The Artist to Gallery/Middleman Relationship

THE GREAT HIDDEN SCANDAL...

             Let me say first --To all those in the art business who sell the work or artists, be it originals or prints, as well as art show owner/promoters, and art associations… If you are of the few who genuinely treat artists fairly in business, and respectfully -- You have my utmost of respect, and I applaud you!  You are an example of how things in the art business should be done, and with particular regard to how the primary players… The Artists should be treated, without whose work and accomplished skills no one would have anything to show, sell and make a living from.

The words of those who are gallery owners, dealers, art show promoters, art publishers, and any other art middlemen, is largely what forms (if there is any mentioned at all) almost all of what so many people in society know concerning the workings of artist to gallery/middlemen business relationships.  This, like so many things, is and has been by careful design.  As an artist who like so many others, and for so long, has felt the sting of many incredibly unjust situations in the process of making a living in a business controlled so greatly by others, as well as hearing my fellow artists experiencing the same -- I will go to offer here a much different picture, to those interested in knowing the truth, quite different than would ever be given or admitted to by most all of The Middlemen.

First, I think it’s important to say that as the title mentions, there is a great scandal existing within the subject.  It has in fact been going on for a long time, maybe to one degree or another, since the concept of such a working relationship was invented.  It is my purpose though, to speak primarily about the here and now, and within context to my own lifetime of accumulated knowledge / experience with the subject.  Besides saying that there is a scandal, I should say too that it is a hugely covered up scandal.  But before going into details of it, let me first go about explaining whom the players are:

             The Art Middlemen as a group in general;    Are people who aside from the more sophisticated names they commonly refer to themselves as- i.e., Art gallery owners/directors, art publishers, art show directors/promoters etc.–These would really be more accurately defined as – Middlemen, agents, retailers, and salesmen.  Their role in the art business is as their true occupational names suggest – They market and sell art.  Expertise in what they do has been established by their education and/or work lives being focused on their subject, as it is with those of other occupations.  Some are very good at what they do, others are not, but what they have in common is that their focus is more than anything else (including away from art) in the practices / thinking common to selling and salesmen.  As they’re chosen particular product to sell is art / creative works, people would naturally think that they’re knowledge of the subject must be very extensive.  The truth is, it often is not.  A very very few may know a lot, some may know some, and many know only enough to disguise the fact from the majority of the public, who generally themselves are not knowledgeable enough to know the difference.  Given that, this is the first tool, within a toolbox of many others to which the middlemen/salesmen utilize to their ends (and only their ends) in the art business.  Finally, in defining the group, it should be noted that as a part of their interest and proficiency in their profession as salesmen, they are people very active with all endeavors pursuant to the psychology of controlling and directing other human beings.  As I build a structure of facts towards the point of the issue, in order to avoid any reader making a seriously mistaken judgment, I would like to say that I have no inherent disrespect or dislike for salesmen or middlemen what-so-ever.  I in fact admire many of them, although regretfully not as many that sell art, as those selling other things in other endeavors.

                                   The Artists;

Are in general of course, those who are creative people who produce artworks. While all artists including those who do their work more as a hobby or avocation are also impacted from the topic issue, I will only go into discussion here in reference to those artists who are professionals such as myself.   I will also not go into the bottomless pit in discussion of opinion about what art is real art, and what isn’t.   For purposes here at least:  A professional artist is one who has or does make his/her primary or sole source of living through the production and sales of his/her art.  Interestingly, there are many in the general public who don’t realize that there actually are artists of this professional definition.  Then there are other people who would not recognize the endeavor as a working profession in any case.  Many of these believe that whatever art they see on display and for sale, is the work of hobbyists or those who make their primary living in some other field.  This could be cited as major Fallacy #1, which ultimately goes itself to causing poor consequences to those who are in fact professional artists.  

