In RIGHTS the Kunstenbond, union for artists and everyone who works in the cultural and creative sector, takes a closer look at a legal topic that is essential to the artist's professional practice. This edition takes you into the world of liability. Lawyer Jet Hootsmans explains what you need to pay attention to in order to keep your risks as under control as possible.
For each text in the rechtReeKs series, the Arts Union chooses an appropriate image made by one of its member artists that has no relation to the issues in the article. This time: Yvonne Dröge Wendel, Black Ball, Bolzano, diameter 3m
Traffic in Amsterdam is occasionally complete chaos. And when I'm in a hurry, I also sometimes venture a little too easily on my bike across a crowded intersection. I know I am taking a risk and feel the stress even before I cross. A restless feeling that lingers for a while. Was this really worth the risk? One moment of bad luck and the consequences could have been considerable.
Bringing a work of art into the world with that nagging little voice about what could go wrong
Oddly enough, this is the same feeling that comes to mind when I speak to an artist about the concerns surrounding the risks of an artwork. The "if only it goes well" feeling. Putting a work of art out into the world with that gnawing little voice about what could go wrong and what consequences it could have. No matter how well and firmly a work of art is made.
Take the example of a client of mine. He had created a piece of art for the loft of an office. After a year, one of the wires came loose, causing some sharp parts to fall down and damage an expensive natural stone staircase. The damage was significant. Fortunately, no one was injured.
Liability issues are often complex
Since the artwork was the responsibility of the artist, he was held liable for its repair. This proved to be a pricey undertaking, also because of the size and height of the work. In addition, the artist was held liable for the repair costs of the stairs because the artwork was not securely and durably attached. All in all, the costs were higher than he had earned from the work.
Liability issues are often complex. They can cost you a lot of time, money and headaches. Especially if there are multiple parties involved, such as insurance companies or those who helped create the artwork, such as subcontractors, fabricators or installers.
How can you avoid this?
It is especially important to pay close attention to what kind of contract you are signing. Even for temporary exhibitions. It often holds the artist fully liable for damages. You may wonder how fair that is. As a self-employed person you are responsible with your private assets while for a company it is very different. There, it is not the owner who is personally liable, but the company itself.
It is especially important to pay close attention to what kind of contract you are signing
My advice: don't just agree to such a deal. Far better to limit your liability. That is also an agreement that can be made.
I would be happy to help you review your contract or a provision that gives you a grip on risk. After all, it would be nice if you could put that nagging little voice to rest.
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