Customer questions
Do I have to take buy or take delivery of the physical original?
No. You have the option of buying the NFT, which is a digital product. You can also purchase the physical original artwork separately. If you would like to buy both, send us a message, I'm sure we'll work out a package deal.
Does purchasing the physical artwork grant me any Intellectual Property Rights?
We're not attorneys, but we have consulted with a Trademark, Patent, & Copyright attorney for guidance. Our understanding of the situation in the USA is this: purchasing a physical artwork does not include the Copyright. To properly transfer the Copyright, there needs to be a contract that's physically signed by the artist and the buyer. When one buys a painting from a gallery with no Copyright paperwork included, the artist still owns the image and is free to make prints, license the image, etc. There is a more detailed explanation further down the FAQ. Please consult with an attorney if you plan on using art for commercial purposes, the information in this FAQ is not legal advice.
Do you offer refunds or returns?
Unfortunately, because of the decentralized nature of blockchain transactions, we cannot give refunds or accept any returned artwork. Blockchain transactions can't be voided or reversed. Please contact us with any questions before purchase. We will be glad to send photos or video of the artwork in question to be sure you're getting the right piece of art that you can love and enjoy.
How much do you charge for shipping and handling the physical art pieces?
There is no additional charge for shipping the physical artwork to any destination in the 48 contiguous United States. For any destination outside of the continental USA, including Alaska, Hawaii, Puerto Rico, etc., the customer is responsible for the additional shipping fees. Please contact us for pricing and availability on foreign shipping. There are certain countries that we cannot ship to, such as North Korea, Cuba, Syria, Iran, and the Crimea region of Ukraine. Other countries may reject art for various reasons such as religious content. The bottom line is, please contact us before purchasing for shipping outside the 48 contiguous United States.
Do you ship outside of the United States?
Yes we do, but the customer must pay for the additional shipping charges for the journey outside of the USA. The issue is a little trickier than just the price, so please contact us before purchasing with any questions. Please also read the above question and answer.
How are the artworks packaged and shipped?
We use UPS exclusively. The artist delivers the artwork to their local UPS store wrapped in glassine, and the UPS Store takes care of the packaging. They're extremely experienced in this and will do their best to get your beautiful artwork to you undamaged.
How long does it take to ship and receive the artwork?
The artist has 14 days to get the artwork delivered to their local UPS store. From there, standard ground times are applicable, which is typically 5-8 days for shipping within the USA, but that can vary by destination.
Does the shipped artwork have insurance on it?
Yes. The artwork is protected and insured by The UPS "Packaging Promise." If there are damages upon arrival, please take pictures of the damaged item and packaging immediately and contact UPS.
Are the physical artworks framed?
Some are framed and some aren't. Many larger pieces are stretched canvas that's made to display the edges. There is a description of the piece on the gallery page and product page.
Can I purchase art directly from the Gallery 419 website?
All NFTs are purchased through Marketplaces such as Mintable and Opensea or others. These Marketplaces, whether websites or DAPPs (Decentralized Apps) are where the secondary market occurs as well. Even though it costs us a sizable commission to sell through these Marketplaces, we feel it's in the customer's best interest to do business this way. The physical artworks can be purchased directly through Gallery 419. Contact us for details.
Is the NFT I purchase from Gallery 419 unique, or are there multiple editions?
Our intention is to only sell unique, individual artworks that we can convey all the Intellectual Property Rights with. With multiple editions, it's not possible for multiple people to own rights to the same image. Essentially, you would only own a jpeg, which is one of the main criticisms of the NFT space at the moment. Whereas we at Gallery 419 love collectibles such as comic books, trading cards, etc, that's not the direction that we're currently moving in. We may offer a limited edition NFT as a bonus for purchasing certain NFTs, and those will not include any Copyright.
Are the Intellectual Property / Copyright actually sold with the NFT?
The buyer of an NFT from Gallery 419 receives all conveyable Intellectual Property rights associated with that image. Inside the Smart Contract that makes up the NFT, you will find a legal form signed by the artist conveying the Copyright or the commercial rights to the reproduction of the art. In some states or countries, there may be an additional requirement such as notarizing for the form to be fully legal. We're happy to coordinate that with the artist.
The buyer can use the art for commercial projects, such as graphics for a website, producing prints, T-shirt designs, screensavers, etc. The buyer is not allowed to retokenize the artwork, or issue secondary licenses that can survive beyond the resale of the NFT. The sale of any derivative products must cease upon the sale of the NFT to a new owner.