Artists can also be clearly defined in ways other than as commonly thought of.  They are both innovators and manufacturers of product goods.  They are businessmen and women who own and operate their own businesses.  They are involved with all of the duties and responsibilities inherent to maintaining a business, just as it is for any others in business.  In addition, a large focus is in the creation of their works and the continuing development of it.  This comes from the root of their greatest interest, but also because the particular goods they produce to make their livings are not necessities, and are a luxury to most people’s definition or circumstances.  Art as a profession is extremely competitive.  Aside from the typical lifelong self-passions in constantly bettering their work for their own fulfillment, artists are faced with certain realities.  They must strive to making their work the best it can be at any given time in their working lives, in order to have best chances at survival for their business, and any chance at survival or a decent living for themselves and their families.  Most artists unfortunately do not have much or any latitudes of safety nets, cushions, or ability to absorb losses in unprofitable time spent, materials bought, or anything else costing but not rendering a return.  They are, for all practical purposes, living on the edge and living with far less than most, in comparatives to most other fields (including non-professional jobs) in their returns for true work efforts, and the skilled expertise they’ve acquired to do the work, which most have paid dearly for, including sacrifices over many years.

I believe most artists have at one time or another, in seeing the news of others in society who make a living in things other than art, who are having difficulties and complaints over returns to them in their own work, and who then often come to success in having such concerns rectified in whole or part -- That Artists, making natural comparatives with their own similar plight of difficulties with these other folks, -- Have felt absolutely amazed at either the others complaints, the comparative luxury of these others gaining positive outcomes to their complaints. Also, to many Artists, since it would be considered a luxury (since they rarely see it for themselves), it is amazing to see that others in other professions/work who make efforts to protect / better themselves, is a common awareness in society and therefore is allowed as both accepted and legitimate for them.  But regardless of the amazement and a fair amount of lament in essentially being shut out of such norms taken for granted by so many others - Artists go about their business and producing their work, for as long and as well as they can – perhaps over a lifetime -- where they are forced to accept the differences to them, as well as the generally low awareness of that situation from their fellow human beings.  This does not come because artists have some ‘Hollywood’ oriented like for suffering, but because -- 1.) It comes with the territory in the business, and societal awareness, both not of their design.  2.) That serious professional Artists are committed to their work, and that as people with a passion for their work, they are not prone to being quitters.  All the above from at the end of fallacy #1 to this point, I will offer as fallacies #2.  It defines much but certainly not all, of what so many people in general are completely unaware of and have in their misunderstandings or flawed definitions of artists, and the art profession. 

However, there are some others who are very aware of the above, and put together with their own particular interests and work expertise, have found the situations as a ripe opportunity.  To some degree these are the profit/investor art collectors, but for the most part ---- They are The Art Business Middlemen.

                       THE SCANDAL

Given all of the above as a preface, here are a few question(s); Between the two parties, Artists / The Middlemen, which do you think would be the most prone to developing strategies in business between the two that would bring them profits at the expense and potential poverty to the other?  Which of the two would be more likely to have such tendencies, based on their field, it’s inherent practices, and the personality types involved?  Which of the two would therefore have a vested interest in maintenance of such a scenario, and as a part, doing everything possible to keep it unrecognized or under wraps from the general public?  Which of the two is in a vulnerable position to being exploited and threatened into submission to it, by the other?  I think the answers should be easy.

For the purpose of explaining details of ‘The Scandal’ in the easiest fashion, I will list below practices common with so many of The Art Middlemen, and the subsequent effects to artists, the art business, and in fact to the public at large.  The list is not necessarily in an order.  Also, I am not suggesting that all middlemen, be they in the art business or some other, are of the type being described here.  There are some that prescribe to a different standard of ethics in business, are fair-minded people, and genuinely care about the plight of artists.  However, in my experience as well as that of so many other artists, the reality is that those are very few and far between.

1.) In order to sell their work and survive, obviously artists must have their works on display to the public.  The Middlemen are in a very powerful position in that endeavor.  They almost entirely control the walls of display – Be it gallery walls, art show and auction walls, and the ‘walls’ in the published art print market.  There are some rare exceptions to that, such as artists who have broken off from the norms of display & marketing by showing in their own galleries/studios, or a very few successful artist groups being established who self-control the showings of their works.  Most artists however, are consumed with the time and energy needed to producing their work.  They rarely find opportunity or time to take the matters of display & marketing of their works into their own hands, and/or, they are largely intimidated into an acceptance of the controlling Middlemen norms.

