Glossary

Access

The opportunity and ability to access services, goods and facilities in an equally effective and integrated manner.

Amateur Artist

Amateur artists may be highly skilled and may exhibit, sell work and derive income from their art, but do not consider themselves 'in business as a professional artist' as per the ATO's definition. See Creative Career Stages.

Approval Processes

Different processes for choosing which artist or project will be chosen by a commissioner.

ARI

An Artist Run Initiative (ARI) is a collective or space run by artists, often to present their own and other artist's work, providing exhibition opportunities and developing social and creative networks that benefit artists and local communities.

Arts Worker

Arts workers includes curators, administrators, producers, installers, conservators and other roles that support the production and presentation of visual art, craft and design.

Artist

The term artist is used predominantly in the Code and includes visual artists, craft practitioners, designers and makers. An artist is a person who works at and is skilled in creating art.

Artist Residencies

An artist residency is an opportunity administered by a host organisation that facilitates a guest artist to work in a different environment.

Artist Studios

Studio programs mainly aim to support artists with physical space, and access to equipment and facilities, often through a selection process.

Auspice

Auspicing is when an established business, organisation or institution provides support, sponsorship, or guidance to a less established and often unincorporated or unregistered organisation or group. Groups of individuals wanting to carry out a one-off project may not want to formally register as a charity or incorporate as a non-profit organisation and therefore require another organisation to auspice in order to be eligible for government or private funding.

Commission Agreement

This agreement comes after the concept design agreement in the commissioning process.

Commission Brief

A brief is a document outlining the outcomes and details of a project. This describes the project in a call-out or expression of interest (EOI) advertisement.

Commissioner

The agent commissioning the work, ie. a local government authority, a company, business, or private individual. 

Community Consultative

Projects that must be developed in consultation with the community they exist in. Usually, these will have some sort of cultural or historical importance.

Community Participatory

The development of the project depends on community participation and is enhanced by involvement.

Concept Design Agreement

An agreement drawn up in the earlier stages of the project that outlines terms and conditions of the concept design process. 

Contract Commission Fee

This is the artist fee agreed upon in the Concept Design Agreement.

Contract Representative

A contract representative is the individual responsible for ensuring effective communication between the parties involved.

Cultural Safety

Cultural safety means an environment that recognises, respects and nurtures the cultural identities of people, and creates a place that is socially, emotionally, and physically safe for people to be who they are.

De-accessioning

De-accessioning is the removal of a public artwork. Possibly by request of the artist or commissioner. Usually public artworks are de-accessioned because the integrity of the work is threatened due to outside factors e.g. graffiti, wear and tear etc.

Design Development Requirements

Design Development Requirements are the specifications and design criteria that define the limits within which the design of the project can be developed and conducted.

Disability Discrimination Act

The Disability Discrimination Act 1992 makes it unlawful to discriminate against a person because of their disability.

Dispute

A dispute arises between parties when there is a disagreement about goals, information, communication styles, priorities, ways of working and beliefs.

Early-Career Artist

An early-career artist, craftsperson or designer is in the initial stage of their professional career. See Creative Career Stages.

EOI

EOI stands for expression of interest. It is an advertised call-out for relevant artists to express their interest in an upcoming project. Typically, there is a criterion they would have to respond to accurately, to then be chosen to participate further.

Equality

Equality focuses on leveling out the playing field by providing everyone with the same resources and opportunities based on principles of meritocracy and ‘fairness’.

Equity

Equity recognises that people do not start on level playing fields due to historical and ongoing structural barriers, and allocates the exact resources and opportunities needed to reach an equal outcome.

Established Artist

An established artist, craftsperson or designer has reached a high level of achievement in their career, having created a substantial body of work and gained national and international acclaim for their contribution to their discipline and sector. See Creative Career Stages.

Exclusive Licence

The licensee is the only one allowed to use the copyright material in the way set out in the licence. The copyright owner cannot use the material in this way, and cannot authorise others to do so. In order to be valid, the exclusive licence must be in writing and signed by the copyright owner.

Fabrication

This refers to the manufacturing of the physical work, whether it be done externally or by the artist.

Festival 

In this Code, the term ‘festival’ refers specifically to a festival which has programmed, commissioned or accepted an artist to take part in their program. The terms ‘artist’ and ‘company’ are used interchangeably to refer to the person/s creating the work. 

Gender Diverse

An umbrella term that includes all the different ways gender can be lived and perceived. It can include people questioning their gender, those who identify as trans or transgender, genderqueer, non-binary and many more labels.

General Conditions of Contract 

General conditions of contract are an integral part of the construction contract, consisting of items and resources needed for completing a project.

General Property Insurance (Building and Contents)

This form of insurance provides protection of private or commercial premises against loss or damage caused by burglary and other specified perils.

Goods in Physical and Legal Control

This type of insurance protects you against claims arising from other people’s goods in your control or on your premises that you negligently lose or damage.

Grievance

A grievance is raised when one party feels unhappy, confused or aggrieved about a situation. It is possible at this point to resolve the issue before it escalates into a dispute between two parties.

