Detailed Discussion

Art, craft and design works are exhibited through different arrangements in a variety of not-for-profit, non-commercial spaces, known as public galleries. There are currently over 400 public galleries across urban, regional and remote Australia. Major institutions include national, state and territory galleries, and the small-to-medium sector encompasses contemporary art spaces, contemporary craft and design spaces, galleries and art museums, including those operated by local government and universities. 

Exhibitions may include loans of existing work arranged with the artist, collections, digital reproductions, and/or new commissions. Artwork may be shown as part of solo or group exhibitions, collaborations, festivals/events and more. It may aim to engage in creative and critical discourse, to award a prize or to engage the public, including local communities and visitors. The spaces that host exhibitions are not always physical, with online exhibitions becoming increasingly popular for presenting works to the public.

Artists and exhibiting organisations mutually benefit through opportunities to develop practice and profile, and connect to new markets, audiences and professional networks. Artists and curators may be engaged in different contexts, whether through writing, panel discussions or other public programming. Artists may also be provided with beneficial organisational support like media training, support letters and assistance with grant writing.

Public galleries provide early-career, mid-career and established artists with a dynamic platform to present and communicate their work. Exhibiting is an important aspect of the relationship between artists, the visual arts, craft and design sector, and the broader public. 

Loans

Artworks are loaned from artists, institutions and private owners for public exhibition and display, mainly by publicly funded galleries but also by private companies. 

Artworks are considered to be loaned, even when the organisation has commissioned new work, unless the work has been purchased or acquired and the artist has been properly compensated, see Payment Standards. Generally, exhibitions of loaned works are curated by the exhibiting organisation’s curator or a guest curator.

Exhibitions may include a combination of loaned works, works from the organisation’s collection and newly commissioned work which will result in varied artist’s fees.

Key Issues

Miscommunication about expectations, fees, agreements, policies, roles and responsibilities of the artist and exhibiting organisations, or the way the artist’s work or practice has been described by the organisation, are the leading causes of conflict in working or creative relationships. Prompt and clear communication about the costs and benefits to be shared between the exhibiting parties leads to strong, long-term collaborations.

Miscommunication can lead to conflict and raise issues relating to cultural safety. Poorly managed conflicts can have negative impacts on artists, audiences and members of gallery staff. Artists sometimes self-censor in negotiations with organisations for fear of being removed from programming if they speak up about their concerns. 

First Nations art exhibitions should engage First Nations curators in design and promotion. Where possible an exhibition should be developed in consultation with the artist/s and their community. Exhibitions should also be accessible to First Nations audiences. This includes following protocols around showing works by deceased artists, dealing with artworks that depict deceased persons and negotiating gender issues. First Nations artists should review and provide feedback on wall texts, labels and promotional materials.

Exhibiting organisations should arrange for a Welcome to Country by a local community Elder at openings, and an Acknowledgement of Country should be made at all events and openings, in person and online. 

First Nations artists, and possibly senior members of their community, should be invited to the opening of any exhibition which includes their works. It is good practice to offer hospitality and support for travel, if required, including reimbursement for meals and travel costs, including a support person. At the opening, artists and community members should be welcomed into the space and catering should consider any special requirements. 

Galleries and artists must ensure that Indigenous Cultural and Intellectual Property (ICIP) principles are upheld for any use or adaptation of First Nations cultural heritage.

For more information, see First Nations.

Legal obligations in the areas of intellectual property (see Intellectual Property), insurance (see Insurance), workplace health and safety (see, Workplace Health and Safety) and accessibility (see Access Rights for d/Deaf and Disabled People) apply in this area. 

In particular, ensure all marketing and promotion is consistent with copyright and moral rights under the Copyright Act 1968 (Cth).

Beginning and Maintaining the Relationship

When starting a project, an exhibiting organisation will approach artists or their representatives with an invitation. Information about expectations, fees, the organisation’s policies and the proposed contract for the exhibition should be provided. 

There should be scope for both parties to negotiate the proposed agreement without disadvantage or unreasonable time pressure. Establish consistent and clear channels of communication so that both parties feel confident about what is expected of them. 

Where an artist has accessibility requirements, exhibiting organisations should follow the artist’s preferred method of communication. In some cases, it is helpful if the organisation talks the artist through the benefits, responsibilities and any fees within the contract to confirm understanding, or connect artists with support services and/or organisations.

