2. Artist’s Agent or Rep Services: What’s Included?

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This is the second blog in a series of three blogs about Artist’s agent or representative services.  The first blog is a general introduction to these services, the second is an overview of the various services included, and the third is an overview of what the various services cost.  As always, I welcome your comments and opinions.

Artist’s Agent or Rep:  What the Services Include:

The scope of services is whatever  the artist and the services provider agree upon.  I don’t believe in the “one size fits all” standard services package and, for that reason, will not recommend one here.  Use the following as a shopping list, or as points for discussion between artist & agent or rep, to create a services package to meet the needs of the artist:

1. Ongoing Sales Representation: The agent or rep pursues sales opportunities for the artist by promoting the artist’s work to potential art buyers and intermediaries with those buyers, either individually or collectively or both.  This involves using existing contacts and networks and developing new contacts and networks.
2. Sales Support Services: The agent or rep processes the sales and handles any required packaging and shipping for the artist.  In local situations, the agent or rep does the delivery and installation of the artist’s work and, when doing so, tries to expand the sale for the artist.
3. Ongoing Internet Marketing: The agent or rep uses the Internet via websites or blogs to promote the artist and the artist’s work.
4. Internet Marketing Support Services: The agent or rep finds and coordinates services for website design, hosting and search engine optimization (SEO).  The agent or rep helps the artist with website or blog content development, maintenance & improvement, and helps with SEO efforts to draw traffic to those sites.
5. Print Media Marketing: The agent or rep searches for, finds and identifies opportunities for print media advertising and/or promotion and helps find or develop content (images and copy) for the advertising.
6. Business & Social Networking Marketing: The agent or rep promotes the artist by attending local business and social networking events on the artist’s behalf.  At such events, the agent or rep makes connections and promotes the artist, seeking & developing leads  for sales & venue & award opportunities for the artist.
7. Searching and Identifying Venue Opportunities: The agent or rep searches for, finds and identifies venue opportunities for the artist such as art shows, exhibitions or festivals.
8. Venue Application/Registration Support Services: The agent or rep obtains the venue application or registration materials and prepares the submittals, including securing photography of the artist’s work and writing submittal documents (such as an artist’s statement or resume).  The agent or rep prepares & submits the electronic and/or hard copy submittal package.
9. Venue Sales Representation: The agent or rep represents (in person) the artist during or throughout a sales opportunity event, such as an art show, exhibition, opening or festival, to service buyers and negotiate/close sales.
10. Venue Display Logistical Support  Services: The agent or rep helps the artist with the set up and take down of the artist’s display for the event.
11. Searching and Identifying Award Opportunities: The agent or rep searches for, finds and identifies award opportunities for the artist such as for juried competitions or commissioned work.
12. Award Opportunity Support Services: As with venues (#8 above), the agent or rep handles the support tasks to position the artist for consideration for award.
13. Searching and Identifying Gallery Opportunities: The agent or rep searches for, finds and identifies opportunities for gallery representation, including promoting the artist to galleries.  This includes visiting the galleries to see their facilities and to meet the gallerists, and promoting the artist to selected galleries.  Note: This service is less typical than the others because an agent or rep is usually an alternative to gallery representation.  With gallery commissions running around 50%, there’s nothing left for the agent or rep paid by sales commissions, if the artist gets the other 50%, unless the gallery and agent or rep work together on a split sales commissions basis.  If the agent or rep pay is on a fee or hourly basis, the compensation is part of the artist’s overhead supported by the artist’s 50% of sales.
14. Finding and Coordinating Art Support Services: The agent or rep searches for, finds and coordinates art support services such as photography, scanning, printing, framing, casting, packaging and shipping.
15. Performing Business Operations: the agent or rep  helps the artist with business operations such as developing business practices, procedures, standards & forms.  The agent or rep processes sales transactions and assesses proper taxes, shipping and other costs as appropriate.  The agent or rep identifies art, studio and business supplies vendors and helps the artist  buy the  supplies economically, including arrangements for delivery and storage.
16. “Agency” Services: the agent  acts in an “agency” capacity for the artist by assuming certain legal and fiduciary responsibilities for the artist.  Such responsibilities include signing applications, agreements, purchase orders or other documents on behalf of the artist and managing the artist’s accounts receivable and payable.  Unless the agent is a lawyer, the agent cannot offer legal services to the artist.

