Detailed Discussion

Artist Engagement Models

Festivals engage artists in a variety of ways: 

• Major Festivals: Major festivals commission, present and produce new works, or remount existing works and are driven by a curatorial/programming team. They may also invest in, co-commission or seek funding for works with other presenting partners, sponsors or funders. Major festivals often program 6-18 months in advance by invitation or a call for EOIs. They often work with particular curatorial, audience, financial or strategic goals. This process can include cultural and artistic advisors, and final program and budget sign-off from the festival board. 

• Independent and Artist Run Festivals: Artist-led or independently run festivals are programmed by invitation, EOI, or a mixture of both. Applications are usually open to artists/companies of varying experience, making the process less competitive and more accessible to emerging and mid-career artists. Some festivals request applicants to complete a one-pager outlining their concept, and are curated based on meeting selection criteria. Whereas other processes might involve short-list showings or meetings before curation. Often EOI processes are assessed internally by the festival team, or peer panels may be engaged for recommendations. 

• Fringe Festivals: Fringe festivals typically operate on a registration fee model requiring artists to pay a fee for their involvement. Fringe festivals typically require artists/companies to find their own venue, resources and promotion of the show. Fringe festivals often take a box office cut and will promote the work in the festival program and ticketing system. Artists typically fundraise or rely on box-office income to recoup finances or self-finance their work. There is often no selection panel for Fringe festivals, unless it is part of a curated section of the program led by Fringe or venue partners. Some Fringe festivals include commission call-outs for major works and provide targeted support such as accessibility or First Nations led projects. 

All opening events and websites should include an Acknowledgement of Country, with festivals encouraged to consult with Traditional Custodians and Land Councils for permission to plan events on Country and give consideration for a Welcome to Country or smoking ceremony by an Elder from the Country on which the event is held. 

All festivals and artists/companies should consider deeper consultation with Traditional Custodian groups depending on content, themes, engagement with community and place. Festivals should brief visiting artists/companies on the name and history of the Traditional Custodians.

For more information on engaging and collaborating with First Nations communities, see First Nations and Working with First Nations Art Centres.

Legal instruments with implications for relationships between festivals and artists include the Copyright Act 1968 (Cth) which regulates copyright in Australia in relation to original literary, dramatic, musical and artistic works, see Intellectual Property. Independent Contractors Act 2006 (Cth) establishes the legal obligations, liabilities and rights arising in service contracts. Obligations also apply in the area of workplace health and safety, see Workplace Health and Safety, and accessibility, see Access Rights for d/Deaf and Disabled People.

Festivals that are volunteer-run or have no government support tend to offer fewer services to artists. Smaller-scale festivals may be organised as ARI's, see Artist Run Initiatives. 

Major festivals that have multiple income streams are better equipped to provide more comprehensive support and more substantial fees. They have a responsibility to cover creative fees (see Payment Standards) separately to production, technical, access and running costs.

Programming and EOIs

Festivals should make their funding sources and values visible, including all sources of sponsorship, in-kind support and funding.

For more information, see Sponsorship.

Festivals should make their policies available, such as First Nations Engagement Plans, d/Deaf and Disability Action Plans, Sustainability or Environmental Action Plans, Equity and Anti-Racism Action Plans and other frameworks in which they operate. 

This information is critical for artists and companies to make informed decisions about the safety and accessibility of working with the festival and alignment of principles and values.  

Festivals should consult with d/Deaf and Disabled communities to ensure their programming pathways, and physical and online spaces are accessible to all artists and audience members, see Access Rights for d/Deaf and Disabled People.

Festivals programming by EOI application processes, should provide clear information on processes around timelines, curatorial and programming briefs, available financial resources, access support and services offered. 

Festivals should be clear about the full scope of the presentation or commission being offered including timelines, expectations and fees payable. It is recommended festivals have an open dialogue with artists/companies and create feedback loops to strengthen the way they operate together. 

Key recommendations for EOI processes:

• clear programming guidelines, criteria, eligibility and up-to-date FAQ 

• host information sessions and/or point of contact for questions 

• engage accessible practices to reduce barriers for participation including reducing EOI processes and providing information in a range of communication formats

• for larger commissions consider a two-stage approach and remuneration of time to attend meetings and engage creative team in scoping process

For more information, see Equitable Application Processes.  

Installation and De-installation

Festivals are responsible for providing suitable spaces which meet technical and safety requirements (see Workplace Health and Safety), accessibility requirements (see Access Rights for d/Deaf and Disabled People) and production requirements to present the work. 

