Marketing Mondays: Gallery Red Flags

Warning: If you see too many of these in your dealings with a gallery, you may get burned

(Image from the internet)

Throughout history the red flag has been used as a warning. In the Middle ages it signified a fight to the death, while in the 18^th Century here and in Europe, it signified revolt (particularly effective when soaked in blood). Today the National Weather service employs the red-flag warning as an alert to the hot, dry and windy conditions that can start and fan a conflagration. Colloquially, of course, it’s a metaphor for caution.

Who among us in the art community has not been confronted with the metaphorical red flag? I can’t speak for dealers and curators, but as an artist I have seen an abundance of them: the dealer who “forgets” to tell me a work has been sold, who prints or posts images with incorrect information; who damages work and then shrugs it off with an, “I know you can fix it”—even when I can’t.

Contrast that irresponsibility with the dealer who says, “You've already waited too long for payment. I'll write you a check now for the full amount and secure payment at my end from the collector.”  Or the dealer who recently emailed to say, “Just want to let you know that the gallery is closing in this location. I’ll have more information later but right now my priority is returning all the work to the artists.” These are the dealers you hold dear.

My friend Jhina Alvarado, a San Francisco painter, has seen an abundance of red flags lately. In When It's Time to Jump Ship, a recent post on her Rising Artist blog, she talked about the flags waving so madly that she finally had to leave the gallery: the bounced check, the cancelled opening, the 30% discount (!) and more.

There are other red flags. Have you seen any of these?

. Sloppy bookkeeping

. Unreturned emails

. Unreturned phone calls

. The dealer who treats clients to lavish dinners but nickels and dimes the artists

. Who demands “exclusivity” but whose client list, editorial connections and sales are sparse
. Who expects you to sign an onerous contract (one that stacks the terms in the gallery's favor, making you feel like the janitor rather than an equal half of the business arrangement)
. Who wants only “new work” and then hoards what you provide until it’s “too old to sell”

. Who turns down any and all requests with, “It’s gallery policy.” What policy?

. Who asks you repeatedly for the information—bio, resume, statement, price list—that you have already sent. Twice

. Who needs everything at the last minute, which means you’re left scrambling to meet the last Fed Ex pickup of the day and then send it priority overnight. (Ask for the gallery Fed Ex number so that you don't get stuck with the bill for their disorganization, since you would have sent it via the far-cheaper three-day service)

. And, who tells you, all together now: The check is in the mail

There is recourse to some of this

. Pull out of the gallery. It’s rarely easy leave representation, especially if it’s your only gallery, but you need to pay attention to the red flags

. Drive to the gallery, with packing materials if necessary, to retrieve your work. Bring your signed inventory list (make sure you get one of those; generate it yourself if you must)
. If you can’t retrieve work or money that’s due you, contact your state's attorney general. Part of what they do is help citizens with business and consumer issues

. Contact Volunteer Lawyer for the Arts. Usually a consult is free. Then if you and an attorney decide to work together, ask for a reduced rate. Or see if the attorney would be open to a trade of art for service

. Find out if this gallery is a member of any art dealer's association, or a local business organization. In a brief, clear letter, let those groups know of the way you were treated. Any ethical institution will want to know if its members are behaving unethically or illegally

. Contact other artists in the gallery. If they have experienced something similar, perhaps you can hire an attorney together and work together

Better still, look for those red flags before you get involved with the gallery

. No website? Red flag

. Out of date website? Red flag

. Is the contract onerous? Does the dealer expect you to agree to terms like no gallery insurance and no responsiblity for damage to artwork while it's in the gallery's possession? Red flag

. Does the gallery expect you to pay shipping both ways? Does it expect to operate with no limits on the discount it will extend to a collector? Does it expect you to relinquish your mailing list to them? Red flag

. When you visit the gallery, have you seen it left too often in the hands of the assistant or secretary? Red flag. (It is possible that your dealer is wheeling and dealing via cell phone and cloud computing while on the beach in Tahiti. Possible, not likely)

. Has the gallery moved around a lot? Reddish flag. Galleries do move, but moving too often suggests that rent hasn’t been paid and the dealer is trying to stay one step ahead of the old landlord

. Inquire discretely of one or two of the gallery artists what their experience has been. Promise confidentiality. And then stick to that promise. Are you hearing about late payments or checks in the mail that never arrive? Red flag. Are you hearing of this situation from many or most of the gallery's artists? Run!
. Listen to the conversation at openings. Much of what you hear will be gossip, but there may be nuggets of useful information as well, particularly if there is a pattern to the stories from different people over time

Now, over to you: Tell us about the red flags in your experience. And what you’ve done about them.

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