So what package of services is right for you? Only you can decide what is valuable to you, affordable to you and ultimately right for you.  The least is probably sales representation as described in #1 above.  The most, everything described above or more.  I suspect that most artists that use an agent or rep will use a package of services somewhere between the least and most as described here, and will pay for the services with a mix of sales-based and services-based compensation.

The more services, the higher the cost for the services.  The more services that are not pure sales, the higher the sales-based  (percentage) compensation (to cover those other services) and/or the higher the likelihood of added services-based (fee or hourly) compensation beyond the sales-based compensation.

To help you decide what package of services is right for you, you need some idea of  the cost of the various services.  That is the subject of my next blog in this three-part series, “Artist’s Agent or Rep Services:  What’s the Cost?”

1. Artist’s Agent or Rep Services – An Introduction

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This is the first blog in a series of three blogs about Artist’s agent or representative services.  The first blog is a general introduction to these services, the second is an overview of the various services included, and the third is an overview of what the various services cost.  As always, I welcome your comments and opinions.

Artist’s Agent or Rep:  An Introduction to Services

As an alternative to gallery representation, some artists prefer having an independent agent or representative who works for the artist. The titles “artist’s agent” and “artist’s representative” are, to the best of my knowledge, not legally defined professions and therefore are subjective in meaning.  Ultimately the services that each provides are whatever is understood and agreed between the artist and the services provider.  In a previous blog, for clarification and points of discussion purposes, I described the roles of each of these services providers as follows:

• Artist’s Agent: An artist’s agent, as it sounds, represents an artist (or usually multiple artists), is normally independent and is either a person or a business entity.  The agent will have knowledge, expertise and experience in the selling and pricing of art, the business of art and promoting of artists.  The artist pays the agent, usually on a commission and/or fee basis, to primarily market and sell the artist’s art work.   The agent may also act on behalf of the artist to find and secure venues for the display and sale of the artist’s work, such as art shows, exhibitions and festivals, or to find and secure opportunities for juried competitions or commission work.  In representing the artist, the agent may have an “agency” relationship with the artist (where the term “agent” comes from), including responsibilities to conduct business, such as processing payments, negotiating deals or signing purchase orders and agreements, on behalf of the artist.  The agent may even receive direct payments (from art buyers) for the artist’s work, much as a gallery receives payment for the artist’s work that it sells.  This is most likely in the case of Internet sales via the agent’s website.  In such cases, the agent assumes the associated legal and fiduciary responsibilities to the artist.  However, unless the agent is also a lawyer, the agent cannot offer legal services for the artist.
• Artist’s Representative: Much the same as an “Artist’s Agent”, except without the “agency” relationship.  The services are more marketing and sales, less business.  The “artist’s rep” is more of an assistant to, “matchmaker” and advocate for the artist without being a conductor of business for the artist.  The rep will market and sell the artwork, but will not have the transactions run through the rep’s business.  All transactions remain direct between the artist and the art buyer, even if processed by the rep.  The rep will seek venues for the artist, and perhaps prepare applications to those venues for the artist, but the applications, and any resulting agreements, will be directly between, and executed by, the artist and the venue sponsor.  The rep may find promotional or advertising opportunities for the artist, but the artist will directly authorize any related purchase orders and sign any related agreements.  The rep may also help the artist by handling shipping and/or installation of the sold art work on behalf of the artist.

