The Artist Agreement is a vital legal instrument in the Swiss arts and cultural sector, designed to formalize relationships between artists and various commissioning entities. This document becomes necessary when engaging artists for exhibitions, performances, commissions, or ongoing representation. It carefully balances the requirements of Swiss federal and cantonal laws, particularly in areas of copyright, cultural promotion, and contract law. The agreement typically includes detailed provisions for artistic services, intellectual property rights management, compensation structures, and moral rights protection. It's specifically crafted to comply with Swiss legal requirements while addressing practical aspects of artistic collaboration, from project timelines to technical specifications. The document's scope can be adjusted to accommodate various artistic mediums and engagement types, from one-time commissions to long-term gallery representation.
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1. Parties: Identification of the contracting parties - the artist and the commissioner/gallery/venue
2. Background: Context of the agreement and general purpose of the artistic engagement
3. Definitions: Key terms used throughout the agreement including 'Artwork', 'Services', 'Intellectual Property Rights'
4. Scope of Services: Detailed description of the artistic services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Artist's Obligations: Core responsibilities and commitments of the artist
7. Commissioner's Obligations: Core responsibilities and commitments of the commissioner/gallery/venue
8. Intellectual Property Rights: Ownership and licensing of intellectual property, including moral rights under Swiss law
9. Compensation: Payment terms, fees, and any revenue sharing arrangements
10. Attribution and Moral Rights: Requirements for crediting the artist and protecting their moral rights
11. Confidentiality: Obligations regarding confidential information
12. Insurance and Liability: Insurance requirements and allocation of risks
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Exclusivity: Terms of exclusive representation or services, used when the artist agrees to work exclusively with a particular gallery or commissioner
2. International Performance Rights: Additional provisions for international performances or exhibitions, needed when the artist will perform/exhibit abroad
3. Digital Rights: Specific provisions for digital reproduction and online presence, important for digital art or online exhibitions
4. Merchandising Rights: Terms for creation and sale of merchandise featuring the artist's work
5. Studio Access and Support: Terms regarding provision of studio space or support facilities, when applicable
6. Artist's Assistants: Provisions regarding the engagement of assistants or subcontractors
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. Social Media and Publicity: Specific terms regarding social media presence and publicity rights
1. Schedule 1 - Artwork Specifications: Detailed specifications of artworks or performances to be created/performed
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms, installments, and deadlines
3. Schedule 3 - Project Timeline: Specific dates and milestones for creation/delivery/performance
4. Schedule 4 - Technical Requirements: Technical specifications for installations, performances, or exhibitions
5. Schedule 5 - Approved Materials: List of materials to be used in artwork creation, if applicable
6. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements
7. Appendix B - Marketing Guidelines: Guidelines for use of artist's name, image, and work in marketing materials
Relevant legal definitions
Clauses
Relevant Industries
Arts and Culture
Entertainment
Media and Broadcasting
Events and Exhibitions
Museums and Galleries
Digital Media
Performing Arts
Visual Arts
Cultural Tourism
Education and Training
Hospitality
Retail (Art Sales)
Relevant Teams
Legal
Arts Administration
Cultural Programming
Events Production
Artist Relations
Exhibitions
Collections Management
Operations
Finance
Marketing and Communications
Contracts Administration
Relevant Roles
Artist
Gallery Director
Museum Curator
Cultural Program Manager
Arts Administrator
Exhibition Coordinator
Events Manager
Art Director
Creative Director
Legal Counsel
Contracts Manager
Cultural Affairs Officer
Artist Relations Manager
Collection Manager
Exhibition Designer
Production Manager
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