All "Moral Rights" are retained by the original artist. Under USA law, moral rights are protected through judicial interpretation of many privacy, trademark, and copyright laws. Also, the Visual Artists Rights Act of 1990 (VARA) is used to define the rights retained by an artist. In America, the term refers to right of an artist to prevent alteration, revisions, or distortions of the artwork, regardless of who owns the art. Moral Rights as defined by VARA ensures that artist won't have their work associated with another artist's name, or other works that aren't entirely their own. This is to prevent "defacement" of the art, but also acknowledges that an artist's reputation is tied to their work, and they have a right for their work not to be deliberately used out of context. A frequently used illustration is a painting that is obviously religious themed being distorted in a way that could be considered sacrilegious toward that faith. Please be respectful towards our artists and their works.
Do I own the IP rights to an NFT for all time?
No, you only own the Intellectual Property Rights for as long as you own the NFT. Once you sell the NFT to a new owner, you must cease any activities or sales that involve that image. We suggest selling all of your inventory of t-shirts, prints, derivative images, etc., before you resell the NFT to avoid any legal issues.
No. You have the option of buying the NFT, which is a digital product. You can also purchase the physical original artwork separately. If you would like to buy both, send us a message, I'm sure we'll work out a package deal.
Does purchasing the physical artwork grant me any Intellectual Property Rights?
We're not attorneys, but we have consulted with a Trademark, Patent, & Copyright attorney for guidance. Our understanding of the situation in the USA is this: purchasing a physical artwork does not include the Copyright. To properly transfer the Copyright, there needs to be a contract that's physically signed by the artist and the buyer. When one buys a painting from a gallery with no Copyright paperwork included, the artist still owns the image and is free to make prints, license the image, etc. There is a more detailed explanation further down the FAQ. Please consult with an attorney if you plan on using art for commercial purposes, the information in this FAQ is not legal advice.
Do you offer refunds or returns?
Unfortunately, because of the decentralized nature of blockchain transactions, we cannot give refunds or accept any returned artwork. Blockchain transactions can't be voided or reversed. Please contact us with any questions before purchase. We will be glad to send photos or video of the artwork in question to be sure you're getting the right piece of art that you can love and enjoy.
How much do you charge for shipping and handling the physical art pieces?
There is no additional charge for shipping the physical artwork to any destination in the 48 contiguous United States. For any destination outside of the continental USA, including Alaska, Hawaii, Puerto Rico, etc., the customer is responsible for the additional shipping fees. Please contact us for pricing and availability on foreign shipping. There are certain countries that we cannot ship to, such as North Korea, Cuba, Syria, Iran, and the Crimea region of Ukraine. Other countries may reject art for various reasons such as religious content. The bottom line is, please contact us before purchasing for shipping outside the 48 contiguous United States.
Do you ship outside of the United States?
Yes we do, but the customer must pay for the additional shipping charges for the journey outside of the USA. The issue is a little trickier than just the price, so please contact us before purchasing with any questions. Please also read the above question and answer.
How are the artworks packaged and shipped?
We use UPS exclusively. The artist delivers the artwork to their local UPS store wrapped in glassine, and the UPS Store takes care of the packaging. They're extremely experienced in this and will do their best to get your beautiful artwork to you undamaged.
How long does it take to ship and receive the artwork?
The artist has 14 days to get the artwork delivered to their local UPS store. From there, standard ground times are applicable, which is typically 5-8 days for shipping within the USA, but that can vary by destination.
Does the shipped artwork have insurance on it?
Yes. The artwork is protected and insured by The UPS "Packaging Promise." If there are damages upon arrival, please take pictures of the damaged item and packaging immediately and contact UPS.
Are the physical artworks framed?
Some are framed and some aren't. Many larger pieces are stretched canvas that's made to display the edges. There is a description of the piece on the gallery page and product page.
Can I purchase art directly from the Gallery 419 website?
All NFTs are purchased through Marketplaces such as Mintable and Opensea or others. These Marketplaces, whether websites or DAPPs (Decentralized Apps) are where the secondary market occurs as well. Even though it costs us a sizable commission to sell through these Marketplaces, we feel it's in the customer's best interest to do business this way. The physical artworks can be purchased directly through Gallery 419. Contact us for details.
Is the NFT I purchase from Gallery 419 unique, or are there multiple editions?