By contrast, an artist’s agent or rep is not typically an “artist’s advisor“(who helps the artist with career development),  an “art consultant” (who works for art buyers to find art for the buyers and negotiates the purchase of art on behalf of the buyers), an “art dealer” (a person or entity that purchases and sells art) or an “art gallerist” (a gallery owner or director who represents a gallery first, an artist second).  This differentiation is offered simply to clarify the usual meanings of the titles.  It is not to say that an artist’s agent or rep could not also be an artist’s advisor, art consultant or art dealer as part of diversified business activity.

Artist’s Agent or Rep Services:  The Intangibles & The Tangibles

With either an agent or a representative, an artist is buying services.  Services consist of intangibles, such as knowledge, skills, experience, education, reputation and contacts/connections put to use to achieve tangible results, such as sales, venue & commissioned work opportunities and completed tasks.  The intangibles are delivered in units of time and the tangibles are delivered as accomplished goals.  

Caution:  no one can guarantee tangible results such as sales, acceptance or awards, because such results are dependent on the actions of others that no one can control.  An agent or rep may be able to increase the likelihood (or probability) of such tangible results, but certainly cannot guarantee such.

Artist’s agent or Rep Services:  Value & Benefits

There is value to both the intangibles and the tangibles of services, but, as for any given transaction of business, the value is only what the consumer (the artist) will pay and the provider (agent or rep) will accept for the services.  So, what are these services worth to the artist?  The artist needs to consider several potential benefits of these services when trying to assess the value of such services to the artist:

1. The likelihood of increased sales and/or profits due to the agent or rep’s ability to expand sales and/or increase the value of the artist’s work;
2. The likelihood of increased artist productivity due to the delegation to the agent or rep of  tasks, activities and supporting research that have been typically performed by the artist, thereby freeing the artist’s time for more art production;
3. The likelihood of increased exposure for the artist due to the efforts, connections and contacts of the agent or rep;
4. The likelihood of increased business operations efficiency and profitability due to the efforts, techniques and ideas from the agent or rep for improved business and marketing practices;
5. The convenience and reassurance of having an “on call, go to” consultant, who is familiar with the artist and the artist’s business, to help the artist when new or unforeseen business matters crop up and need quick troubleshooting or problem solving efforts.

For some artists, these services may be unnecessary and/or unaffordable luxuries.  For others, these services may be valuable necessities that pay for themselves or better.  For any artist to make such a value judgement, they need to know:

1. what the services include, and
2. what they cost.

These are the subjects of my next two blogs to follow shortly hereafter.

Art Consultant, Artist’s Agent, Manager or Representative?

Art consultant, artists’ agent, artist’s manager or artists’ representative… just what’s the difference?  These are various terms, titles or descriptions of people (or entities) that offer independent services to artists, art buyers, art collectors or others involved in the selling and buying of art.

Because, as far as I know, there is no statutory “title registration” or associated professional licensing requirements for these roles, the definition of each is subject to whatever the consumer and the provider of the services understand and agree to.  For the same reason, there are no education, internship or examination requirements that the service provider must comply with, nor any regulatory agency to check and enforce compliance with such requirements, as there are for licensed professions.

So just what service providers, in general, do these titles apply to?  From my experience, observations and research, they apply as follows:

