Arts Law Information Sheet

Resources For Dealers And Promoters Of Indigenous Visual Arts

 

This information sheet provides a number of links to resources that will be of use to dealers and promoters of Indigenous visual arts.

In this information sheet:

  1. A number of important guides exist which provide excellent direction on best practice for all providers of Indigenous visual arts
  2. Indigenous art centres
  3. Provenance
  4. Agreements

A number of important guides exist which provide excellent direction on best practice for all providers of Indigenous visual arts 

Indigenous Art Code
Produced by the Indigenous Art Code Limited.

The Code of Practice for Australian Commercial Galleries
Endorsed by NAVA, the Australian Commercial Galleries Association and the Australia Council for the Arts.

Best Practice for Artists and Publicly Funded Galleries
Endorsed by NAVA, the Australian Commercial Galleries Association and the Australia Council for the Arts.

The Code of Ethics and Code of Business Practice of the Australian Indigenous Art Trade Association
Produced by the Australian Indigenous Art Trade Association.

Best Practice Guidelines: Displaying Visual Art on the Internet
Produced by the Arts Law Centre of Australia.

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Indigenous art centres 

An excellent guide to the Indigenous visual arts is available in The Indigenous Visual Art and Craft Resource Directory 2006. It includes sections on Indigenous art centres, wholesalers, manufacturers and designers, public art galleries and museums, arts and cultural festivals and prizes, resources, support and advocacy agencies, online resources.

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Provenance 

Some galleries and art centres have developed procedures including labelling systems which assure buyers of the authenticity of the works, provenance systems including catalogues of photographs of artists with their works, databases holding records of artists and their works, and some use commercial systems such as IdenteArt.

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Agreements 

It is always advisable to provide an opportunity for independent legal advice to Indigenous artists. Through its Artists in the Black program the Arts Law Centre of Australia provides a free legal advice service to Indigenous artists.

It is important to use written agreements and to provide copies of all documents to the Indigenous artist or arts centre. Copies should, or course, be kept by the dealer or promoter of Indigenous art.

Some excellent sources for sample agreements are:

Arts Law Centre of Australia

  • Artist - Art Centre Agreement
    This sample agreement is for use between an Indigenous art centre and an Indigenous artist. It complies with the requirements of the Indigenous Arts Commercial Code of Conduct.
  • Artist – Gallery Agreement
    This sample agreement is for use when an artist wishes to enter into a long-term relationship with a gallery, where the gallery acts as an agent for the exhibition, sale or promotion of the artist’s works. This agreement partly incorporates the concept of consignment, but also provides for a work-by-work basis.

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Need more help?

If you have questions about any of the topics discussed above please contact Arts Law.

Disclaimer

The information in this information sheet is general. It does not constitute, and should be not relied on as, legal advice. The Arts Law Centre of Australia (Arts Law) recommends seeking advice from a qualified lawyer on the legal issues affecting you before acting on any legal matter.

While Arts Law tries to ensure that the content of this information sheet is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. Arts Law is not responsible for any loss suffered as a result of or in relation to the use of this information sheet. To the extent permitted by law, Arts Law excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to the use of this information sheet.

© Arts Law Centre of Australia

You may photocopy this information sheet for a non-profit purpose, provided you copy all of it, and you do not alter it in any way. Check you have the most recent version by contacting us on (02) 9356 2566 or tollfree outside Sydney on 1800 221 457.

The Arts Law Centre of Australia has been assisted by the Commonwealth Government through the Australia Council, its arts funding and advisory body.

Australian Government - Australia Council for the Arts