Code of Ethics of Art Market Participants

The code defines recommendations that help to structure the relationships of participants in the art market of contemporary art, help in professional activities and contribute to the formation of logical and transparent principles of its functioning, adopted by the international gallery community.
Members of the Association are obliged to:
Adhere to the recommendations of Code of Ethics of Art Galleries Association.
Members exercise due diligence in verifying the authenticity of works of art that they offer for sale.
Members specify in writing significant known defects and restorations of works or art that they offer for sale.
Members do not speak negatively about the Galleries Association and, therefore, about colleagues in the media or to other participants in the art market.
Members do not knowingly buy, sell or exhibit works of art that are not authentic works of art by the artists to whom they are attributed.
Members do not knowingly buy, sell or exhibit stolen works of art, and cooperate with law enforcement authorities in their efforts to identify, locate and recover stolen works.
Members are expected to provide the buyer with an accurate description and full information which should include the identity of the artist, the history of the origin of the work, the dimensions and medium of the work, and other relevant information. This information is contained in the accompanying certificate, which is considered to be a guarantee of professional and personal responsibility. The certificate must be issued in accordance with the standard approved by the Association. The authenticity of the work is certified, if possible, by the artist's signature (including Adobe Fill and Sign).
The major participants in the art-market are:
Artist
Gallery
Media
Fair
Auction
Dealer/consultant/agency
Analytics agency
Rating agency
Collector private
Collector state
Collector corporate
Museum
Non-profit foundation
Independent sites
Biennale
1. GALLERY ACTIVITIES
1.1. Gallery activities are based on professionalism.

1.2. In its professional activities, the gallery is guided by the current legislation of the country which it operates in and by the recommendations of the AGA.

1.3. The regulator of the gallery's activity is a written agreement between the participants of the art market.

1.4. The facts of violation of the Code of Ethics, unprofessional behavior in the art market and any other conflicts can be considered by the Ethics Committee of the AGA, formed from the Association members (as one of the options for condemning unprofessional behavior). Upon the recommendation of the committee, the violator may be blacklisted within the professional community.
2. ART GALLERY AND ARTIST COOPERATION
2.1. Cooperation between the gallery and the artist is equal, based on trust and respect on both sides.

2.2. The gallery and the artist must comply with the written agreements entered into at the time of cooperation and act within the framework of these agreements in a consistent and transparent manner.

2.3. Possible conflicts between the gallery and the artist should be resolved through negotiations and / or with the help of the Galleries Association (in case of insoluble contradictions).

2.4. The artist is not charged for using the gallery space. But there may be other terms of cooperation, when the gallery can reimburse its costs for the project in monetary value or works (see the terms of the contract).
3. ART GALLERY AND ARTIST FORMS OF COOPERATION
3.1. The forms of interaction can vary: temporary cooperation within one or several exhibitions, a commission agreement, an exclusive cooperation agreement, or a representation agreement (if it is a foreign author).

3.2. The exhibition agreement is concluded for a fixed period and is associated with a specific exhibition of the artist on the gallery territory or in any other exhibition space, including a museum, if the gallery is the organizer of the exhibition.


In the case of exhibition agreement:

3.2.1. The contract is concluded for the specified period of the exhibition, taking into account the exclusive right of the gallery to sell exhibition works for 1 or 2 years (depending on the agreement between the participants).

3.2.2. The exhibition agreement forms and fixes the agreed obligations and expenses of the artist and the gallery for the organization of the exhibition (an estimate that includes the costs of creating the work, transportation, installation, opening, press releases, communication with the media, etc.)

3.2.3. The contract must specify the list of works in the appendix and transfer-acceptance statement.

3.2.4. The contract stipulates the conditions for the distribution of profits and payments for repayment of the gallery's expenses for organizing the exhibition (costs of creating a project, etc., see above - 3.2.1) from the first sale, or alienation in favor of the gallery of works for an equivalent amount

3.2.5. In the case of gallery paying for the production of a work of art, the gallery has an unlimited right of exclusive representation and sale of this work of art, unless otherwise agreed.

3.2.6. The artist can redeem a given work of art by reimbursing the gallery for production costs.

3.3. The commission agreement is associated with a specific exhibition of the artist in the gallery and / or with a specific set of works


In the case of a commission agreement:

3.3.1. Is determined its subject (i.e., applies to an exhibition in a gallery, to a specific series or number of works) and duration (how long the works are at the gallery's disposal).