         The Middlemen dictate the terms and conditions:

A) Galleries and other middlemen charge artists high prices for the work being placed on the walls.  Galleries typically demand anywhere from 40 to 50% commissions on each sale.   I have heard of others requiring even higher, all the way to 70%!  Art show promoters/owners charge significant fees to artists, as well as commissions on show auction sales, and where the terms to artists in such auctions are typically a total ‘set up’ to the artist’s works being forced into a wheeling and dealing free for all.  Art publishers not only give pittances of returns to artists in comparison to their own profits, but they also write/force contract terms and conditions putting the artists returns into speculation, and the artists freedoms as independent business people into a bondage.  

B) Galleries, dealers, and art show people with rare exception – Do not buy art from artists to then resell. They take it in on ‘consignment’ with no payment what so ever to artists up front.  They have the incredible luxury of stocking their retail stores/venues with inventory, cost free.  The products of this inventory represent major investments of time and labor by the artists.  They also represent many out of pocket costs to the artists.  Art materials, framing, and all other overhead expenses associated to the art having been produced, are not free and not cheap.  One of these, framing, is worth mentioning in so much as that -- The Middlemen typically not only expect it to be provided by the artist and that it is of high quality, but that this expense to the artists is something the artist will not likely be allowed to recoup in the price/sale of the art.  On the other hand, the Middleman will be gaining a profit from it at the time of the art selling.  In concert to this, and along with commission rates, The Middlemen typically dictate (either directly or indirectly) to the artists what retail prices will be set on the artist’s works.  This of course renders any possibility of the artist having any ability to controlling his/her end returns being viably profitable, or being able to recoup his/her costs – as nonexistent. 

C.)  As if A and B were not enough, there’s more.  Typically, The Middlemen dictate when the artists will be paid – Usually later than sooner  (Why not use the artist’s assets some more?)  Further, The Middlemen can typically dictate that the artist will not be allowed to sell his/her art themselves, either out of their studios or from other retail outlets.  They essentially take over the artist’s freedom and rights/needs as an independent business.  The Middlemen typically require the artists agree to having their art loaned out to potential buyers ‘on approval’ when such requests arise.  Meanwhile, the artists have a significant investment of their work in a holding pattern to their receiving compensation from it.  If wheeling and dealing bargaining comes up from a buyer, The Middlemen will ask the artist to lower his/her price – They will rarely if ever accommodate the bargain, by way of lowering their commission.  Most of The Middlemen will commit to as little as possible (much of the time, going too essentially nothing) to expending time or funds to promoting the artist.  Those that do make any expenditure in promotion of an artist, will do so with such expenses being utilized as legitimization that the artist accept even worse case (to the artists) terms/conditions put to them by The Middlemen.  In other words, any costs in promotion will ultimately come from a subtraction in the artist’s returns -- which have already been made into an incommensurate return.  More often than not, The Middlemen will make all decisions as to where on the wall (in whatever venue it may be) the artist works will be displayed, and other things pertinent to quality of display effecting odds of sales --  To which the artists are in the most dire position, their works being in the consignment scenario, of which the work is not mass produced, and to which they must wait for any possible return.  My Gosh… many of these same Middlemen actually dictate to the artists what they should paint, or, strongly ‘encourage’ what they should paint.. if… they want their work on the walls and promoted! I’m sorry, but that runs totally contrary to the best in art being created, from artists who are creative individuals, and where the best art comes about from their freedom to do create/paint what they want to, including factoring in their own careful choices/decisions (which, if they are serious artists and/or professionals, they must do at a reasonable level) on how saleable it is or may be.  Finally, The Middlemen, be they gallery people or art show/auction people, will not share with the artists the names of any buyers of the art works!  The obvious reason for this is they do not want to risk artists going to buyers directly, cutting The Middlemen out of the sales.  While that is a legitimate concern, there would be other ways of accomplishing the need.  The method used however, puts the artists into a further loss.  They are cut out of the valuable return in business of the development of buyer’s lists, to which their works and investments have been instrumental in producing.  Additionally, artists are prevented from having a knowledge of where their art works have gone and are existing, which historically in the field, is important to any ability in showing such information of their life's work and careers in publications or retrospective shows.