Generally, the exhibiting organisation takes the lead in facilitation, communication and care including logistics, installation and expenses such as insurance. The amount of support offered to artists is mostly determined by the capacity of the exhibiting organisation.

Exhibiting organisations should consider the artist’s rights and preferences for exhibiting their work. It is good practice for the artist to approve all written or published material framing or interpreting their work and practice, before distribution.

Some local government galleries and artist-run initiatives may invite artists and curators to submit an expression of interest or exhibition application through open exhibition call-outs.

For more information, see Hiring a Gallery Space to Exhibit and Sell, Artist Run Initiatives and Equitable Application Processes.

Policy Statements

Galleries should provide accurate and transparent information about their policies on exhibitions, touring, fees and any cost-sharing arrangements, preferably online.   

Many organisations have publicly available policies outlining their inward and outward loan processes, others may have internal processes which are more flexible. It is good practice to adhere to consistent loan processes.

Freedom of Expression and Risk Management

Many artists and exhibitions engage directly with social and cultural issues. This engagement can trigger strong reactions from the public. While freedom of expression is not explicitly protected in Australia, exhibiting organisations should consider how controversial topics will be received by audiences and weigh up the artist’s right to expression against any potential offence or harm to audiences, or in some cases, offence or harm to other artists in the exhibition and or employees of the exhibiting organisation. 

It can be useful for all exhibitions to have a risk management plan for complaints and criticism in preparation for a variety of audiences’ reactions. In consultation with the artist, exhibiting organisations should plan how to respond to complaints and criticism raised against the artwork. The exhibiting organisation should take reasonable measures to mitigate any reputational or financial risks to the artist. Any steps outlined in response to audience feedback or wider public action should avoid censoring the artist and their work. The plan should also consider how to respond to good-faith complaints and criticisms.

Artists and organisations need to work together closely and with sensitivity in identifying issues related to work that has the capacity to offend. Organisations have a duty of care to visitors and gallery staff to provide warning of artwork that is controversial, explicit or with potential to trigger distress in viewers with an experience of trauma. 

Organisations should develop a risk management strategy for exhibitions that may contain content that could be perceived to be controversial, provocative or have the potential to offend certain members of their community, audience or stakeholder groups. See Risk Assessment and Management for Exhibition Content prepared by MGNSW and NETS Victoria.

For more information on controversial and provocative work, see Freedom of Expression.

Exhibiting organisations should ensure that the integrity of the artist and their work is maintained. They should balance the artist’s preferences for how their work is to be exhibited against the parameters of the building, facilities and workplace health and safety requirements. 

The exhibiting organisation should discuss all relevant information regarding the exhibition with the artist in order for the artist to give their informed consent to the loan. This may include venues, curatorial vision, procedures regarding handling work, marketing plan etc.

It is good practice for the artist to provide feedback on all written or published material interpreting their work and practice, where it is not supplied by them. 

Organisations are responsible for the artwork while it is in their care and should do everything in their capacity to ensure that the work is returned to the artist in the same condition it was received. Organisations should document the condition of the work before installation and after the exhibition is finished.

When the artwork is loaned from a collection the artist/estate should be advised of its inclusion in exhibition, and properly compensated for any reproduction of the work, see Payment Standards.

As artists’ moral rights must be upheld by the exhibiting organisation, it is important to give artists a right to respond to the way their work is being communicated through the educational/public programs. Artists will be sent a draft of all educational and public programs resources for approval/comment with time for editing as required.

Organisations have a responsibility to ensure that their spaces are accessible. If there are areas that are not yet accessible, this needs to be clearly communicated with artists and the audience in a timely fashion, such as on the organisation's website.

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

Galleries or exhibiting organisations should:

• confirm the spelling and pronunciation of names, and preferred pronouns

• provide the written draft agreement to be negotiated

• pay the loan fee 

• curate the exhibition

• organise freight

• arrange insurance for transit, storage and exhibition

• handle the work with care 

• supply equipment for display, including necessary audio-visual equipment

• install the work (depending on the agreement)

• document the work (exhibitor may ask the artist to provide an image)

• provide the invitation, publication, accessibility information and other collateral

• uphold the integrity of the work and the artist’s reputation including moral rights and copyright

• ensure safety of the building and common areas, including Covid safety, and building access

• meet access requirements, including access to the space, to the work and information or signage, adequate seating and provision of a quiet space

• provide access information online, including building facilities, public transport and parking

• designate accessibility liaisons, where viable financially, or deliver appropriate training for staff

• publicise via a prominent platform to a wide audience

• pack the work for return travel

Before accepting a contract, artists should consider if the invitation to exhibit and the agreement conditions suit them and ensure all conditions (such as the budget and timeline) are feasible.