1. Art Consultant: someone (person or business entity) that has knowledge, expertise and experience in the art arena about art work in its various forms and media and the proper placement (installation & display), pricing and acquiring of such art.  The knowledge of the art includes knowledge about the artist who created the art, and about the media, style and historical context (as applicable) of the art work.  An art consultant generally consults to the consumer of art, to help the consumer in making an informed purchase, at a reasonable market price, that will meet the consumer’s preferences and art needs.  An art consultant may also help an art owner with the resale of art that the owner has.  The art consultant is usually independent or an employee of a gallery and is paid by the consumer or by the gallery.  If independent, the art consultant usually represents the buyer who is paying for the services, acting as both an advisor and personal shopper for the art buyer.  If an employee of a gallery, the art consultant directly represents the gallery, and indirectly represents the artist.  In such case, the art consultant is paid by the gallery and is part of the services that a gallery provides to art buyers on behalf of the artists that the gallery represents.
2. Artists’ Agent: An artists’ agent, as it sounds, represents an artist (or usually multiple artists), is normally independent and is either a person or a business entity.  The agent will have knowledge, expertise and experience in the selling and pricing of art, the business of art and promoting of artists.  The artist pays the agent, usually on a commission and/or fee basis, to primarily market and sell the artist’s art work.   The agent may also act on behalf of the artist to find and secure venues for the display and sale of the artist’s work, such as art shows, exhibitions and festivals, or to find and secure opportunities for juried competitions or commission work.  In representing the artist, the agent may have an “agency” relationship with the artist (where the term “agent” comes from), including responsibilities to conduct business, such as processing payments, negotiating deals or signing purchase orders and agreements, on behalf of the artist.  The agent may even receive direct payments (from art buyers) for the artist’s work, much as a gallery receives payment for the artist’s work that it sells.  This is most likely in the case of Internet sales via the agent’s website.  In such cases, the agent assumes the associated legal and fiduciary responsibilities to the artist.  However, unless the agent is also a lawyer, the agent cannot offer legal services for the artist.
3. Artist’s Manager: Much the same as an “Artists’ Agent”, except more typically an individual employed exclusively by an artist as an employee of the artist.  Again the artist pays the manager, but as an employee of the artist, the manager may have a base salary and benefits, depending on whether the position is full or part-time.  I have also seen the title used for an employee of a management services firm that serves a clientele of artists, much the way the titles “account manager”, “client manager” or “project manager” designate an employee performing a management service for a client of other services firms.  As an employee of such a firm, the firm pays the agent from the fees paid to the firm by the artist client of the firm.
4. Artists’ Representative: Also much the same as an “Artists’ Agent”, except without the “agency” relationship.  The services are more marketing and sales, less business.  The “artists’ rep” is more of an assistant to, “matchmaker” and advocate for the artist without being a conductor of business for the artist.  The rep will market and sell the artwork, but will not have the transactions run through the rep’s business.  All transactions remain direct between the artist and the art buyer, even if processed by the rep.  The rep will seek venues for the artist, and perhaps prepare applications to those venues for the artist, but the applications, and any resulting agreements, will be directly between, and executed by, the artist and the venue sponsor.  The rep may find promotional or advertising opportunities for the artist, but the artist will directly authorize any related purchase orders and sign any related agreements.  The rep may also help the artist by handling shipping and/or installation of the sold art work on behalf of the artist.

As said in my introduction to this blog, there being no title registration or licensing requirements that I am aware of for the roles described above, the titles are really subjective.  It’s the understanding of the role as agreed between the consumer and provider of the services that really matters.  Don’t assume that a specific set of services is included based on a subjective title.  Assumption is the mother of many problems!

If one of these types of service providers sounds right for you, take the time to find one, to  get acquainted and comfortable with each other, to check background & references, and then communicate openly to set goals, a scope of services and a compensation basis that meet your needs.  Avoid long-term commitments until you have had enough time working together to see how the relationship pans out.  The first months may actually be a growing and learning together period wherein the business relationship evolves to most successfully meet your needs.  This is a good thing!  Services packages that best deliver personalized service are not likely the “one size fits all” kind.

In my research for this blog, I found helpful information at the following websites:

• http://www.ehow.com/about_5378095_art-consultant-job-description.html
• http://www.artbusiness.com/agentfind.html
• http://drewbrophy.com/how-to-find-an-artists-agent/
• http://www.wisegeek.com/what-do-art-agents-do.htm
• http://www.artbusiness.com/artistmgr.html
• http://biznik.com/articles/gallery-representation-vs-artist-representation