Our intention is to only sell unique, individual artworks that we can convey all the Intellectual Property Rights with. With multiple editions, it's not possible for multiple people to own rights to the same image. Essentially, you would only own a jpeg, which is one of the main criticisms of the NFT space at the moment. Whereas we at Gallery 419 love collectibles such as comic books, trading cards, etc, that's not the direction that we're currently moving in. We may offer a limited edition NFT as a bonus for purchasing certain NFTs, and those will not include any Copyright.
Are the Intellectual Property / Copyright actually sold with the NFT?
The buyer of an NFT from Gallery 419 receives all conveyable Intellectual Property rights associated with that image. Inside the Smart Contract that makes up the NFT, you will find a legal form signed by the artist conveying the Copyright or the commercial rights to the reproduction of the art. In some states or countries, there may be an additional requirement such as notarizing for the form to be fully legal. We're happy to coordinate that with the artist.
The buyer can use the art for commercial projects, such as graphics for a website, producing prints, T-shirt designs, screensavers, etc. The buyer is not allowed to retokenize the artwork, or issue secondary licenses that can survive beyond the resale of the NFT. The sale of any derivative products must cease upon the sale of the NFT to a new owner.
All "Moral Rights" are retained by the original artist. Under USA law, moral rights are protected through judicial interpretation of many privacy, trademark, and copyright laws. Also, the Visual Artists Rights Act of 1990 (VARA) is used to define the rights retained by an artist. In America, the term refers to right of an artist to prevent alteration, revisions, or distortions of the artwork, regardless of who owns the art. Moral Rights as defined by VARA ensures that artist won't have their work associated with another artist's name, or other works that aren't entirely their own. This is to prevent "defacement" of the art, but also acknowledges that an artist's reputation is tied to their work, and they have a right for their work not to be deliberately used out of context. A frequently used illustration is a painting that is obviously religious themed being distorted in a way that could be considered sacrilegious toward that faith. Please be respectful towards our artists and their works.
Do I own the IP rights to an NFT for all time?
No, you only own the Intellectual Property Rights for as long as you own the NFT. Once you sell the NFT to a new owner, you must cease any activities or sales that involve that image. We suggest selling all of your inventory of t-shirts, prints, derivative images, etc., before you resell the NFT to avoid any legal issues.
artist questions
What kind of art does Gallery 419 represent?
First and foremost, we are interested in artists that produce physical artworks, whether painting, drawing, sculpture, etc. That doesn't mean that we won't offer digital-only pieces from those artists or take on special digital-only artists. As far as the genres go, we love and want to represent all types, such as landscapes, portraits, abstracts, modern, traditional, watercolor, oil, acrylics, pencil, ink, you get the picture (pun intended.)
Do you accept artists from outside of the USA?
We will consider artists outside the USA on a case by case basis. It has a lot to do with shipping the physical works. It's possible that we'll take on digital-only artists in this situation.
Is a Gallery 419 listing exclusive and for how long?
An artwork listed through Gallery 419 is an exclusive listing for a minimum of 6 months. We have costs associated with acquiring artwork, photography, NFT minting, advertising costs, etc. A 6 month period gives us ample time to market and sell the artwork. At the end of the 6 month period, the artist has the option of relisting or withdrawing the artwork from Gallery 419. The artist can purchase the NFT from Gallery 419 for the minting costs and transfer or gas fees, or the NFT can be burned.
Is there a minimum age to list artwork with Gallery 419?
Yes, an artist must be 18 years old to list artworks with us.
Can I sell my artwork outside of Gallery 419?
We don't exclusively list artists at Gallery 419 unless they just want to be exclusive with us. An artist is free to sell other artworks through other means. However, any artworks listed with Gallery 419 are under a 120 day minimum exclusive listing. If an artist somehow sells an artwork listed with Gallery 419 within the 120 day listing period, we are entitled to our 30% commission for our investment in the listing and promotion of that particular artwork. You're not constrained to only 120 days with us, it's a minimum listing period.
Does Gallery 419 have a physical gallery to display art?
We do not have a physical gallery. We are looking forward to pop up shows in the future to display the physical works and meet the local art community.
What is Gallery 419's commission?
Gallery 419 takes 30% of the net price of an artwork. After expenses, which include shipping and handling, marketplace commission, minting fees and gas fees, the artist takes 70 % of the net, and Gallery 419 takes 30%.
After the initial sale, does the artist receive any more money?