3.3.2. The gallery is not the owner of the artist's works, but is a facilitator in its sale for an agreed period by the parties to the contract

3.3.3. The gallery and the artist determine and agree on the price for each specific work (with or without VAT), as well as the size of the fee charged by the gallery (with or without VAT) and the policy of discounts

3.4. An agreement for the exclusive representation of an artist by a gallery is the most common in gallery practice and it defines the rights and obligations of the parties

3.4.1. the copyright of a work of art is always the inalienable property of the artist. The artist has the right to receive interest on the resale of their work, in accordance with the laws of the Russian Federation or agreed in advance between the parties to the agreement.

3.4.2. For the duration of the exclusive cooperation agreement, both the gallery and the artist have equal rights, with mandatory consideration of all investments of both parties

3.4.3. In the event of an artist transferring from one gallery to another, the artist must notify the gallery they work/worked with in advance (at least 3 months in advance), arrange an agreement with the gallery management on the terms of the transfer, and terminate the exclusive cooperation agreement. In this case, the gallery is entitled to compensation for lost profits in the amount of one work specified in the appendix to the contract. The terms of termination and compensation must be specified in the contract between the artist and the gallery.

3.4.4. During the validity period of the exclusive cooperation agreement, the gallery and the artist must specify which works (all works created by the artist or only new works) are subject to the exclusive right of representation


Obligations of the gallery during the period of the exclusive cooperation agreement:

3.4.5. The gallery undertakes to hold regular exhibitions of the artist in the gallery space (depending on the artist's practice every 2-3 years)

3.4.6. Information about the artist's work should be posted on the gallery's website: with an artist's CV, exhibition history, photos of the works, etc.

3.4.7. The gallery undertakes to inform the press about all changes in the artist's work and career, to represent their interests in the media, and to prepare timely press releases for each specific exhibition.

3.4.8. The gallery undertakes all technical expenses for the organization of the exhibition (preparation of the exhibition space, transportation, etc.), including the costs of creating the project, which are agreed in advance and reimbursed to the gallery after the first sale of the works from the exhibition (it can be a work of art, a one-time refund or withholding a certain percentage of subsequent sales until the final cost recovery).

3.4.9. The gallery undertakes or does not undertake (subject to special discussion and agreement) to regularly publish catalogues of all the artist's works or individual exhibitions

3.4.10. The gallery undertakes to assist the artist to the extent specified in the contract. The Galleries Association is recommended to provide: informational, creative, curatorial support, to help in the organization of exhibitions, to inform about the possibilities of submitting applications for competitions, grants and residences.

3.4.11. The gallery is not obliged to provide the artist with the allowance, payment for the workshop, materials, and production of works of art.

3.5. The agency agreement is the equivalent of an exclusive cooperation between the artist and the gallery, is drawn up for an indefinite period and obliges the gallery to represent the interests of the artist, but does not necessarily include the obligation of the gallery to put the artist's projects in the regular exhibition plan and to assist in full (see above), however, must necessarily include a commission agreement

3.6. The artist is always the tax agent for all income received from the sale of their works of art by the gallery. The gallery is not a tax agent of the artist, unless it is specifically agreed by the parties.
4. ART MARKET AND ITS ACTORS - FAIRS AND AUCTIONS
4.1. The gallery, in collaboration with the artist, determines the sale price of a particular work and the fee of the gallery. In disputed cases, it can apply for an expert assessment to the Galleries Association. (section "pricing").

4.2. The professional reputation of the gallery is based on the guarantee given to the art collector that the price of the work is adequate to the importance of the artist in the art market. The artist and the gallery work together to ensure an adequate selling price for the work.

4.3. The goal of the artist and the gallery is a stable, strong and steadily developing art market, the tools of which are fairs and auctions.

4.4. An artist has the right to receive a certain commission, according to Russian law, for the resale of a work of art if the gallery puts their work up for auction or resells an already sold work on the secondary market.

4.5. In the case of participation of the artist's work in a charity auction, it is necessary to inform its organizers of the fact that the artist receives a fixed percentage or fee in any case, and the profit received in excess of this amount goes to charity.
5. COLLABORATION BETWEEN GALLERIES WORKING WITH THE SAME ARTIST
5.1. The gallery that exclusively represents the artist, helps them at all stages of their activity (from the production of works and the organization of exhibitions to assistance in finding art residencies and scholarships) is called the parent gallery. The artist coordinates all their actions with it, which does not exclude periodic cooperation with other galleries in one-time exhibition projects or with a certain agreement between the galleries. In this case, the second gallery may be partially involved in the promotion of the artist, which must be fixed in the contract between the galleries.

