Agreements & Contracts

Specific agreements or contracts that govern the acquisition of a computer-based artwork are made with the artist or the artist's gallery. The nature of these agreements vary greatly depending on the source of the artwork (a commercial gallery, the artist) and on whether the artwork is a “stand-alone” object including all the necessary hardware and software components or an executable file in need of equipment. As with single-channel video, the collector's right to duplicate or exhibit the artwork can only be carried out under the terms of the contract and often with the artist’s consultation. Indeed, even if a computer art project is already available on the Internet, the collector may also need to satisfy specific conditions set by the seller or artist to duplicate or exhibit the work.

The following are sample agreements and contracts that are commonly used for collecting computer-based art.

Deed of Gift [Guggenheim Museum]

The following deed is used by the Guggenheim Museum in connection with variable media works. Various passages are selected based on type of media, nature of rights needed, and technology migration preferences of the artist. The document addresses issues specific to computer-based arts including certificates of authenticity, archival masters, preservation copies, installation plans and variable media guidelines.

Additional documents will be available in the coming months.