Artists should remain open to the way their work is communicated to the public, but should address any major issues in the translation of their work.

The role and responsibilities of the artist should be clearly outlined in the loan agreement in addition to any permissions that the artist is providing.

Responsibilities of the artist may include:

• packing the work for collection (if the work is coming directly from the artist)

• providing requested information such as text to accompany the work, a biography, labelling for the work, information for insuring the work or an image of the work

• providing assistance to install the work or providing instructions

• videos or photos of the work

• travelling with the work, in some cases

It is the responsibility of the artists to consider, communicate, plan and where possible, ensure accessibility of the work, and, in cases where the artist is installing their work, of the installation.

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

All exhibition opportunities should be accompanied with a clear and straightforward loan agreement. The language should be concise, and in plain English. 

Organisations should explain or translate information as requested by artists. They should offer artists the opportunity for questions and feedback, and ensure a revision and a cooling off period of at least seven days.

Agreements between artists and organisations should outline:

• roles and responsibilities of the organisation and artist, including all legal obligations, timelines and deadlines

• exhibition details including the title, dates and venue

• a description of the proposed exhibition and works included along with their value for insurance purposes 

• logistics, including exhibition timeline, freight, delivery and return of artwork

• meetings, if any

• installation arrangements and which party is responsible for the supply of equipment and materials

• insurance responsibilities against loss, theft, damage or destruction

• rights arrangements for use of images and materials, including in promotion, website, exhibition catalogue and/or public programs 

• marketing and publicity arrangements

• events where the artist is expected to participate, including artist talks, panel discussions, podcasts, and performances 

• fee and payment information, including reimbursement for costs (e.g. travel and accommodation costs)  

• cancellation or delay arrangements

• process for dispute resolution 

In the case of a gallery hosting an exhibition organised by a third party, the separate obligations and responsibilities of each of these parties should be identified through a contract between these parties. These separate obligations and responsibilities (publicity, catalogue, invitations, fees, insurance, freight, duty of care, etc.) should also be communicated in writing to the artist/s.   

Amendments to any contract or agreement should only be made in writing with the agreement of both parties.

A standard agreement is available for purchase from Arts Law – Loan of Artwork Agreement for Public Exhibition.

A checklist is included below.

It is the responsibility of the organisation, gallery or exhibition space to ensure any application processes, website, social media, communications and building are accessible, and to communicate clearly about the accessibility of the venue. Generally, it is the artist's responsibility to consider and communicate the accessibility of the work and, where possible, ensure the work is accessible (for example, video work has captions, audio descriptions are available). Artists or individuals should be reimbursed for their time when consulted on accessibility requirements, see Payment Standards.

Making loaned work reasonably accessible will be a negotiation between the artist and exhibiting organisation.

For more information on accessibility of work, see Access Rights for d/Deaf and Disabled People.

People belonging to under-represented cultural backgrounds, identifying as LGBTIQA+ and/or d/Deaf and Disabled people commonly undertake invisible labour in relation to access and safety. This labour can be a barrier to access, and a disincentive for participation in the sector, which is a huge cultural and financial loss to the sector as a whole. 

Advanced planning can help to make an exhibition welcoming, accessible, inclusive and culturally safe.

This can be done by: 

• following good practice in regards to encouraging artists from under-represented backgrounds to participate in programming

• implement Equitable Application Processes

• confirming spelling and pronunciation of names and confirming pronouns

• providing event information in plain English and accessible formats

• being flexible around access requirements including extra time, preferred modes of communication and or a support person

• providing a quiet/safe space at a site

• providing seating at opening nights and other events

• enabling certain groups to view the exhibition independently

• listening to and acting upon feedback

Consultation and collaboration with stakeholder communities is vital for ensuring cultural safety. Community and exhibiting artist consultation at the beginning of a project and during the design of the exhibition will help ensure that representation of works individually and in the context of the exhibition are authentic, accessible and respectful. 

For more information, see Racial Equity and Representation.

Exhibiting Work by People in Custody 

Artwork made in prison should be exhibited in ways that are sensitive to those who have created the artwork, and those in the community who are victims of crime. 