Yes!!! This is such an exciting aspect to NFT's! When you sell an artwork through Gallery 419, that NFT will now pay out a 5-10% commission each time it's resold, depending on the marketplace it's sold through. That resell commission will be subject to the same split as the initial sale.
Are NFT's a financial investment?
No artwork or NFT sold by or through Gallery 419 is sold as or implied to be an investment. Art should be purchased for it's aesthetic beauty or function as interior design elements. However, there is a robust trade of NFT's on the secondary market that's possibly confusing some people on the value of art and NFTs. We don't recommend that you speculatively purchase an NFT strictly for profit on a resale. Purchase art that you love and want in your life. If it goes up in value, that's a wonderful bonus! But concerning art values, please familiarize yourself with the information provided by ADAA (Art Dealers Association of America) and also Sotheby's Mei Moses Art Indices. The value in purchasing an NFT of original art through Gallery 419 is in the conveyance of Copyright through an agreement included in the Smart Contract. This is a legal document signed by the artist that gives the owner the right to reproduce, print, and create commercial business around, until the NFT is sold to another owner.
First and foremost, we are interested in artists that produce physical artworks, whether painting, drawing, sculpture, etc. That doesn't mean that we won't offer digital-only pieces from those artists or take on special digital-only artists. As far as the genres go, we love and want to represent all types, such as landscapes, portraits, abstracts, modern, traditional, watercolor, oil, acrylics, pencil, ink, you get the picture (pun intended.)
Do you accept artists from outside of the USA?
We will consider artists outside the USA on a case by case basis. It has a lot to do with shipping the physical works. It's possible that we'll take on digital-only artists in this situation.
Is a Gallery 419 listing exclusive and for how long?
An artwork listed through Gallery 419 is an exclusive listing for a minimum of 6 months. We have costs associated with acquiring artwork, photography, NFT minting, advertising costs, etc. A 6 month period gives us ample time to market and sell the artwork. At the end of the 6 month period, the artist has the option of relisting or withdrawing the artwork from Gallery 419. The artist can purchase the NFT from Gallery 419 for the minting costs and transfer or gas fees, or the NFT can be burned.
Is there a minimum age to list artwork with Gallery 419?
Yes, an artist must be 18 years old to list artworks with us.
Can I sell my artwork outside of Gallery 419?
We don't exclusively list artists at Gallery 419 unless they just want to be exclusive with us. An artist is free to sell other artworks through other means. However, any artworks listed with Gallery 419 are under a 120 day minimum exclusive listing. If an artist somehow sells an artwork listed with Gallery 419 within the 120 day listing period, we are entitled to our 30% commission for our investment in the listing and promotion of that particular artwork. You're not constrained to only 120 days with us, it's a minimum listing period.
Does Gallery 419 have a physical gallery to display art?
We do not have a physical gallery. We are looking forward to pop up shows in the future to display the physical works and meet the local art community.
What is Gallery 419's commission?
Gallery 419 takes 30% of the net price of an artwork. After expenses, which include shipping and handling, marketplace commission, minting fees and gas fees, the artist takes 70 % of the net, and Gallery 419 takes 30%.
After the initial sale, does the artist receive any more money?
Yes!!! This is such an exciting aspect to NFT's! When you sell an artwork through Gallery 419, that NFT will now pay out a 5-10% commission each time it's resold, depending on the marketplace it's sold through. That resell commission will be subject to the same split as the initial sale.
Are NFT's a financial investment?
No artwork or NFT sold by or through Gallery 419 is sold as or implied to be an investment. Art should be purchased for it's aesthetic beauty or function as interior design elements. However, there is a robust trade of NFT's on the secondary market that's possibly confusing some people on the value of art and NFTs. We don't recommend that you speculatively purchase an NFT strictly for profit on a resale. Purchase art that you love and want in your life. If it goes up in value, that's a wonderful bonus! But concerning art values, please familiarize yourself with the information provided by ADAA (Art Dealers Association of America) and also Sotheby's Mei Moses Art Indices. The value in purchasing an NFT of original art through Gallery 419 is in the conveyance of Copyright through an agreement included in the Smart Contract. This is a legal document signed by the artist that gives the owner the right to reproduce, print, and create commercial business around, until the NFT is sold to another owner.
technical questions
Which Marketplaces are Gallery 419 selling on?