5.2. Galleries must fulfill the obligations arising from written agreements concluded between them.

5.3. Galleries that work with the same artist make decisions together with the artist.

5.4. If the artist's work is made by the parent gallery and is transferred to a one-time exhibition to another gallery, it is necessary to draw up a commission agreement. During the exhibition period, the percentage after the sale of the work is as follows: 50% gets the author, 20 % - the parent gallery, 30 % - the gallery that included the artist's work in the exhibition and during this period is engaged in the sale of this work. At the end of the exhibition, the work is returned to the parent gallery, if the other gallery is not involved in the production of the work – the case is over. If the second gallery is involved in the production of the work, the percentage of the sale is as follows: 50% to the author, 30 % - the parent gallery, 20 % - the gallery that showed the work and participated in its creation financially.

5.5. If another gallery is partially involved in the promotion of the artist, the galleries cooperate with each other, formulate costs and agree on the distribution of interest, depending on their status and costs.

5.6. Galleries do not raise prices for works on the basis of mutual cooperation. The price of the work remains unchanged, the same as in the parent gallery (i.e., intermediaries share the commission).
6. RELATIONSHIP BETWEEN THE GALLERY AND THE DEALER / CONSULTANT / AGENCY
6.1. In view of the fact that the costs of the gallery for the promotion of the artist include a wide range of services (assistance in creating a work, organizing an exhibition, the cost of renting a room, storage, etc.) and are incommensurable with the costs of the dealer, who only has a new client for the gallery and the artist, it is necessary to determine a uniform percentage for all dealers and consultants when selling the work in the amount of 10% (if more than 3 works are sold, then 15%) of the total cost.

6.2. VERY IMPORTANT POINT: if the curator involved in the creation of the exhibition demands a percentage of the sale of any work included in the exhibition, they receive 10 % only if they bring a new client to a particular work and only in this case, because they receive a fee for the exhibition as a whole.
7. SALE OF WORKS DIRECTLY FROM THE ARTIST'S STUDIO
7.1. if the work is sold directly from the artist's studio, the artist must guarantee to the gallery, in writing or orally, that the price of the work from the studio is identical to the prices set jointly with the gallery and cannot be reduced. In any case, the artist pays interest to the gallery, taking into account the costs of its promotion as a whole (in the case of an exclusive cooperation agreement).

The amount of commission in favor of the gallery from the sale of works from the workshop depends on the level of involvement of the latter in its promotion and expenses.

7.2. In the case of selling a work from the workshop, in the creation of which the gallery did not participate, never showed it in the gallery space, the gallery receives from the artist 10% of its total cost (in each case, the role of the gallery in the promotion of the artist must be taken into account and the amount of interest depends on this), thereby compensating for the gallery costs as a whole.
8. GALLERY / COLLECTOR
8.1. The gallery guarantees the collector a professional quality and an adequate assessment of the work he has acquired.

8.2. The gallery acts transparently and openly, informing the collector of the history of the creation and promotion of the work (if it is known), and also necessarily issues the collector a certificate for the purchased work, which indicates the year of its creation, technique and dimensions.

8.3. If the collector for some reason decides to sell the work purchased in the gallery-the gallery has a priority right for its secondary sale. However, the guaranteed resale of the work is not the obligation of the gallery to the collector. When reselling a work, it is important to take into account the state of the market at the time of sale, and if the work was sold more expensive than the current state of the market, these circumstances should be taken into account and sold for an adequate price, which the collector should be informed of in advance.

8.4. Due to the fact that the market in the Russian Federation is still at the stage of development and its growth depends on a variety of multidirectional external factors, take by default the unified position for all galleries: never promise a guaranteed increase in prices for works of art and do not mislead collectors, referring to the investment attractiveness of the purchase.
9. GALLERY / MUSEUM / FOUNDATION
9.1. Accept as the fact that there is an established agreement between the gallery and the museum / foundation (see appendix)

9.2. Accept as a fact that a personal exhibition of an artist in a museum affects the price increase for their works, which makes the museum / foundation another actor in the art market

9.3. If a museum / foundation buys an artist's work from a gallery, set the allowable discount at 20-25 % of the market price of the work, but not above
10. GALLERY / analytics / rating agency
10.1. If possible, the Gallery participates in periodic surveys for analytical reviews of Russian and international portals.

10.2. Analytics / rating agencies clearly prescribe the conditions for processing and storing confidential data.
11. GALLERY / MEDIA
11.1. Galleries do not disseminate information that discredits artists, other galleries, or other participants in the art market.

11.2. Galleries do not disseminate information that discredits the gallery movement as a whole.
Association of galleries - is an open organization.
We are welcome new members – Russian contemporary art galleries, who share our values and principles.
You can always email and call us
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+7 917 505-78-59
info@agarussia.art

105120, Moscow, 4th Syromyatnichesky lane 1/8, 3rd floor, room 1
You can always email and call us
+7 917 505-78-59
info@agarussia.art

105120, Moscow, 4th Syromyatnichesky lane 1/8, 3rd floor, room 1
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