Verified as of 27 September 2026. If anything has changed, let me know and I will update it with the date of the change.
Working with a gallery can mean leaving works with it so that it tries to sell them, selling them to it directly, organising an exhibition or maintaining a stable representation relationship. Each arrangement changes who keeps ownership, who sets the price, when payment is made and what each party can do outside the relationship.
I have not found a specific, comprehensive Spanish regulation of the contract between artist and gallery. The general rules on obligations and contracts, intellectual property, commerce and taxation apply and, depending on the case, those on deposit, commission, sale or other legal forms. This guide does not classify any particular contract or replace its legal review.
Common arrangements
Handing over works for sale
The artist hands over works so that the gallery can keep, show and try to sell them. Ownership does not pass to the gallery by the mere handover. The contract should specify whether the gallery sells in its own name or on behalf of the artist, how it documents the transaction, what amount corresponds to each party and when it settles.
Calling it 'consignment' does not in itself settle the whole relationship. There may also be intermediation, exhibition, image authorisation and the provision of services.
Direct purchase
The gallery buys the piece and becomes the owner of the physical object. Price, invoice, delivery, risk and image rights must be agreed. Buying the physical work does not in itself transfer the exploitation rights.
Article 24 of the Intellectual Property Act contains an exception to the resale right: it does not apply to the resale of a work that the gallery bought directly from the author when two conditions are met together: no more than three years have passed since the purchase and the resale price does not exceed €10,000, excluding taxes.
One-off exhibition
The gallery organises an exhibition for a set period. As well as the terms of sale, the agreement should cover selection, production, transport, insurance, installation, communication, opening hours, return and cancellation. An exhibition does not in itself create an obligation of later representation.
Ongoing representation
The gallery takes on promotion, exhibition, sales and relations with collectors or institutions over a period. The scope can be limited by work, series, territory, channel or type of client. 'Representation' should not be used as an open-ended promise.
Inventory and handover
Every work that comes in or goes out should be documented in a signed list that includes:
- inventory number, title, year, medium and dimensions;
- photograph and condition;
- retail price and discount terms;
- handover date and term;
- insured value;
- location, or whether it may be moved to fairs, storage and other venues;
- person authorised to collect or return the works.
Update the document with every sale, loan, move or return. The artist's inventory should match the gallery's.
You can use the master artwork record in ODS format to keep the inventory, and the 'Depósito en galería' (gallery consignment) sheet in the same file to record each handover. The consignment sheet in CSV is also available.
The consignment sheet is a record of what has been handed over. It lets you link each movement to the inventory number, pull in the title automatically in the ODS and note the condition, retail price, split, insurance and return or sale. It does not replace the contract, nor does it on its own govern custody, liability, insurance, commission, discounts, payment terms or return. Those terms must be agreed separately.
Price, split and settlement
The contract should settle:
- who sets and changes the retail price;
- whether the gallery may give discounts, and up to what limit;
- what amount each party's share is calculated on;
- who bears taxes, financial costs and discounts;
- when the artist's right to payment arises;
- within what timeframe the gallery must settle;
- what information and documents accompany each settlement.
There is no legal or universal commission percentage. A percentage can only be judged together with the services, costs, risk, territory and exclusivity involved.
The payment term should not depend on a vague formula such as 'when possible'. If the gallery allows a buyer to pay in instalments, it must be clear who bears the risk of non-payment and whether the artist is paid in instalments or when the sale is completed.
Exclusivity
An exclusivity arrangement should define:
- works or production periods covered;
- territory;
- channels and clients included;
- duration and renewal;
- sales from the studio, the website, fairs and other galleries;
- commissions, public art, licences and institutional sales;
- minimum obligations of the gallery;
- consequences of breach, and exit.
A worldwide exclusive covering the whole of the artist's output, with no activity obligations for the gallery, ties the artist down without guaranteeing promotion. Exclusivity should be matched by verifiable commitments.
Costs
Assign in writing production, framing, photography, packing, transport, customs, storage, installation, catalogue, advertising, fairs, travel and returns. Distinguish the gallery's own costs from advances recoverable from future sales.
If the gallery may deduct costs before calculating the split, list them and ask for supporting documents. Avoid open-ended phrases such as 'all related costs'.
Custody, insurance and damage
Establish who is responsible from collection to return and what cover exists at the gallery, in storage, in transit and at fairs. The contract should identify the value, risks, exclusions, excess, beneficiary and claims procedure.
It is not correct to say that, if there is no insurance, all the risk automatically falls on the artist. Liability may depend on custody, diligence, the contract and the circumstances. The lack of cover does, however, increase the risk that an established liability cannot be met quickly.
Nobody should restore, clean or alter the work without authorisation, except in an emergency to prevent greater damage and with immediate notice.
Reproduction and communication
The gallery usually needs images for its catalogue, website, social media, press and archive. The authorisation should state the works, purposes, media, territory, duration, credits, permitted changes and when the use ends.
Promoting the relationship does not automatically justify merchandise, editions, prints for sale, sublicences or later campaigns. Nor can the gallery authorise rights in photographs taken by third parties if it does not control them.
Information on sales and clients
Agree what information the artist will receive after a sale: date, work, retail price, discount, taxes, costs, payment term and general destination. Data protection may limit the disclosure of the buyer's personal information, but it does not prevent a verifiable financial settlement.
Confidentiality should protect legitimate information without preventing the artist from documenting the provenance of their work, meeting tax obligations or claiming sums owed.
Ending the relationship
Set out:
- duration and notice period;
- sales under negotiation when the relationship ends;
- commissions on clients introduced by the gallery;
- return, transport and deadline;
- removal of images and updating of prices online;
- outstanding settlements;
- keeping documents and data.
Review the inventory together when the relationship ends. Do not sign a generic receipt if pieces are missing or there is unresolved damage.
Signs to stop
- Not even the list of works handed over is signed.
- Payment has no deadline or documentation.
- The gallery can change prices and discounts without limit.
- The exclusive is broad, open-ended and without matching obligations.
- Recoverable costs are not defined.
- Custody, insurance and return are not clarified.
- A general authorisation of all rights, for any use, is required.
- The gallery charges for exhibiting and also takes a commission without explaining the services or costs.
No single sign proves anything unlawful on its own. It does show that the risk or the decision-making power is unbalanced.
On the open conversation
This guide describes common arrangements and the questions best settled in writing. It does not propose percentages or a contract ready to sign. If you run a gallery or work with galleries as an artist and notice a point that needs clarifying, the guide remains open.
Sources
- Royal Legislative Decree 1/1996, of 12 April, Intellectual Property Act, Arts. 17, 24, 43, 45, 48 and 56.
- AAVIB, Code of professional best practices in the visual arts.