Relevant types of contracts in the artistic field

Artists have various ways of earning money. They are often paid for their artistic performance itself (e.g. concert performances, acting, readings, etc.) and/or they generate income through licensing fees from already produced artistic works (royalties, license agreements, etc.). Additionally, artists may engage external partners (management, agencies, etc.) to support them in the exploitation of their artistic performances.

Some classic examples of such contracts are:

1. Artwork contract (purchase agreement): An artwork contract regulates the legal relationship between the artist and the buyer or client when it comes to the sale or commissioning of an artwork.

2. Event contract: An event contract regulates the legal relationship between the organizer and the artist or artist agency. This contract specifies the conditions of the performance agreement, such as the manner of performance, the duration and location of the event, as well as the compensation.

3. Author contract: If an artist is active in the fields of literature, music, or film, an author or composition contract may be relevant. This regulates the usage rights of the artist's works and the compensation for their use.

4. License agreement: If an artist grants usage rights to third parties for their works, it is a license agreement. This regulates the conditions for use and the compensation for the artist.

5. Exhibition contract: If an artist presents their works in a gallery or exhibition, an exhibition contract may be relevant. This regulates the conditions for the exhibition, the sales modalities, and the compensation for the artist.

6. Guest performance contract: If an artist participates in another theater or event for a limited time, it is a guest performance contract. This regulates the conditions for the guest performance, such as compensation, travel expenses, and accommodation costs.

7. Work contract/fee contract: If an artist is commissioned for a specific artistic performance or production, it is a work contract or fee contract. This regulates the conditions for the creation of the work or the performance, such as compensation, delivery time or schedule, and quality.

8. Employment contract: If an artist is a permanent employee in a company or institution, it is an employment contract. This regulates the conditions of employment, such as working hours, compensation, and working conditions.

9. Agency contract: If an artist is represented by an agency, it is an agency contract. This regulates the cooperation between the artist and the agency and the compensation for the agency's services.

10. Management contract: A management contract is signed between an artist and a manager and regulates the cooperation, the representation powers, and the compensation for the manager's services.

11. Publishing contract: If authors want to publish a book or other publication, or composers want to publish a piece of music, a publishing contract may be relevant. This regulates the legal relationship between the author and the publisher and covers topics such as the transfer of usage rights, the compensation for the author, and the marketing of the work by the publisher.

12. Merchandising contract: A merchandising contract regulates the legal relationship between an artist and a company that wants to produce and sell goods with the artist's image or brand. This contract regulates the conditions of image or brand usage and the compensation for the artist.

13. Sponsorship Contract: A sponsorship contract is signed between an artist and a sponsor. This contract regulates the terms of cooperation between the two parties, such as the type of advertising, compensation, and the duration of the collaboration.

14. Cooperation Contract: A cooperation contract is signed between two or more artists or companies to collaborate and create artworks or cultural projects together. This contract regulates the terms of cooperation, such as the way of cooperation, compensation, and the division of rights to the artworks.

The types of contracts in detail

Artwork contract

An artwork contract is a purchase agreement between an artist and a buyer. The contract regulates the legal relationship between both parties with regard to the purchase or sale of an artwork. Below are some important points that may be included in an artwork contract:

1. Description of the artwork: The contract should contain a detailed description of the artwork, including the medium, size, colors, and other important features.

2. Condition of the artwork: The contract should describe the condition of the artwork at the time of sale or delivery and provide a warranty for the condition of the artwork.

3. Price and payment terms: The contract should set the price of the artwork as well as the payment terms, such as down payment, payment deadlines, or installment payments.

4. Delivery and shipping: The contract should regulate the delivery terms, such as delivery address, delivery time, and mode of transportation.

5. Transfer of ownership and risk: The contract should regulate when the ownership of the artwork passes to the buyer and who bears the risk of loss or damage to the artwork.

6. Warranties and guarantees: The contract may include warranties or guarantees for the artwork, such as a warranty for the authenticity or originality of the artwork.

7. Return and exchange terms: The contract should regulate under what conditions and within what timeframe the artwork can be returned or exchanged.

8. Intellectual property: The contract should regulate who owns the intellectual property rights to the artwork and who has the rights to reproduce or sell the artwork. If necessary, it should be agreed that the artist must be allowed access to the work if, for example, they want to create a catalog of their own works and require a photograph.

