Sample documents for artists

In this article, we have compiled the most popular documents necessary for professional artists to protect their rights, freedoms, and interests. The documents were prepared taking into account current trends in the modern art market and the needs of both artists and buyers. The documents are also drafted in accordance with the provisions of Ukrainian legislation and international law norms.

The provided document templates are forms that users can download, copy, and modify for further use. For professional advice in the field of intellectual property rights, civil and commercial litigation, or legal support, please contact the consultants at ArtDom gallery.

Certificate of Authorship for an Artwork

A popular request to artists from buyers is: "Do you provide a document along with the painting that confirms your authorship?". In accordance with the Berne Convention and Article 11 of the Law of Ukraine "On Copyright and Related Rights", a presumption of authorship applies. Copyright arises at the moment the work is created and does not require any formalities (neither passports nor registrations). This means that a handwritten document with the artist's signature already has legal force as a statement or receipt.

From the perspective of civil law, a written document from the artist on letterhead or simply handwritten on paper will be sufficient. The main thing is that this expression of will has legal force. For this, the artist must record the following data:

1. Full name of the artist;
2. Title of the artwork (painting, graphic, sculpture);
3. Year of creation;
4. Materials and technique;
5. Dimensions;
6. Edition number, if the item was reproduced;
7. Date, city of signing, personal handwritten signature (not a facsimile);
8. Passport details — not mandatory, but desirable to identify the person in civil legal relations (to prove that this Artist is exactly the same Artist as in the passport, and to avoid fraud).

You can download the Certificate of Authorship template via this link.

Certificate of Authenticity

A slightly modified form of authorship confirmation that has a more presentable cover. Professional artists make certificates themselves on their letterhead or order them from galleries. The latter option emphasizes the fact that the artist collaborates with an art dealer who promotes their work. 

Artists often design their own certificates to stand out among other artists and be remembered by the buyer. This increases the chances of a repeat sale, as collectors remember such details. Below we have attached certificate templates that you can modify and edit using graphic editors to your liking.

You can download the Certificate of Authenticity template via this link.

You can also order a certificate of authenticity for an artwork from the ArtDom gallery via this link.

Purchase and Sale Agreement

An important document in the art market that helps the parties avoid disagreements and agree on all the terms of the deal on paper. This document regulates the transfer of ownership of a physical object — the canvas, stretcher, and paints themselves. It is the main legal guarantee that the buyer becomes the legal owner of the material item, and the artist receives the agreed remuneration on time and in full. While negotiating the terms of the agreement, the artist can sell the painting as a material object and can also transfer intellectual property rights to the buyer.

The Purchase and Sale Agreement template with an acceptance certificate is available via this link.

Exhibition Agreement

This is your main shield against the most common risks in the art market: accidental damage to the work during the exhibition, theft, unauthorized commercial use of its image, or a delay in returning the work to the owner. It turns verbal gentlemen's agreements with the gallery into clear legal obligations. The document details every step: from transportation and installation rules to insurance terms, security of the premises, and payment of commissions in case the painting is sold directly from the exhibition hall.

Therefore, when transferring an artwork for exhibition at a show or art fair, the artist has the right to demand the signing of an agreement to record the following details:

- establishing the fact of transferring the painting(s) for temporary use for a certain period of time;

- the purpose of the exhibition — presenting the artist's work with the mandatory indication of the artist's first and last name and/or pseudonym, displaying for sale at an agreed price;

- the condition of the painting (presence or absence of damage, characteristic features);

- exhibition conditions (for example, indoors or outdoors, on a pedestal or framed on a wall, with additional lighting, etc.).

If the exhibition takes place in Ukraine, it is also worth considering accident insurance. The art space must exhibit the works in a safe location, ensure proper exhibition conditions, security of the premises, and have a working fire extinguishing system.

The Exhibition Agreement template with an acceptance certificate is available via this link.

Copyright Transfer Agreement (Author's Agreement)

Most buyers of paintings think that by purchasing a painting, they automatically acquire the copyright to this artwork. However, this is only possible if it is provided for by the terms of the agreement between the author of the painting and the buyer. An exception is artworks that are in the public domain. According to the Law of Ukraine "On Copyright and Related Rights" (Article 30), works for which the term of copyright has expired (70 years after the author's death) pass into the "public domain". When a painting passes into the public domain, it can be freely and free of charge used by anyone for commercial purposes, but with the mandatory preservation of the author's name and the integrity of the work itself.

In accordance with the current legislation of Ukraine, economic copyrights are transferred exclusively in written form. This agreement is the only legal tool for a buyer who plans to use the image of the painting for commercial, advertising, or public purposes. The text of the document must explicitly detail specific methods of use (for example: printing on clothes, using it in packaging design, digital marketing), the territory of the agreement, and its terms.

Copyrights grant their owner the following capabilities:

• mass-producing merchandise with the image.

For example, placing the image of the painting or its fragment on water bottles. Or printing the image of the painting or its fragment on T-shirts.

• placing the image of the painting on the Internet, in book publications.

For example, the copyright owner can publish a book where the paintings will act as illustrations.

• the ability to modify the image.

For example, creating a pattern for cross-stitching a painting with such an image.

You can download the Copyright Transfer Agreement template via this link.

The specified documents are an important part of the artist's legal life and require attention to detail. Therefore, carefully study the issue of protecting your own rights and interests. If you need help, contact the consultants at ArtDom gallery.