Original Work
For the most part, sales of original work is easily covered by an artist's regular invoice form, marked "paid" and sent along with the work after receeiving a cashier's check from the purchaser. In the case of work costing many thousands of dollars which must be paid in installments, or work of such significance in the artist's career tha tlending and non-destruction clauses are advisable, the artist may want to generate a sales agreement.
When selling artwork, the artist should keep in mind that by far the best way to protect his or her interest is to deliver the work after the last payment has been collected. Certain provisions might be added to the form which follows to provide for security interests, uniform commercial artowrk, and prohibitions against sale or transfer of the artwork, (at least until the purchase price has been fully paid). The practical difficulty is that the artwork normally is highly movile, and is very susceptible to rapid movement outside of jurisdictions where financing statements are filed, judgements are entered, or other attempts are made to collect payment or re-possess the artowrk.
The artist may wish to include provisions allowing the artwork to be "bollowed back" for exhibitions, as well as provisions which limit sale or resale of the artowrk. The inherent mobility of the artwork, however, makes it difficult to enforce such provisions. in addition, provisions restricting sales or transfer of the artwork of indefinite duration or extended durations may not be enforceable. Especially where the artist envisions repeated sales of his or her artwork, it would be wise to consult with an attorney both regarding the contents of a sale agreement as well as some of the practical issues and difficulties arising in art sales, particularly where delivery is made before the full purchase price is paid.