An artwork contract is an important tool for defining the rights and obligations of the parties involved clearly and unambiguously, and to avoid possible disputes.

Event contract

An event contract with an artist is a contract between an organizer and an artist. The contract regulates the legal relationship between both parties with regard to the planning and execution of an event. Below are some important points that may be included in an event contract with an artist:

1. Type of event: The contract should describe the type of event, such as a concert, exhibition, or theater performance.

2. Date and location: The contract should set the date and location of the event.

3. Fees and compensation: The contract should set the fees and compensation for the artist, including any travel or meal expenses.

4. Performance conditions: The contract should regulate the conditions for the artist's performance, such as the duration of the performance, the repertoire, or the number of performances.

5. Technical requirements: The contract should regulate the technical requirements for the event, such as the stage equipment, lighting, or sound technology.

6. Insurance: The contract should regulate the insurance conditions for the event, such as liability insurance or accident insurance.

7. Intellectual property: The contract should regulate who owns the intellectual property rights to the event and who has the rights to reproduce or sell the event.

8. Termination and withdrawal: The contract should regulate under what conditions and within what timeframe the contract can be terminated or withdrawn from.

It is recommended to attach a "Technical Rider" with the technical equipment requirements and a "Hospitality Rider" with the details of the desired food and accommodation separately (annex to the contract). However, the contract should refer to the fact that all "Riders" are an integral part of the event contract.

Author contract

An author contract with an author regulates the legal relationships between a publisher and an author regarding the publication of literary works, musical compositions, or film scripts. The following are some important points that may be included in an author contract with an author:

Type of work: The contract should describe the type of work, such as a novel, a collection of poems, or a screenplay.
Usage rights: The contract should regulate the usage rights of the work, such as the publishing or filming rights.
Fee and compensation: The contract should establish the fee and compensation for the author, including any advances or royalties.
Editing rights: The contract should regulate whether the publisher has the right to make changes or edits to the work.
Publication: The contract should regulate when and in what form the work will be published, such as a book, e-book, or audiobook.
Contract duration: The contract should establish the duration of the contract, how long the publisher has the right to use the work.
Copyright: The contract should regulate who owns the copyright to the work and who has the rights to reproduce or sell the work.
Termination and withdrawal: The contract should regulate under what conditions and within what timeframe the contract can be terminated or withdrawn.

Artist license agreement

An artist license agreement with an artist regulates the legal relationships between a licensee and a licensor regarding the use of artistic works, such as musical compositions, images, or films. The following are some important points that may be included in a license agreement with a licensor:

Type of work: The contract should describe the type of work, such as a musical composition, a painting, or a film.
Usage rights: The contract should regulate the usage rights of the work, such as the right to publicly perform, reproduce, or distribute.
Compensation: The contract should establish the compensation for the licensor, including any licensing fees or royalties.
Contract duration: The contract should establish the duration of the contract, how long the licensee has the right to use the work.
Geographic area: The contract should regulate the geographic area in which the licensee can use the work.
Copyright: The contract should regulate who owns the copyright to the work and who has the rights to reproduce or sell the work.
Obligations: The contract should regulate the obligations of the licensee, such as complying with copyright laws or crediting the licensor as the creator of the work.
Termination and withdrawal: The contract should regulate under what conditions and within what timeframe the contract can be terminated or withdrawn.

Note: It is important to explicitly list all possible types of usage in the contract. Copyright is usually interpreted in favor of the author. Usage types that are not explicitly listed are usually not considered granted.

Exhibition contract

An exhibition contract with an artist regulates the legal relationships between a gallery or museum as the organizer and an artist who wants to present their works in an exhibition. The following are some important points that may be included in an exhibition contract with an artist:

Exhibition location and duration: The contract should specify the exhibition location and the period during which the artist's works will be presented.
Selection of works: The contract should regulate which works will be shown in the exhibition and who is responsible for selecting and placing the works.
Transport and insurance: The contract should regulate who is responsible for transporting the works to and from the exhibition location and who is liable for the insurance of the works during transportation and exhibition.
Opening hours and admission fees: The contract should regulate the exhibition's opening hours and whether admission fees will be charged.
Compensation: The contract should specify the artist's compensation, including any sales commissions or fees.
Obligations: The contract should regulate the artist's obligations, such as compliance with copyright regulations or participation in opening events or tours.
Termination and withdrawal: The contract should regulate under what conditions and within what timeframe the contract can be terminated or withdrawn.

