Yes, there is no liability!

There is plenty of confusion about whether galleries, non-profit or for profit -- it doesn't matter -- are liable for what happens when something is under their care.

I spoke with the lawyer provided through California Lawyers for the Arts for nearly 10 minutes. At first, he thought I represented the gallery. When we got that straightened out, he told me that while my work was enroute to the gallery, the gallery had no liability for it.

I told him I was absolutely clear on that and wasn't asking about that. But what about when it was in their possession? That was what I was specifically asking about. He said they could require that an artist sign a Release from Liability because it was in exchange for a consideration, namely that they were going to be selling the work and taking a commission.

He said they probably couldn't afford insurance and that the artist should get his or her own insurance. It doesn't cost much, he said, you could probably get a rider on your home-owner's policy. I mentioned that insurance was simply a way of meeting ones financial obligations when one was liable, wasn't it, that it didn't relieve one of liability? He agreed and moved on.

According to this lawyer, if a gallery is to sell your work on consignment, they can require that you release them from liability. I didn't get a chance to ask him if that were true if your work were not for sale.

I'm not happy about it his answer. I understand that many non-profit galleries have very limited budgets and that they are performing a service in showing the work and offering it for sale.

To release them from all liability, however, is to encourage careless handling and poor security. The response from a staff member at one art center, according to an artist who balked at the release from liability form he was offered was, "Oh, [the other paid staff member] and I are careful, but some of our volunteers are pretty clumsy." In other words: the person who actually handles your work or leads tours around the gallery may knock it over and break it but: tough luck