When Power Crosses Borders 

On the abuse of power in the relationship between the client and the artist, … 

Lately, I’ve been talking a little too often with visual artists who are constantly faced with new demands during a commission. What strikes me is how much clients sometimes seem to take it for granted that the artist will simply go along with it—as if dedication knew no bounds. Just like in this case.

A visual artist (m) has landed a commission for a large artwork to be installed at the entrance of a building. Shortly after the kick-off meeting, the project manager asks for an additional presentation. “Fine,” the artist thinks, “that’s part of the job.” A few weeks later, he’s asked if he can also sketch a variation for the other entrance, “just to see what it would look like.” Then: whether he would also be willing to make a scale model, “because that’s a requirement from the contractor.” Another week’s worth of work. None of this was in the assignment, and therefore not in the proposal either. None of this will be compensated.

A few weeks later, he receives a request asking if he can also sketch a version for the other entrance

If the artist points out that this is additional work and that he has already done a lot of extra work, he is put on the spot: “That’s just how it works—you know that yourself. We won’t pay this installment until this part has been approved.”

For the artist, the commission is important—both financially and for his portfolio. Another factor is that he has already put a lot of work into it and still has to be paid for it. 

This situation shows that inappropriate behavior is not only sexual or personal in nature, but also involves the abuse of power within a professional relationship. Constantly adding new demands that fall outside the scope of the original commission is problematic in itself if they are not compensated. It crosses the line as soon as the artist has no realistic opportunity to say “no.” Here, the project leader uses his position of power to stifle resistance, thereby undermining the artist’s autonomy. The artist’s legitimate objection is met with a condition that leaves him no choice. As a result, he is deprived of the opportunity for an equal dialogue.

It crosses the line as soon as the artist has no realistic way of saying “no”

This is particularly problematic because most visual artists work as self-employed professionals, which means that repeat commissions and reputation are crucial, and a commission can be canceled at any time. They are highly dependent. Moreover, the line between normal negotiation and the abuse of dependence is not always clear-cut. This leads to situations in which this behavior thrives.

In this case, the client was uncooperative. Was it unwillingness, pride, inexperience, or a project manager who was himself in a tight spot with his own supervisor? It makes no difference in terms of the outcome.

The artist keeps working, unpaid, with a knot in his stomach. He feels trapped. He has invested time, materials, and energy, and now his income depends on a client who seems to be taking advantage of him. 

The artist keeps working, unpaid, with a knot in his stomach

If you feel cornered by a client, you don’t have to figure it out on your own. Seek legal advice and have a professional assess whether there is additional work involved, whether there has been an abuse of power, and how you can address the issue without immediately causing the relationship to escalate. The legal experts at the Kunstenbond are familiar with the realities faced by visual artists and are happy to help you navigate the situation, whether before it gets out of hand or after things have already gone wrong. An independent confidential advisor can also help you figure out how to approach the conversation without immediately making things tense. Such a trusted advisor may be part of your client’s organization, or you can find one through Mores, the reporting center for inappropriate behavior in the arts and culture sector.

And then there are the matters you can take care of yourself in advance. Exclude the possibility of early termination, ensure there’s a solid clause covering additional work, and include a provision requiring both parties to act as responsible contractors and clients and to treat each other with respect. This raises awareness and sets the tone from the start: this kind of behavior is not the norm.