Guest performance contract

A guest performance contract with an artist regulates the legal relationships between an organizer and an artist who wants to perform on a stage as part of a guest performance. The following are some important points that may be included in a guest performance contract with an artist:

Performance location and time: The contract should specify the performance location and the period during which the artist will perform on stage.
Fee: The contract should specify the amount of the fee that the artist will receive for their performance.
Technical requirements: The contract should regulate the technical requirements that the artist needs for their performance, such as a specific stage size, lighting and sound equipment, or special props.
Accommodation and meals: The contract should regulate who is responsible for the artist's accommodation and meals and who will bear the costs.
Transport: The contract should regulate who is responsible for transporting the artist to and from the performance location and who will bear the costs.
Rehearsal time: The contract should specify the rehearsal time and the number of rehearsals that the artist needs before the performance.
Advertising: The contract should regulate who is responsible for advertising the performance and who will bear the costs.
Liability: The contract should regulate who is liable for any damages or injuries during the performance.
Termination and withdrawal: The contract should regulate under what conditions and within what timeframe the contract can be terminated or withdrawn.

Fee contract/Work contract

A fee contract/work contract with an artist regulates the legal relationship between the artist and a client who hires the artist for a specific artistic performance. Below are some important points that may be included in a fee contract with an artist:

Type of performance: The contract should describe the type of artistic performance that the artist will provide. This may include a musical performance, a theater play, a performance, or the creation of a work of art.
Timeframe: The contract should specify the timeframe in which the artist will provide the performance.
Fee: The contract should specify the fee that the artist will receive for the performance.
Rights: The contract should specify which rights the client will have to the artist's performance, such as publishing rights or usage rights.
Technical requirements: The contract should specify the technical requirements that the artist will need for the performance, such as a specific stage size, lighting and sound equipment, or special props.
Transportation and catering: The contract should specify who is responsible for transporting the artist to and from the performance location and who will cover the costs. In addition, it should be clarified who is responsible for catering during the performance.
Liability: The contract should specify who is liable for any damages or injuries that may occur during the performance.
Termination and withdrawal: The contract should specify the conditions and timeframe for termination or withdrawal from the contract.

Employment contract

An employment contract (service contract) in the cultural sector regulates the legal relationship between an employer and an artist who is in a fixed employment relationship. The contract typically includes the following points:

Parties to the contract: The names and addresses of the employer and the artist are recorded.
Place of work and working hours: It is specified where and when the work is to be performed.
Activity: The exact activity is described, including the tasks that the artist must perform within the scope of the employment.
Remuneration: The remuneration is specified, either as a fixed salary or partly dependent on the performance provided.
Vacation: It is specified how much vacation the artist has and how it can be taken.
Illness: Regulations are made on how to deal with illness, such as regarding sick pay during illness.
Termination: Regulations are made regarding termination, such as regarding the notice periods for termination.
Special regulations: Additional regulations may be made depending on the needs, such as confidentiality agreements, work materials, etc.

Agency agreement

An agency agreement in the cultural sector regulates the legal relationship between an artist and an agency that represents them. The contract usually includes the following points:

Parties: The names and addresses of the artist and the agency are recorded.
Authorization: The artist authorizes the agency to act on their behalf and to enter into contracts.
Activities: It is specified which activities the agency should perform for the artist, such as arranging engagements and assignments, providing legal and financial advice, etc.
Remuneration: The agency's remuneration is determined, either as a fixed sum or depending on the amount of revenue generated.
Contract duration and termination: Provisions are made regarding the validity of the contract and under what circumstances it can be terminated prematurely.
Obligations of the parties: The obligations of the artist and the agency are recorded, such as regarding cooperation, information obligations, confidentiality obligations, etc.
Liability: Provisions are made on who is liable if mistakes are made or damages occur.
Special provisions: Further provisions can be made depending on the needs, such as the sources of supply for the agency, contractual penalties for breaches, etc.

Management agreement

A management agreement in the cultural sector regulates the legal relationship between an artist and their management. The contract usually includes the following points:

Parties: The names and addresses of the artist and the management are recorded.
Authorization: The artist authorizes the management to act on their behalf and to enter into contracts.
Activities: It is specified which activities the management should perform for the artist, such as arranging engagements and assignments, providing legal and financial advice, image maintenance, etc.
Remuneration: The management's remuneration is determined, either as a fixed sum or depending on the amount of revenue generated.
Contract duration and termination: Provisions are made regarding the validity of the contract and under what circumstances it can be terminated prematurely.
Obligations of the parties: The obligations of the artist and the management are recorded, such as regarding cooperation, information obligations, confidentiality obligations, etc.
Liability: Provisions are made on who is liable if mistakes are made or damages occur.
Special provisions: Further provisions can be made depending on the needs, such as the sources of supply for the management, contractual penalties for breaches, etc.

