Disclaimer: Opinions expressed below are those of VAGA and not necessarily of the College Art Association.

VAGA:
VISUAL ARTISTS AND GALLERY ASSOCIATION

DOCUMENT FOR ARTISTS

submitted by Robert Panzer, February 2003,
Executive Director, VAGA
for College Art Association, Image Rights Workshop, 2/22/03

Thank you for your interest in VAGA.

Founded over 20 years ago, VAGA was the first organization to represent artists’ copyrights. VAGA’s membership is diverse and includes artists ranging from those just starting out to well known figures in the artistic community such as, Wayne Thiebaud, Jasper Johns, Vik Muniz, Robert Rauschenberg, Ken Noland, Alex Katz, Marisol, James Rosenquist, Mel Ramos, Louise Bourgeois, David Salle, Momoyo Torimitsu, Leon Golub and the Estates of Robert Motherwell, Donald Judd, Joseph Cornell, Stuart Davis, Romare Bearden, Larry Rivers, George Segal, David Smith, Thomas Hart Benton, Alexander Rodchenko, Grant Wood, Ben Shahn, and Maxfield Parrish.

The enclosed materials will describe VAGA and how we might be able to assist you with administering and protecting your copyrights.


VAGA:

VAGA was the first organization in the U.S. to represent copyrights and related rights for fine artists. These rights protect your ability to determine the circumstances under which any person or entity may reproduce your art -- your right to say yes or no to a reproduction in any media such as books, magazines, posters, cards, calendars, film, TV, etc.

Our current membership includes approximately 500 American artists, and through exclusive agreements with sister organizations throughout the world, we provide U.S. representation for over 8,000 foreign artists. In turn, these organizations represent our members in their respective countries. VAGA’s membership is diverse and includes artists ranging from those just starting out to well known figures in the artistic community.

If you were to join VAGA, we would handle all matters relating to art reproduction ranging from clearing rights requests to keeping an eye out for unauthorized uses and, where appropriate, pursuing and resolving these infringements. This would be done according to industry standards and your specific wishes, with recognition that each VAGA member has unique requirements and sensibilities.

VAGA grants rights through permission letters and contracts which itemize the specific and limited rights granted along with other contractual requirements such as the proper placement of credit information. These documents have been prepared by VAGA along with our attorney whose career has been devoted to art law, with a specialty in copyright. The resulting documents both protect your rights and reflect the unique circumstances and sensitivities encountered when working with museums, galleries, publishers and authors. Rights fees are charged according to industry standard rates, but with flexibility to account for your specific wishes and any aspects unique to the use. After VAGA receives payment from an art user, we retain 30% of the amount for our administrative costs and forward the remainder to you on a quarterly basis. If the art user is located in a country in which we have a sister organization, the sister will retain 20% also. Each royalty check we send you is accompanied by a report detailing the client, the type of use, the work(s) reproduced, and the fees collected.

In addition to the day-to-day business of clearing rights, VAGA also acts as an artists’ rights organization which, along with other organizations with similar interests, works toward legislation to strengthen copyrights and related rights. VAGA’s mission includes educating the art, publishing and related communities on the meaning and importance of artists’ rights and the practical aspects of working with us to clear rights. This is especially important with owners of works of art and sources of reproduction quality images such as museums. Unfortunately, many museums, individual owners and publishers are ignorant of, or even opposed to, the rights artists and estates might assert. Nevertheless, because VAGA represents many artists, it is usually easier for art users to clear rights through us rather than to proceed with the often monumental task of locating and contacting each individual rights holder. This clearinghouse concept is advantageous to both our members and those who seek rights to reproduce their works.

There is much about VAGA that you might find valuable and relevant to your needs. The enclosed materials outline our services and the benefits of membership. Still, there are often questions and concerns that are not addressed here or require further clarification. We encourage you to contact VAGA to explore such issues.

A BRIEF OVERVIEW OF VAGA'S FUNCTIONS:

  • Art licensing and reproduction rights clearance and royalties collection for artists
  • Protect artists' copyrights
  • Maintain a slide library of fine art for licensing purposes
  • Promote members' works
  • Furnish copyright information to members
  • Provide legal advice concerning copyright and artists' rights issues for members, and make available to artists information on standard fees and royalties paid by the industry
  • Publish newsletter of current copyright and artists' rights issues
  • Member of CISAC, an international council of copyright societies, and through our affiliations with sister societies, members are promoted and protected worldwide
  • Maintain dialogue with galleries, museums, publishers and other art-related businesses concerning art uses
  • Provide important lobbying power to ensure that the legal rights of artists are protected and stay protective


VAGA is a New York State corporation and copyright collective for American artists and galleries representing American artists. VAGA is a membership association which distributes to its members all income, after deducting expenses. Founded in 1976, VAGA is open to painters, sculptors, graphic artists, photographers, architects, video artists, film makers, crafts artists and other visual artists.

VAGA SERVICES TO MEMBERS

  • Copyright Collection Agency: Protection Worldwide
    VAGA, in affiliation with its overseas sister societies, is a worldwide copyright collection agency, alert to fakes, trademark and copyright abuses. VAGA collects royalties on behalf of its members and retains a percentage of the collection for its services.
     
  • Agent for Artist in Contracts
    VAGA acts as agent for the artist in negotiating licenses for monographs, print editions, greeting cards, postcards, and other publications of art, including merchandise, advertisements, television, film and multimedia. With over 20 years experience in the industry, we are familiar with standard industry practices and fees for advances, royalty percentages, etc. We protect the artist's copyright.
     
  • Artfile Slide Catalogue
    VAGA keeps a slide and imagery archive of works of its members which are made available for viewing by publishers and other art users. With your permission, we can give information as to availability and whereabouts of your work for publishers, curators, scholars and other users of art.
     
  • Information to Artists
    VAGA publishes a newsletter on the Association's activities, reproduction rights, art law, and copyright and artists' rights issues. The newsletter includes legal tips to artists, legal advice by attorneys, and updated information on copyright and licensing, including what is happening in Europe, Washington and in the state legislatures.
     
  • Lobby for Artists' Rights
    Since our founding in 1976, VAGA has acted as a lobby for artists' rights. We actively worked on the Kennedy bill (now law). We are affiliated with Artists for Tax Equity which recently won a major victory in Congress. We strongly urged the signing of the Berne Convention which went into effect in March of 1989. VAGA provided important testimony in the recent government hearings on resale royalty. We are linked to artists organizations across the nation, and as such, we can form a strong allied group when artists' rights are threatened.
     
  • Legal Services
    • Legal Inquiry Referral Service
      VAGA answers initial legal inquiries and gives attorney referrals to artists for any legal problem. An experienced attorney in art law will advise on whether or not the problem warrants legal services. If possible, we will try to suggest steps you, the artist, can undertake on your own.
    • Document Review
      An initial review and explanation of documents pertaining to the sale, consignment or license of art to museums, galleries, corporations, etc., will be provided by VAGA.
    • Network with Legal and other Agencies for Artists
      VAGA continues to network with other organizations that are interested in licensing, art law, in lobbying for artists' rights and in providing information to artists about law, business, and other issues relevant to artists. VAGA is able to provide information about talks, panels, publications, recommended insurance and tax laws.
       

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