maybe even Thomas KInkade...that type of group...)
Perhaps the very nature of linking to a gallery is self-limiting?

Brian Sherwin
via faso.com
Milton -- Good point. I've ran into that mentality a number of times over the years. More often than not, the horror story boils down to the artist not working well with the gallery -- be it constant delays as an exhibit nears... or other failures on the artists part. BUT it goes both ways -- I know of galleries that simply don't function as they should.

In this business it is often best to consider hearsay as just that... hearsay -- until you are able to dig for the truth (which is often not hard to discover).

Brian Sherwin
via faso.com
Sari -- I do think... and history shows us... that artists can have some leverage depending on where they are at in their career concerning galleries. BUT breaking away from galleries -- or power playing them, if you will (think Hirst) -- can have downsides. For example, Hirst has actually had a drop market-wise since taking the brunt of his career into his own hands. That said, he still comes out on top.

Mike Kelly
via faso.com
Shri,
Your point is well taken and true to a degree. Breaking free when you are a multi-millionaire super super star like Koons, Hirst and Murakami who are all established brand names isn't even close to reality for the rest of us. Now let's go to very successful second tier artists like Wolf Kahn, Sean Scully and Alex Katz who owe their success to the various galleries who represent them. The galleries helped build their reputations over the past 30-40 years. Catalogs and books are published on their work.

Our path is using a variety of marketing techniques, art consultants, prints to build awareness regardless of the new internet options. Being in a gallery that likes, markets and knows how to position our work is still necessary. The galleries spend money on overhead, mailings, taking the work to the clients house, hanging and often re-framing.
This allows us to FOCUS on producing and improving our work which is hard enough given the amount of competition that is out there... Excellent and Mediocre.

By choice we are in a very difficult profession, in worst economy in 70 years.

I love illustrator Brad Holland's quote: The difference between illustration and fine art is that in illustration you find out how much you are being paid before you do the work. In fine art it's the other way around.

Now if we could just get Brian to rep us we could eat lobster once a week.

Sari
via faso.com
(Mike) Lord, the last time I had lobster, Joseph brought them home live and it was a pair and I swear I think they were a paired couple, and it was like having pets in my sink...That was my last time doing lobster...
In terms of the gallery/artist relationship, the going it alone people are new to me and noteworthy by their actions...The other paradigm is established of course...
But one dreams of the superstars doesn't one?
I think the difference between illustrators and fine artists is that the illustrators get paid...At all...

Susan Holland
via faso.com
Faint-hearted notes to:

Siri, tell Joseph to have the lobster place steam them and wrap them in nice white paper. They are worth it...like Rabbit Skin Glue. and kid leather.
(shudder...)
and:

Brian and Mike: Can't we just wait, like Vincent did? Get a Theo?

Sari
via faso.com
Susan, My brother's son had a white rabbit named Snowball...
http://en.wikipedia.org/wiki/Rabbit-skin_glue Interestingly, this wikipedia entry doesn't like its properties, which is different from other things I have read...Some still use rabbits...In honour of Snowball I don't touch the stuff...Sari

Susan Holland
via faso.com
Sari, my grandson got Brownie (brown rabbit) for his sixth birthday. Brownie grew up and was the studio rabbit until he ended up trying to eat my grandson! This was not a good little bunny, and he came to a sad (raccoon) end outside in a hutch, I am sorry to say. In rabbit eating cultures skins are tossed out. I say, put it to use. Recycling, y'know.

(Sorry, artists. Off subject, but very important to some people.)

Sari
via faso.com
Susan, I'm in Canada...Not really a rabbit eating culture except for the french...The french eat horsemeat too...I don't eat rabbit nor horse myself...I'm also not a fan of supporting the 'eat your pets culture'...I find it weird to use animals that some people may have as pets...Besides, I have found excellent alternatives, so why use something that makes me feel squeamish?










 

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