GST

Goods and Services Tax, see Taxation.

Inclusion

The policy and practice of including and integrating a diversity of people and providing equitable access to opportunities and resources for people who might otherwise be excluded or marginalised.

Indigenous Cultural and Intellectual Property (ICIP)

ICIP refers to First Nations peoples rights to their own collectively owned cultural heritage, and to control who can use and adapt it.

In-kind Assistance

“In-kind” refers to the payment of goods and services. The term is used when outlining budgets. For example, if you’re using a print-making studio and they allow you to use their ink. The estimated cost of ink would be written as an “in-kind” expense.

Installation

This refers to the act of installing or putting in place the work.

Intellectual Property

The property rights that arise in the outcomes of creative and intellectual processes such as artworks, designs and inventions.

Limitations

Refers to outside factors that warrant consideration. These may affect how you carry out your project.

Material Safety Data Sheets 

Material Safety Data Sheets (MDSDs) are documents that contain information on potential hazards when handling or working with particular products.

Mid-Career Artist

A mid-career artist, craftsperson or designer has been developing an independent body of work and practice over a number of years, gaining recognition at a state and national level. See Creative Career Stages.

Moral Rights

These are rights that apply for work even once it belongs to another party.

Non-Exclusive Licence

The licensee can use the copyright material under the licence and the copyright owner remains free to exercise that right as well as authorise others to do so.

Non-Fungible Tokens (NFT’s) 

Digital assets representing real-world objects.

Non-Salaried 

A non-salaried arts worker is an arts worker who operates independently outside of the security of salaried work from a larger organisation. 

Patent

A patent is an intellectual property right for protecting a new invention that is commercially useful.

Personal Accident and Illness (Income Protection)

This type of insurance provides for loss of income for self-employed persons resulting from either accident or illness.

Policy

Rules, principles, guidelines or frameworks that are designed and followed by an individual organisation or government to achieve long term goals. Policies are usually presented in a written format.

Production Fee

A production fee is paid to an artist or arts worker to cover the costs they would incur related to the production and presentation of a new artwork. Costs may include but are not limited to materials, transport and installation. Production fees are separate from fees for labour (artist fees) and will vary depending on the artwork and should be negotiated with the artist or arts worker.

Product Liability Insurance

This form of insurance covers legal liability towards members of the public for an ‘act of negligence’ in the manufacture of work leading to injury, sickness or death from products sold or supplied.

Professional Indemnity Insurance

This is a type of insurance that provides for loss resulting from claims made against the insured for breaching their professional duty.

Project Manager

Someone appointed to manage a project. Could refer to someone working for a commissioner.

Proposal

A proposal’s purpose is to put forward an idea to a certain party for a project. This is a response to an EOI or call-out that addresses the brief.

Public Liability Insurance

Public Liability Insurance is a form of insurance that provides protection from claims arising from injuries or damage to other people and property that may arise out of your negligence.

Public Realm

Referring to projects that exist outside of an arts (gallery, festival, event etc.) setting.

Racialised Person

The term 'racialised' demonstrates how these identities are socialised or projected onto people, a construction rather than something that is inherent to the person.

Resale Royalty

A resale royalty is a payment of 5% owed to an artist or their estate which applies where ownership of the artwork is transferred from one person to another for commercial purposes, the transfer is not the first transfer of ownership of the artwork, and the artwork resold for $1,000 or more.

Risk Assessment and Risk Management

Identification of every risk involved with the development of the project and the possible mitigation solutions for these risks.

Schedule to the Contract 

A schedule is a list of documents that are incorporated into a contract. This may include a brief, guidelines or other reference documents.

Selection Criteria

The selection criteria is a list of outcomes that must be adhered to. A proposal’s ability to best address a selection criteria directs decision-making.

Site-Works

Site-works describes the work and preparation required for a building site or construction job.

Sole Licence 

The licensee can use the copyright material in the way covered by the licence and the copyright owner remains free to exercise that right as well, however the copyright owner cannot license others to do so.

Stakeholders

Stakeholders refers to an individual or group that has an interest or concern in any decision or activity of an organisation, business, or project.

Subcontractor

Subcontractors are individuals or businesses that carry out work for a contractor as part of the larger contracted project.

Teaching Artist

An artist who has dedicated their art practice to facilitation of learning programs and workshops. They may or may not have formal qualifications in teaching or education.

Tenants Liability

This is a form of insurance that is usually an extension to a public liability policy, protecting tenants against claims for any damage negligently caused to any property being rented.

Timeline

A document outlining the expected steps taken to complete the project and the time considered for each step.

Total Allowable Cost

This is the budget of the project. A detailed outline of all costs involved with the project.

Unwelcome Conduct

Conduct that was not solicited or invited by a person, and the person regards the conduct as undesirable or offensive.

Urban Planner

An urban planner is a person who develops plans and programs for the use of land.

Variation

A variation to an agreement is the written documentation of an agreed change in scope or terms of commission.

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.