Well put, Britt.
Linda M. Feltner Artist, LLC
P.O. Box 325
Hereford, AZ 85615
(520) 803-0538

On Jul 15, 2013, at 10:19 PM, Britt Griswold wrote:


You will want to ask them to "modify" that No Sharing or Posting section.  Many client/institutions have no problems with the artist posting examples of their work as long as the finished product has been made public.  Maybe if you specify that during the exclusive phase of the art use, you could only post images less than a certain number of pixels, and identifying who the work was originally done for.

But since you really are giving them a license to use the work exclusively for a specified period, you should be asking to replace that clause with "no posting or sharing before the exhibit opening." Or add in "no high resolution images that would allow reproduction. " if they baulk.

If they want to take away your ability to publicize your ability  to create work by not allowing you to display published work, they are asking you to be harmed financially, so you should charge them for the privilege unless they agree to modify the clause.

Or it might be easier to leave the clause as is and add in one of your own that says the institution is giving written consent within this contract for you to use the images in the (non-sales) promotion of your services in all media between the time the exhibit is opened until their license runs out.  If they balk, give back "merchandise" promotion, or add an image size limit. That way the consent they want you to get is given upfront for the uses you need. just an idea...

I am afraid others will have to speak up about what they did with this sort of issue, or if my ideas have a chance of success. I have never run into this problem.



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