2.) The Middlemen do not allow any of the above to be put into fair consideration of discussion or negotiations with artists.  Should an artist raise any of the issues, The Middlemen have long established lines of rhetoric or tactics (not the least of which is their power of their walls in any case) to sidestep or quickly evaporate an artists attempt to protect his/her interests.  For example, on the issue of overhead expenses -- The Middlemen always speak at great length of this on their end, as legitimization of their terms and conditions.  What they will not speak of, or allow in discussion of an equal fashion, is the artist’s end of this issue.  The artists in fact have much more at stake in a total of overhead costs, investments having been made, and risks inherent in the consignment scenario.  But The Middlemen are very adept at evading, denying or steam rolling that fact. 

3.) The public at large has been, and remains almost entirely unaware of all this.  We are living in an era where the issues of workers rights, fair business practices, and unethical/unfair exploitation of occupational groups, is not uncommon to being raised in public awareness. This of course is a good thing, and many who have had their plights rectified, have come to finally having their lives bettered and injustices to them attended too.  They may not have had all of their needs and rights repaired, but they have at least had their situations become known to the public.  They have at least had their plights reported and become known by society at large, which gives the start of some odds in their problems being focused on to possible remedy.

Artists as people and as an occupational group, have unfortunately not come anywhere close to having the same situation finally come to them.  Why? --- Aside from the nature of artists being largely independent people, and from one another, inherent to the sort of work they do – and, in context to the business as it exists in a dog eat dog scenario (brought largely by the effects of The Middlemen) -- The Middlemen have a vested interest in keeping everything just the way it is --- Including all the details, discussion, or news of it kept out of the public eye.  Should any of it rise even the slightest bit in any rare occasion, The Middlemen have all the tools of their rhetoric, and their power, to quickly camouflage it, deny it, and bury it.

Aside from the ongoing effects of this to the artists, it is a situation having a hugely negative impact on the quality of culture, as art being an element.  As Art and artists are being controlled greatly by The Middlemen, the outcome is something entirely different than if it were otherwise.  The contributions of art coming into cultures enrichment – Which art – How much art -- Is being greatly moderated by the controls and powers of The Middlemen in the business, and over artists.

                       So what is there to do about this?

Artists who are ‘set’ financially, either by other means, or perhaps having attained fortunate greater notoriety/fame in their careers, are of course not as impacted by the whole situation, at least in their own lives.  Although I will say for these, that for the sake of caring about the profession as a whole, they certainly should be concerned about these issues, and actively pursue rectifying them in the ways they can.  To not do so, say with attitudes such as -- “I have mine, so I could care less about this or other artists being affected by it”. Or… “I’m protecting my turf, I could care less about the impact of this to other artists”…… Let me say for these types artists who have this attitude while basking in the fortunate positions that they are -- While I might have great respect for some of them in their work, as far as my opinion of them as human beings I would say… Well, maybe I won’t say here, on my blog.

But for all artists who do not have the above advantages, I would offer these thoughts and suggestions which I believe will make a positive difference -- 

1.) Artists themselves need to know the truth and facts of this situation.  Amazingly many do not, or, have not faced up to it for themselves.  Knowledge is power - Ignorance makes you vulnerable, and sets up bad odds for success.  Along with artists already working, certainly beginners and students need to know the facts about these issues.  Artists can go for many years not understanding this situation, ‘spinning their wheels’, and resulting in a huge waste of time, money, and sacrifices to themselves, and perhaps their families, that they might not have had to suffer (or at least as much of) had they known what the real deal is in the art business.  Art Schools, Instructors / Teachers, be they in institutions or ‘workshops’, should take the high road, and offer some instruction to their students about the subject - at bare minimum, at least when asked or when the topic(s) are/should be raised. 