Most major festivals provide scope for full installation, de-installation and technical crew services on instruction from the artist/company. Artists/companies should have final approval and sign-off. Smaller scale festivals should be clear about what production, technical, install and producing support is possible and what is expected of the artist in the creation and operation of their work.

Installation and freight are typically negotiated in the agreement.

Presenting

Major festivals have a responsibility to provide:

• event promotion, including design, printing and distribution of collateral material such as programs, signage, flyers

• project manager or producer to be the main liaison with artists, venues and suppliers

• front of house staff to manage audience, ticketing and Covid safety

• APRA licensing if required, unless original music is being used

• access support services for audiences and artists, including meeting access rider requirements if applicable, and making accessibility provisions clear to audiences online (see Access Rights for d/Deaf and Disabled People). Festivals should cover the cost of access provisions, these should be separate to any artist fee

• hospitality and green riders (see, Climate Adaptation and Environmental Justice) (often negotiated depending on festival policies)

• access to private change-room and toilets for live performance artists

• travel, accommodation, visa administration and support, ground transport and per diems or provision for meals where artists are traveling away from home

• opening night function costs including serving food and beverages

• insurance for loss or damage to the work, see Insurance

Artist-run or independent festivals may provide similar support but at a much smaller scale. Often venues are acquired on an in-kind basis, audiences are more niche, and communication approaches are less resource-intensive and will generally have smaller reach. 

Major festivals or festivals that have limited resources can consider alternative ways of supporting and hosting artists, for example by:

• providing shared meals for artists and festival teams to build relationships in a social setting where the artist is traveling away from home and per diems are not possible

• providing volunteer airport transfers when cab charges or festival drivers cannot be provided for travelling artists

• coordinating a Welcome to Country with a Traditional Custodian for both visiting and local artists/companies to commence their experience creating on Country together

• coordinating small excursions that encourage visiting artists to learn and have a deeper connection to place

• asking local businesses to contribute in-kind goods for artist welcome packs in exchange for promotion

• extending employee assistance programs or support services to artists/companies free of charge whilst working on projects

Artists presenting at a major festival have responsibilities to:

• maintain creative control and lead creative decision making

• evaluate whether the sponsorship, funding sources and values of the festival are in line with their own values

• provide a fee or quote for the artwork and clear outline of what this entails, noting sometimes festivals might request a detailed budget or break-down 

• provide clear instructions on installation or have an agreed process in place with the presenter/venue

• provide good quality images and text for promotion

• be available for media requests and interviews

• at their own discretion, make clear their access requirements for participation, anonymously or privately 

• consider and communicate the accessibility of their work and artistic access integration approaches, see Access Rights for d/Deaf and Disabled People

• participate in artist talks, workshops or other engagement activities as negotiated with the festival

• provide of list of musical works for APRA if required, unless original work is used

• meet work health and safety requirements, see Workplace Health and Safety

• maintain public liability insurance (if not covered by the festival), see Insurance

When a festival is not providing services beyond the basics or is not curated, for example in a Fringe model, the artist may also need to:

• install the work (including providing installation equipment, supplies, lighting, sound tagged and tested) and install the work in an accessible manner (i.e. height, not blocking access)

• be responsible for safety within the space (i.e. work has been securely installed, no cords running across walkways)

• provide collateral such as programs, room sheets, flyers or postcards including in accessible formats

• invite media and key audiences they want to engage to the work

• arrange and cover the costs of opening night and/or other events

• be in attendance in the space for part of the exhibition/works duration, or the space’s full opening hours

Festival agreements should reflect the type of engagement with the artist or company, e.g. commission, presentation, co-presentation, development or research site visit. 

Major festivals typically engage a legal team to understand the risk and insurances involved in presenting the work, whereas ARIs and independent festivals might seek advice from their board, Arts Law or independent legal advisors. In some instances, festivals might also be tied to local councils and their legal advice. 

Festivals should provide tailored agreements in formats that meet the artists communication needs. Artists should ask questions and get legal advice if they don’t understand the agreement before signing it. Artists have the right to negotiate their agreements and request special conditions or requirements of the festival.

The following terms should be jointly determined by the artist and the festival and outlined in the agreement:

• Roles and responsibilities: expectation of each party, including any involvement in workshops, talks, media or industry engagements outside the presentation of the work.

• Key details: dates and locations of the activity, including a schedule of all agreed artist engagements.

• Fees: amounts payable by either party including, for paid events, indication of box office split and/or royalties.

