Artist Terms
How we work with artists, in words you don't need a lawyer for. Each article starts with a short version; the full text follows.
An agreement between you and ODE for the works you choose to list with us. It is non-exclusive: you stay free to show and sell your work anywhere else.
These terms apply to every work you list with ODE, as an original, an edition or a digital work. You decide which works you list and can add or withdraw works at any time, subject to article 11.
The terms are non-exclusive. You may keep working with galleries, other platforms and your own buyers.
You keep the copyright. We may only use images of your work to show and sell it, and always with your name.
All copyright and moral rights stay with you. You give ODE a non-exclusive, royalty-free licence to use images of listed works to present and sell them: on our website, in selection sheets for clients and design studios, in the Art Journal and on our social channels.
Design studios working with ODE may use images in internal moodboards, presentations and renders for a specific project. Anything published must credit you.
Any other use, such as merchandise or advertising for a third party, needs your written permission first.
Online, in real spaces through In Residence and ODE Trade, and on screens through Living Canvas, but only where you have said yes.
You can tell us per work where it may or may not appear.
We agree the retail price together. You receive 50% of every sale, whoever brought the buyer.
The retail price is agreed with you and shown including VAT. Of the net sale price (excluding VAT and shipping) you receive 50%.
ODE keeps 40% for curation, production, framing, delivery and customer care. When a sale comes through a design studio or a host venue, the remaining 10% goes to them. If there is no one to credit, it stays with ODE. Your 50% never changes.
We may offer a discount only with your agreement, or at our own expense.
When your work hangs in a space, you share in the monthly fee. If it sells there, you receive your 50% as well.
Spaces pay ODE a monthly fee for their Art World. 20% of that fee is shared with the artists on the wall, in proportion to the number of works each artist has there, and paid monthly.
We frame, install and insure the work while it is placed. When a work on a wall sells, you receive 50% of the sale as in article 4, and the wall is renewed. Once a year, each space receives a refresh.
Digital works shown on screens earn a licence fee per screen, per month. Opt-in only, and you can stop at any time.
Living Canvas is a pilot. If you opt in with a digital work, it may be shown on screens in partner spaces. For every screen and every month it is shown, you receive a licence fee that we agree with you in writing before the work goes live.
Files are shown only in our player, never handed to the space. You can withdraw a work with 30 days' notice.
Originals stay yours until they are sold. Editions are made to specifications you approve, and the edition size is never exceeded.
Originals are placed with ODE on consignment: they remain your property until the buyer has paid. We agree together which originals can travel to spaces.
Editions are produced to the specifications you approve (paper, size, finish, framing). You approve a proof before the first sale. The edition size is fixed when the work is listed and is never exceeded. On a residence wall, the edition on the wall can stay while the buyer receives a new copy.
While your work is in our care, we are responsible for it, including transport and insurance.
ODE arranges and pays for transport between you, us, spaces and buyers, unless agreed otherwise. From the moment we collect or receive a work until it is sold or returned, ODE insures it at the agreed value.
If a work is damaged or lost in our care, we either restore it in consultation with you or pay you your 50% share of the retail price.
A monthly statement, and payment within 30 days after a sale is final.
A sale is final once the buyer's return period has ended. We pay your share within 30 days after that, together with any residence and Living Canvas income for that month, to the bank account you give us.
Every month you receive a clear statement of what was sold, where your work hangs and what you earned. You are responsible for your own taxes and, where it applies, VAT on your share.
The first twelve artists keep their founding terms for as long as they work with ODE.
Founding artists are first in line for our founding venues and are featured in the Art Journal. The terms they join on stay in place for as long as they work with ODE, even if our standard terms change later.
Either side can end the agreement with 30 days' notice. We tell you about any change 30 days in advance.
You or ODE can end this agreement, or withdraw a single work, with 30 days' written notice. Works on a residence wall return at the end of the current placement, within 90 days at most. Sales already made and editions already ordered are completed under these terms.
If we change these terms, we tell you at least 30 days in advance. If you don't agree, you can leave before the change applies.
This agreement is governed by Dutch law.
We'd rather explain a term twice than have you sign something you're unsure about. Before anything is final, you receive the full agreement in writing.