The following are the most common types of contracts used in visual arts:
- Purchase Agreement; if the Purchase Agreement does not include any licensing provision, the Buyer is presumed not to have been granted any license to use the work of art, and thus may use the work of art that he or she has bought in a limited way in compliance with statutory conditions (including, without limitation, the use for exhibitions and catalogues; the Seller may, however, prevent the Buyer from exhibiting the work at exhibitions on the basis of a statutory exception either in the Agreement or in a register of the OOA-A collective administrator); the Buyer may be subject to substantial limitations with respect to the purchase of certain works of art under Act No. 71/1994 Sb., on sale and export of cultural heritage.
- Contract for Commission of a Work of Art; after the work of arts has been completed and handed over, the Client will become the owner of the work and the subsequent regulation will be similar to that of the Purchase Agreement; unlike in the case of employment contract, it is not usual practice for the Client to give instructions as to the creation of the work as it is the Contractor who is responsible for the outcome; such instructions are binding on the artist/contractor only if he or she explicitly agreed to be bound by them in the contract provided that such instructions do not interfere, to an unreasonable extent, with the author’s design and idea of the work; if the contract lacks a licensing provision, the Client may only use the work of art for the purpose defined in the contract and for which the work was commissioned (such cases may raise doubts as to the transfer of the rights, so it is highly recommendable that the licensing provision be clear and explicit).
- License Agreement for Publishers (Distributors); this agreement applies to reproducing and disseminating copies of the original work of art for their distribution and sale to the public; it is important that such an agreement include all forms of reproduction that may apply to the original work (ranging from postcards to bronze casting) as well as the specific distribution channels (e.g. sale in shops).
- Contract for Loan of a Work of Art; this contract applies to gratuitous and temporary loans of a work of art for various purposes; an annotated template of such agreement is available here.
- Contract for Rental of a Work of Art; this contract applies to temporary rental of a work of art for consideration (i.e. a rent); it is most frequently used by theatres when renting stage design, costumes and stage properties.
- Contract of Donation; this contract applies to gratuitous transfer of ownership of a work of art; it is used for cooperation with donors and patrons.