• Curatorial or project brief: outline of key thematic or programming considerations.

• Technical requirements: outline of installation and material requirements. 

• Freight: responsibility for coordinating freight.

• Media and promotion: marketing and promotional plans to be discussed with the artist/company at an appropriate time before the event.

• Recording consent arrangements: including consent processes for any recording of artwork and model release processes.

• Credits and acknowledgements: for artists and collaborators.

• Acknowledgement of Country provisions: in programming, opening and online.

• Accessibility requirements and provisions: see Access Rights for d/Deaf and Disabled People.

• Sustainable practice and green riders: see Climate Adaptation and Environmental Action.

• Intellectual Property and Indigenous Cultural and Intellectual Property terms: see Intellectual Property and First Nations.

• Insurance and risk-management arrangements: see Insurance.

• Copyright: artist is to retain copyright of the artwork and any additional creative content produced. 

• Live performance: provisions for set building, equipment installation and lighting, technical rider, show operator and stage manager.

• Cancellation arrangements: force majeure arrangements and a cancellation or termination clause including payout terms and variation processes. 

• Risk assessments: are in place for both artwork and Festival.

• Variations: when commissioning a new work, if there is a material change to the terms of the agreement, in the design or artwork, the artist and commissioner should discuss, agree and document the change in writing as a variation to the agreement, to account for the change in scope.

Festivals, particularly publicly funded festivals, should ensure representation of a wide range of artists and work actively to reduce barriers for participation across all aspects of their organisation, including communications, programming and audience reach.

For more information, see First Nations and Racial Equity and Representation.

It is the responsibility of the festival to ensure the application processes, website, social media, communications and building are accessible, and to communicate clearly about the accessibility of the festival venues. Generally, it is the artist's responsibility to consider, communicate, plan for accessibility of the work and, where possible, ensure the work is accessible (for example, video work has captions, audio descriptions are available).

For more information, see Access Rights for d/Deaf and Disabled People and Equitable Application Processes.

The festival is responsible for paying artist fees and entitlements at the award rate, and with reference to NAVA recommendations, see Payment Standards. 

Fees give a frame for the scale of artwork. In determining fees, festivals should consider the scope of the project including administration, making the work, presenting the work, participating in meetings and in media or promotional engagements. Major festivals usually request the artist or artist’s representative to suggest a fee as part of the overall presentation fee. Smaller festivals might outline what the artist fee is, separate to material or other resources available. 

When commissioning new works, a staged contracting approach should be considered. This enables both parties to understand the full scope of the project from research, development to presentation, and allows time for the festival or artist/company to adequately resource this process at each stage and build key relationships.

If industry standards do not easily apply to the type of artwork/commission, a good ‘rule of thumb’ is to consider a weekly fee negotiated with the artist that is equitable and liveable. 

All parties need to adequately protect employees, participants and audiences with evidence of public liability insurances and provisions to ensure that all employees and contractors receive superannuation, holiday pay and work cover as required by law. Volunteers should be covered by insurance.

If you are unable to provide these arrangements as a company, festival or group, it is recommended to work with an auspicing or administering organisation who can provide these services and can enter into an agreement with other presenters.

Minimum standard to ensure participation is accessible, transparent and equitable:

• all artists are paid for the work they do 

• superannuation contributions are allocated and artists are covered by workers compensation

• volunteers are covered by insurances

• materials, installation and production are paid in addition to artist fees 

• all artist receive contracts prior to commencing work 

• festivals are responsible for production and technical support for the work

• access support and services to be paid or budgeted in addition to artist fees

• artists are paid for additional activities such as workshops, talks, industry engagements that sit outside the presentation of the work

For more information on fees and wages, see Payment Standards.

If images of artworks are used to promote the work or exhibition, no licensing fee is payable to the artist by the festival. The artist should approve any use of images of their artwork by the festival.

The artist will own copyright in their artwork and any additional creative content including props, set and costume design, sound design, and visuals associated with or derived from the artwork. Where they own copyright, it can be shared with a licence and attribution. Where they do not own copyright, for example in promotional materials, it is still good practice to confirm their consent on the promotional use of their name, image, voice and artwork, and attribute appropriately.

Intellectual property arrangements should be included in the agreement.

For more information, see Intellectual Property.

Contracts must include any agreement between the artist and the festival organiser in relation to ICIP. This includes agreement to follow any cultural protocols when exhibiting the artist's work, promoting their art practice, and ensuring the cultural integrity of communally owned ICIP incorporated in their work.

For more information, see First Nations.