Exhibitions should be managed in a way that: 

• minimises the chances that victims will be negatively impacted and possibly retraumatised 

• minimises the chances that the creators of the work will be negatively impacted through being identified and targeted by audiences  

This might mean creators are either not publicly identified, identified by one name only, or by both names, if it is acceptable and safe to do so. Creators of work must be notified and consent to their work being exhibited. 

For more information, see Arts Law's Recognising Artists in Prison: A Review of the Law and Policy in Australia.

Loan Fees

A loan fee is a fee paid to the creator of a visual art, craft or design work in exchange for the public presentation of the work. These fees are paid in recognition of the value being provided to the public, and the potential loss of income to artists while their work is on loan for a short or long-term exhibition and not available for sale.

Artists should always be reimbursed for the loan of their artwork, at each location, when touring. The loan agreement should clearly set out what the artist or private owner is expected to do or deliver, such as preparing, packing and/or providing information. 

No loan fee is paid between collecting institutions.

For more information on loan fees, see Payment Standards.

Loaning Video, Sound, Performance and Installation Work

Artists loaning ephemeral or non-physical work such as video, sound, performance and installation should be paid a loan fee. 

The delivery of the video and sound work may be in an electronic format with additional instructions or information. A digital file should be treated with the same care as a physical artwork.

Loaning an installation work may require the artist to install the work themselves or, if the original work was ephemeral, there may be a materials fee involved in restaging the work.

When ‘loaning’ a performance work (i.e. asking an artist to perform an already existing work) the artist should be paid with consideration to the number of performances as well as preparation and rehearsal time for delivering the work in what is likely to be a different context to what, where or how the work was originally conceived. The institution will also pay travel and accommodation if required, in addition to the performance fee.

Adequate resources should be factored into the development, planning, and logistics for performance-based work, as well as access provisions. Methods for documenting, storing, and disseminating work should be established ahead of time. Artists working in performance modalities should be paid the same loan fee rate as those showing object-based work as well as any additional costs for the performance (such as travel, accommodation, rehearsal, additional performer wages or technical support).

Loaning for Digital Exhibitions

It is good practice to pay artists the same loan fee for digital exhibitions as live exhibitions, to cover administration work. For example, the artist must provide a good quality image or recording of the work. Also exhibiting organisations may need to ask the artist for different permissions reflecting the different method of exhibition. For example, licences for in-person exhibitions may only have limited scope for publishing the work online. 

Loan and Exhibition of Collection Works

Galleries with an art collection should have a loans policy on the process of loaning work, including approvals and any fees involved.

It is good practice for institutions to inform the artist when their work will be in a new exhibition and request an updated biography and artist statement. The artist should be paid for any work undertaken as well as license fees if work is reproduced in the promotion of the exhibition.

Some public galleries may pay an exhibition royalty fee to an artist when an institution displays work from their own collection. This is a relatively new practice that particularly recognises works donated to collections.

Licensing

A licence is granted by the copyright holder of the art, craft or design work (generally the artist) for use of images of the work. Most exhibition agreements include a basic non-exclusive licence to reproduce an image of the work to promote the exhibition including in the exhibition catalogue, on the website and in education/public program resources. 

Any use of the art, craft or design work for commercial purposes such as merchandise or large-scale advertising materials should incur additional licensing and royalty fees. 

Additional Services

Artists should be paid for additional services when they are required to do research and or additional work outside of the exhibition, such as preparing for a new talk or panel discussion in context with the curatorial framework of the exhibition, or develop and deliver a workshop. Additional funds should be allocated for access provisions.

For more information, see Payment Standards.

Private Owners

Any person who works to prepare artwork for a loan should be paid for their time. If the private owner needs to prepare and pack the work for transit, be available for the work to be picked up and provide information about the work, they should be paid a fee. It is also good practice for the exhibition to provide credit to the private owner for the loan.

Where a work is being loaned from a private owner the artist should be contacted to provide licensing permissions for use of an image of the work in promotional material, and any other information required – as in general, the copyright will remain with the artist even if the title of the work has been sold to a private owner. The private owner may also need to consult with the artist on appropriate packing and transit. The artist should be paid for the licence and any work undertaken. Artists also retain moral rights in their work, see Intellectual Property.

Some galleries will also pay the artist a loan fee in recognition of the value being provided to the public.

Education and/or Public Programs Resources

An exhibiting organisation may create educational and accessibility resources. If the artist is asked to contribute to these resources with text or additional imagery, it is good practice to pay them for this work in addition to any loan or licence fees.