Almost 50 years after Seth Siegelaub and Robert Projansky’s The Artist’s Reserved Rights Transfer and Sales Agreement  was introduced in 1971, W.A.G.E. began developing contracts for art and cultural workers inspired by this legendary legal document. 

Also known as The Artist’s Contract, it was conceived to give artists control over the conditions of the sale of their work as well as its exhibition, resale, and other concerns beyond an artist's oversight once it has been transferred.

W.A.G.E.'s contracts deal not with the sale and transfer of art but with the conditions under which freelance workers contribute to its conception, fabrication, production, exhibition and circulation. 

Recognizing that it is often artists themselves who constitute this casual labor force, working flexible secondary jobs to support their practices, we see this effort as being well within W.A.G.E.’s remit. But what makes it integral to our longstanding campaign for artist compensation is the recognition that it is the invisible labor of art’s supply chain workers that makes the visibility of artists possible.

Like The Artist’s Contract, W.A.G.E.'s agreements were designed to be initiated by workers. Instead of producing generic templates, each is a 'bespoke' legal document that addresses the specific forms of exploitation endemic to each position: 

Core to our approach has been to push the boundaries of labor law by applying employee protections to independent contractors wherever possible. While each is tailored to a specific occupation, all address areas of common concern: wage equity and transparency, worker safety, equal representation, compensation, and worker classification.

Future agreements for independent curators, art writers and critics, paid interns, and others are forthcoming.

Read  about W.A.G.E.'s development of contractual materials, starting in 2015 with an unfinished years long effort to produce an updated and modular version of The Artists Contract on blockchain, through to the present day.

Conceived for art and cultural workers choosing to work as independent contractors, the suggested terms have been written to support them in three ways:

While the Agreements are designed to be instructive and useful, they do not constitute legal advice. For that, contractors should confer with an employment attorney in the state in which they plan to perform the work to help determine best practices in maintaining their contractor status.

The Agreements can be initiated by either contractors or hiring parties, and both should participate in establishing their terms. They cannot be used by employers to contract employees. 

Available through the WAGENCY  user interface, the Agreements are interactive, fillable forms that instantly generate PDF contracts for negotiation and signature. To access them, join WAGENCY and become a subscribing member.

Independent contractors are generally hired on a short-term or per project basis to perform a specified service, assignment, or project. The tests by which an individual is determined to be an independent contractor vary depending on the state or federal government agency, court, or body examining the relationship. The IRS, the U.S. Department of Labor, the National Labor Relations Board, and their counterparts in individual states each have their own tests for determining who is an employee and who is an independent contractor. 

There are several factors common to most tests and each is discussed as it arises in the Agreements. While some factors are more important than others, no single factor by itself is dispositive. Rather, it is the accumulation of factors tending one way or another that leads to a final determination.

Aside from tax implications, courts and agencies are interested in independent contractor relationships as a means of protecting employees. Many employers have historically exploited people who were not independent contractors by insisting on hiring them as such even though they were employees under the law.

The practice of labeling workers as independent contractors who should be treated as employees is called employee misclassification, and it enables employers to dodge unions, avoid payroll taxes and evade discrimination laws.

Misclassifying employees makes it easier for employers to fire or replace their employees. Courts and agencies are looking for these kinds of employers, not for workers who choose to work as independent contractors. However, if another contractor makes a complaint against an employer you work for, there is a risk of getting caught up in a determination against that employer which could affect your status.

Never agree to include something in a contract which is not factually true even if a template indicates it as a factor that courts and agencies look at. Just because it’s in a contract, courts and agencies will not simply take your word for it. They will look at the actual facts on the ground to make a determination.

Yes! WAGENCY user accounts now include a section for your business contact information, including fields for a business name and legal structure, along with address, phone and email. Your business contact information will be automatically exported into drafted contracts.

Yes! Just enter your name and home or studio address into the business information section in your account settings. Even if you operate from your home, as an independent contractor you are still operating a business.

Yes! Hiring parties can draft contracts but they must join WAGENCY  to do so.

W.A.G.E. Certified organizations must set up a new user profile and WAGENCY account to access contracts. Contracts are not accessible through an institutional account.

Yes! The Agreements can be used by non-profit, for-profit, government or individual entities.

W.A.G.E. does not have the resources to provide legal support, but we are actively working to establish partnerships with organizations that can.

The PDF download is intended as a draft for both parties to review. To make changes after it has been reviewed, you can either draft a new version or use the strike-through method in the PDF. Draw a line through unwanted text and have both parties initial the change. Both the contractor and hiring party should review and agree on all modifications before signing.