Publishing contract

A publishing contract regulates the relationship between a publisher and an author. The publishing contract establishes the rights and obligations of both parties. The following points can be included in a publishing contract:

1. Object of the contract: This specifies which works the author assigns to the publisher and which rights the publisher obtains.

2. Publisher's obligations: The publisher commits to tasks such as production and distribution of the works, as well as creating promotional materials.

3. Author's obligations: This may include the author's obligation to complete the work within a specific timeframe and to what extent the publisher may intervene in the editing process.

4. Compensation: This specifies the payment the author receives for the assignment of the usage rights. It may include an advance payment and/or a share of the sales revenue.

5. Contract term: This specifies how long the publisher has the usage rights to the work.

6. Other regulations: This can include additional provisions, such as copyright, liability, or contractual penalties.

A publishing contract is usually an exclusive contract, meaning the author cannot publish the work elsewhere or assign usage rights to others during the contract term.

Merchandising contract

A merchandising contract regulates the relationship between an artist and a company that produces and sells products with the artist's name, image, or other attributes. The following points can be included in a merchandising contract:

1. Object of the contract: This specifies which products can be produced and sold.

2. Artist's rights: It regulates which rights the artist retains regarding their own images or other attributes and which usage rights are transferred to the company.

3. Company's obligations: This specifies the company's obligations, such as production and marketing of the products, creation of promotional materials, or payment of licensing fees.

4. Compensation: This specifies the compensation the artist receives for the use of their attributes, for example, through a one-time licensing fee or a share of the sales revenue.

5. Contract term: This specifies how long the contract is valid.

6. Other regulations: This can include additional provisions such as data protection or liability.

A merchandising contract is usually an exclusive contract, meaning the artist cannot produce or sell products with their name, image, or other attributes through other companies during the contract term.

Sponsorship agreement

A sponsorship agreement is a contract between a sponsor and a sponsored company, event, or individual. This contract defines the terms and conditions, as well as the services that the sponsor will provide as part of the sponsorship.

Typical contents of a sponsorship agreement may include:

The subject of the sponsorship: This defines what the sponsor will be sponsoring, such as an event or project.
Services provided by the sponsor: The sponsor agrees to provide certain services, such as financial support, product or service offerings, or advertising measures.
Counter-performance by the sponsored company, event, or individual: The sponsored party agrees to provide certain counter-performances, such as displaying the sponsor's advertisement, mentioning the sponsor in public, or providing advertising space.
Duration of the contract: It specifies how long the sponsorship will last.
Termination of the contract: It regulates the conditions and notice period required to terminate the contract.
Liability and warranty: This outlines the provisions for liability and warranty.
Contractual penalties: It may be agreed that contractual penalties will be imposed in case of breach of contract.

A sponsorship agreement can be of great benefit to both parties. The sponsor can improve its image, increase its visibility, and reach its target audience, while the sponsored cultural worker receives financial support and advertising measures.

Cooperation agreement

A cooperation agreement regulates the collaboration between two or more partners in a joint project or initiative. The contract contains provisions for the rights and obligations of the participating partners as well as the distribution of costs and profits.

A cooperation agreement may include the following points:

The subject of the contract: The exact content and scope of the cooperation are specified. The aim of the cooperation and the resources available for it are clarified.
Obligations of the participating parties: It defines the tasks and responsibilities that each party assumes and to what extent they are obliged to cooperate.
Allocation of costs and profits: It is determined who bears which costs and how the profits from the cooperation are divided.
Duration of the contract: It determines how long the cooperation will last and what conditions justify premature termination of the contract.
Regulations on intellectual property rights: It specifies who has which rights to the joint project or initiative and how these rights may be used.
Confidentiality agreement: It can be specified which information is confidential and how it should be protected.
Other provisions: Additional provisions such as liability issues or regulations for dispute resolution may be included.

A cooperation agreement is important to clearly regulate the collaboration of the participating parties and to avoid potential conflicts.

Contract law