At the moment we're minting our NFTs on Mintable which also posts listings onto Opensea, the world's largest NFT Marketplace. Our main concerns are security, portability of the NFTs beyond the original Marketplace, and the strength of the secondary market. Another large concern is whether a Marketplace uses a crypto that's easily purchased by a customer that's not necessarily crypto savvy. There's also the possibility of purchasing NFTs with fiat through credit or debit cards. We understand the situation with high gas fees on the Ethereum network, but we're looking forward to the launch of the Flare Network in July/Aug '21 and it's two NFT projects that have been announced. Because the Flare Network uses the Ethereum Virtual Machine, NFT's minted in the ERC-721 or ERC-1155 formats will be able to port onto the Flare Network for incredibly low transaction fees. We also have our eyes on the Wax, Flow, and Phantasma blockchains, stay tuned.
Should I use a Custodial or Non-Custodial wallet?
There are reasons for using each type of wallet. Please read this article.
What wallets does Gallery 419 support?
The question really is which wallets will hold NFTs. For Ethereum based NFTs such as the ERC-721 token (the most popular format at the moment) we like Trust Wallet and Meta Mask for "hot wallets." Cold storage can be accomplished using a hardware storage device such as a Ledger brand. A lot of people use MyEtherWallet in conjunction with their Ledger device.
Can I buy Gallery 419 NFT's with a credit card?
At the moment, only one or two new exchanges allow one to directly purchase an NFT by credit card. What usually happens though, is a Marketplace will allow you to buy the underlying cryptocurrency with a credit or debit card, and the crypto is used to purchase the NFT. It seems like an extra step or unnecessary hassle, but because an NFT is governed by the "Smart Contract" inside it, the transaction must use the native currency of the blockchain it's created on. Also, be aware that some credit card companies do not allow the purchase of cryptocurrencies, so it's best to call them first if you're unsure.
Where do I purchase the cryptocurrency used to purchase NFT's?
ETH can be purchased inside a wallet such as Meta Mask. That's a very easy way of doing it. OR, you can purchase ETH at Coinbase, Binance US, or another exchange and send it to your wallet. It's a pretty easy process, but it takes a couple steps and most people are a little nervous about transferring money around like this. We recommend sending a small amount first to verify the transaction will work, then send the bulk of the crypto after.
At the moment we're minting our NFTs on Mintable which also posts listings onto Opensea, the world's largest NFT Marketplace. Our main concerns are security, portability of the NFTs beyond the original Marketplace, and the strength of the secondary market. Another large concern is whether a Marketplace uses a crypto that's easily purchased by a customer that's not necessarily crypto savvy. There's also the possibility of purchasing NFTs with fiat through credit or debit cards. We understand the situation with high gas fees on the Ethereum network, but we're looking forward to the launch of the Flare Network in July/Aug '21 and it's two NFT projects that have been announced. Because the Flare Network uses the Ethereum Virtual Machine, NFT's minted in the ERC-721 or ERC-1155 formats will be able to port onto the Flare Network for incredibly low transaction fees. We also have our eyes on the Wax, Flow, and Phantasma blockchains, stay tuned.
Should I use a Custodial or Non-Custodial wallet?
There are reasons for using each type of wallet. Please read this article.
What wallets does Gallery 419 support?
The question really is which wallets will hold NFTs. For Ethereum based NFTs such as the ERC-721 token (the most popular format at the moment) we like Trust Wallet and Meta Mask for "hot wallets." Cold storage can be accomplished using a hardware storage device such as a Ledger brand. A lot of people use MyEtherWallet in conjunction with their Ledger device.
Can I buy Gallery 419 NFT's with a credit card?
At the moment, only one or two new exchanges allow one to directly purchase an NFT by credit card. What usually happens though, is a Marketplace will allow you to buy the underlying cryptocurrency with a credit or debit card, and the crypto is used to purchase the NFT. It seems like an extra step or unnecessary hassle, but because an NFT is governed by the "Smart Contract" inside it, the transaction must use the native currency of the blockchain it's created on. Also, be aware that some credit card companies do not allow the purchase of cryptocurrencies, so it's best to call them first if you're unsure.
Where do I purchase the cryptocurrency used to purchase NFT's?
ETH can be purchased inside a wallet such as Meta Mask. That's a very easy way of doing it. OR, you can purchase ETH at Coinbase, Binance US, or another exchange and send it to your wallet. It's a pretty easy process, but it takes a couple steps and most people are a little nervous about transferring money around like this. We recommend sending a small amount first to verify the transaction will work, then send the bulk of the crypto after.