request for client contact information

dubious · Joined: 03 Sep 2010 Posts: 6 Location: Hobart

I have recently requested client contact information from a commercial gallery that no longer represents me. I need it for future mail outs/ career updates, copyright, and for possible future curatorial requests and loan agreements. There is also the issue of staying in contact with clients for maintenance of works in collections.
I was under the impression this was a standard and legitimate request because of the above points... as well as a legal obligation on the part of the gallery.

Any feelings/professional advice on this ?

Devilbiss · Joined: 06 Jul 2007 Posts: 3209

I doubt that it is a legal obligation of the gallery to give you their client details and mailing list.

gggraph

Ditto. My understanding is that galleries (or Art Shows) are not obliged to give out information of any kind. In fact, they may be in breach of the Privacy Act if they do so without the consent of the client concerned.

Cheers

Grant

heartco

Yes, as Grant says, I have sometimes had the galleries/exhibition organizers contact the client first to give permission for that info to be passed on to me/the artist. But on the other hand I have also heard that for copyright reasons we are entitled to that info. Graeme Smith, who has a write up in every Australian Artist magazine is a legal guru in the art field. He also has a site and newsletter, or used to, and is very helpful with these matters.

Chrissy D · Joined: 12 Jan 2006 Posts: 1048 Location: Queensland

Wouldn't we all love to know who bought our stuff so we could send them mailouts and updates etc. But it is my understanding that this information is confidential and what organisations can not give out private information to third parties (ie you) even though it is your artwork they own .

I would get in contact with the Seller and ask them to pass on your information in the hopes the buyer will contact you. Maybe give the gallery an envelope with a business card and short message regarding the points above you mentioned and to get in touch with you. Then maybe you could mail them a Certificate of Authenticity if they haven't already got one.

Devilbiss · Joined: 06 Jul 2007 Posts: 3209

AvG · Joined: 17 Sep 2005 Posts: 1912

Yes, what Devilbliss said.

When you put work with a gallery to sell, the business transaction is between the gallery and the buyer.

As an artist your asset is your creative abilities and the resulting work. For a gallery their asset is their client list...this is what they bring to the artist/dealer relationship and they quite rightly guard it closely as a commercial consideration.

You can of course ensure that you have a presence on the internet, contact details on the rear of the canvas etc so that buyers can find you but you aren't entitled to expect the gallery to hand over their client details.
And knowing who owns what doesn't really have any bearing on copyright which doesn't transfer from seller to buyer. When you create a work copyright remains yours no matter who owns the actual work.

dubious · Joined: 03 Sep 2010 Posts: 6 Location: Hobart

Hi again,
Agency law seems quiet clear in this case, and I just thought I had better follow up as I have had some advise and much intuitive feeling around this issue which I might add is contrary to popular belief (which is a worry).

An agents obligation in this case is to the principal that is the (artist) when it comes to confidentiality not to the buyer, the contractual relationship exists between the artist (principal) and the purchaser, the gallery or agent acts only by way of facilitating the transaction. So when a client buys a work of art from a gallery it is buying it from the artist through the gallery, so any information collected by way of client details (and any other information) is something the artist is rightfully entiltled to. The confidentiality issue is in fact the reverse of what has been stated here, the agent has to respect the privacy of the artist (as principal)if a request is made by a client...
I am hoping to resolve it either way though.
Thanks for your thoughts..

Boris01 · Joined: 18 Jun 2008 Posts: 228 Location: Western Australia

good luck getting a gallery to give up their hard-found buyers so you can deal with them directly next time they want one of your artworks

RJW · Joined: 17 Sep 2010 Posts: 16 Location: Sydney

It is not in the interest of the gallery to release client information to anyone, especially their represented artists. A gallery is under no legal obligation to do so either.

dubious · Joined: 03 Sep 2010 Posts: 6 Location: Hobart

[quote="RJW"]It is not in the interest of the gallery to release client information to anyone, especially their represented artists. A gallery is under no legal obligation to do so either.[/quote]

I'm astounded at the response to this query, on what do you base any of this information... ? no wonder artists find it impossible to negotiate fair contracts.

I know why a gallery wouldn't want a represented artist to have this information. But did you know it is a requirement in the ACGA code of conduct that if an artist requests it it should be provided.... then there is the vast information on Agency and the artist gallery relationship through Arts Law which substantiates it.
If you could qualify your position somehow that would help ?
There are as many, if not more reasons why we should have it..

Devilbiss · Joined: 06 Jul 2007 Posts: 3209

Boris01 · Joined: 18 Jun 2008 Posts: 228 Location: Western Australia

more than likely with a gallery that you get said information off of saying "we no longer feel that your work suits the direction our gallery is going" or something similarly nice of them

RJW · Joined: 17 Sep 2010 Posts: 16 Location: Sydney

Generally when a gallery takes on an artist for representation, a contract is drawn up, signed by both parties etc. The contract would state confidentiality agreements re client information. Unless your contract states access to the client database I don't think there is anything you can do.

dubious · Joined: 03 Sep 2010 Posts: 6 Location: Hobart

[quote="RJW"]Generally when a gallery takes on an artist for representation, a contract is drawn up, signed by both parties etc. The contract would state confidentiality agreements re client information. Unless your contract states access to the client database I don't think there is anything you can do.[/quote

I think you will find RJW is that Agency Law goes above and beyond any contractual obligations on the part of the gallery as I have already said (see above) the galleries obligation with regard to Privacy is to the Artist not the Client.