2.) Artists need to understand and accept the fact that they are in a business - Because they/you are!  They must approach any and all venues/middlemen for selling their art with that in mind - Totally.  If an artist insists on only playing the role of -- “I’m an artist, and therefore I do not have any interest in the business side of it at all”…. You will pay the price for that ‘movie script’, and you will set yourself up to being fully vulnerable to all those who are more than willing to exploit that mindset and naivety, towards their own profitable returns. 

3.) Artists need to stand up and take charge of their own destinies as much as is possible, insisting on maintaining their rights to control their own businesses, and business scenarios which will have a direct impact on their careers and lives as a whole.  There are almost always compromises to be made in doing business with other players.  But the bottom line is, that it has to make sense to an Artists own needs and vested interests, not just the other side.  That is… if you are trying/needing to put the food on your table with sales of your art.  How much an artist is willing to compromise on say, terms and conditions given by a gallery or art show promoter, is going to vary depending on the particular situation of each artist.  But even an artist in the most dire need to show his/her work anywhere, just to get it somewhere to be seen (i.e. the weakest position) -- Should still be very scrutinizing on everything, and everybody connected, in the pure business sense, to the decision of whether or not to become involved with a particular venue.  Artists should, and they have a right too, respectfully ask all pertinent questions to the owner/manager of the venue, which will have an effect on their business interests.  And… to get actual answers to the questions, not evasions or hype.  I won’t list them all here, perhaps another post at some time. But they should be easy enough to figure out, assuming an artist has taken on the serious mindset of thinking best odds of their interests being served in any arrangement/terms/conditions with a art selling venue.  At the same time, being reasonable and logical enough to realize that the venue owner also has a legitimate need to make decisions and agreements that will allow him/her reasonable odds at reasonable profits.  If an artist becomes faced with bad terms/conditions with a less than reasonable venue owner, all the way to a “It’s all my way, or nothing” type, you will know that’s the case fairly quickly -- assuming you are doing your job of taking a close look, asking the right questions, and not getting mesmerized by the need, or ego driven desire, to just get your work on the walls at any and all costs.  Remember…It’s not going to serve your most important needs to making a living, which would include the expenses of continuing to do your art, if sales of your art from any venue do not return you enough after expenses/commissions to the venue, or, the time they’ve take to sell it etc.  And certainly the same, if they do not have the expertise, commitment, and/or following of customers, to sell it at all.  You cannot go to the grocery store, load up the basket, and go to the store manager saying “I don’t have any money to buy this today, but hey… my art is hanging in a gallery”. Etc. 

4.) Among other questions to gallery venues, artists should take a look, and ask, how many sales are made on average a month? And since it is the art business and that can vary widely in any venue, ask for a look at many months?  Also, ask the question of how many original works are sold, in comparison to print reproductions (if the gallery sells both)?  Many galleries sell primarily prints, even though they might have originals on their walls.  If you are in more need, or complete need to sell your originals, then obviously a venue/gallery that only or mostly sells prints, is not going to be a good odds venue for you to be involved with.  Just another business question and decision.

I believe the answer to the problem ultimately must come from the artists, and in the form of educating the public about the truth in the situation as a first step.  Because the general public, those with interest in art, and ultimately the Buyers of art, stand to make the most difference to the problems, if they can become widely aware of it, and through that, bring the power of their pocket books down to bare on those in the art business where these problems come from. The problems being solved will probably not come in my lifetime, because the system and powers-that-be are so deeply entrenched.  But for what it’s worth, while there are those who may be making their own efforts as well and perhaps far better than I can do it, I have made my best effort here.  I would not feel good about going to my end without having tried in at least some small way to make a positive difference.    There is no automatic guarantee to art middlemen, be they galleries or whoever, that they will make a profitable successful business for themselves.  They do have their own problems to face in the art business, as well as having expenses involved, and the rightful desire to prosper.  I have no lack of understanding or fair reasoning to such things. The reader should also understand that I nor most any other artists I know who would speak about the issues here, do so either as ‘whiners’ to norms typical to business, or in the notion that such ill situations are unique only to artists.  And as I noted at the start of this writing -- For those who would by definition here, be either Art Business Middlemen, or even Art Associations -- If they are of the all-to-few who genuinely treat artists respectfully and fairly in business…I have the utmost of respect for them, and wish them great and continued success!  However, for those of the ‘other sorts’ (they well know.. if they are), as for This Artist, and regarding my own work and life -- Take a Hike!

I would give the reader a challenge to proving out the points made herein:  Pertinent to for example, galleries that have successfully been in business for a period of years --- A question for you --- Between the gallery Middlemen, and the artists whose work hang on the walls; Which of the two most often drives the nicer cars, has a home (or the nicer home), has such things as health and life insurance, can afford brace’s for their kids teeth and can send them to college, and have money in the bank, including retirement savings ??  Check it out, or let me save you some trouble to doing the survey --- It is with rare exception -- The Middlemen / Salesmen, just as it is with middlemen in the art shows/auctions and the art print publishing business.

For art enthusiasts/looker’s, from beginners to long-timer’s -- My hope is that with the knowledge you will ------- 1.) Try to seek out art galleries or other outlets displaying art, including art shows, which deal with artists in a fair and respectful way.  Ask others who might be ‘in the know’, or, ask the gallery/show people questions to find out, such as “what commission percentage do you take from the artists when you sell their work?” They may refuse to answer you, or, frankly lie, but it never hurts to ask such pertinent questions when you are interested in such things… The artist(s), whose work you might be wanting to buy.  If you’re looking for art you like and might want to buy, patronize these art businesses and their artists -- Along with getting a nice piece of art you will enjoy, you will be supporting good and fair art business people, and of course the artists whose work hangs on their walls. If you find a piece of art you want to buy in galleries or other places where you do not know how the artists are treated, … Try to find out where the artist him/herself is located, and make the effort to contact them yourself about their art.  Additionally and perhaps even better yet, seek out artists who wisely exercise their rights to sell their works themselves, including through their own galleries, or their “open door” studios, and now with the internet thankfully having come into play, artists who show their work online such as I do myself. 

2.) While any ‘brand’ of artist will surely appreciate your purchasing their work, including hobbyists, don’t forget to seek out and patronize artists who are working professionals.  Remember…they are not doing their work for a little extra pocket change - they are literally putting the food on their tables along with all else, with sales of their works.  And lastly, Please, for the sake of all serious artists, and the cultural value of art -- Do not patronize outlets and ‘art shows’ such as those that advertise on TV “Coming to a location in your area” (usually hotels/motels -- and where they used to call themselves ‘Starving Artist Sale’, now changed to something else, no doubt because of flak they received from that degradation to all artists), where the art they sell is actually from overseas such as China, where the ‘art’ is produced assembly-line fashion, such as for example, one person paints the sky and shoves it down the line to the next person who paints the grass… and so on.  If you like it, and want to buy something in venues/outlets such as these, that of course is your right to do so.  Just remember, that the above who and what, is who/what you are patronizing with your dollars, while there are many many serious artists in this country and others who do wonderful work available to you, many of whom are struggling to make a living.  Assembly line originals (actual ‘paintings’, not prints) are not art… it is assembly line garbage.  That would be the same for prints from/of such ‘originals’, or, from any ‘rubber-stamped’ art produced, done only to manufacture yet another quick and cheap product to get onto the shelf - And all described to the public as “art”. It’s my guess is that even the poor assembly line ‘artists’ who are doing it overseas, are being treated/paid by their handlers poorly (and all driven by the marketers/middlemen here who buy it from them). 

I hope I have shed a little light onto the real picture for any who within the multitudes, understandably do not know of these things.  I know not all will care, but perhaps some will, and that will be a worthwhile step in the right direction.

Wayne Snyder  ©1997