Detailed Discussion

Artist residencies and studio programs offer artists space and support for research, development and creative production. Residency and studio programs can take place in a range of environments including areas of historical, cultural or environmental importance, community facilities such as hospitals, schools, universities and virtual platforms, or creative spaces such as galleries or art, craft and design centres.

Organisations may offer a range of supports to artists via residencies and studios, including: 

• space

• remuneration

• travel expenses

• accommodation

• living expenses

• specialist equipment

• materials

• mentoring opportunities 

• accessibility expenses

• insurance

• presentation of public programs

• professional development opportunities

• networking opportunities

In return, artists may provide inputs to organisations including:

• exhibitions

• workshops

• tuition

• contribution to research profiles

• cultural and community development

• publications

• promotional opportunities

Artists and host organisations should be sure their interests are transparent and aligned through Expressions of Interest (EOIs), proposals, negotiations and contracts in advance of the program.

Key Issues

Residencies vs Studios

Within the Australian visual arts, craft and design industry there is often blurring between residencies and studio programs. Each of these situations has different expectations of both the artist and the host, and lack of definition around this can lead to misunderstandings between the parties involved. 

Artist Residencies

An artist residency is an opportunity administered by a host organisation that facilitates a guest artist to work in a different environment. Residencies can be in a physical or virtual environment, and they may be artwork-based, research-based or experimental. Usually there is some degree of collaboration, conversation or response between the artist and host/site/space/place/community. Residencies may be offered as a prize or award and some will pay an artist fee.

Some residencies have a particular outcome that is to be achieved such as an exhibition or the carrying out of community engagement or workshops while the artist is in residence. Other residencies have no specified outcome other than the aim to allow the artist time and space to develop their practice.

Residencies are:

• formal

• short-term (usually one to 12 months) 

• supported with administration and facilities

• often focused on how the artist will work with place/community

• sometimes outcome-driven

Artist Studios

Studio programs mainly aim to support artists with physical space, and access to equipment and facilities, often through a selection process. Often the artist will pay rent, though they can also be offered free of charge. Any space can function as a studio, and the artists need not be making work that responds to the host, site, space or place. Studios are often subsidised by organisations.

Studios are:

• informal

• long-term

• adaptable to any project, like an artist’s office

• not usually focused on public engagement

• not usually outcome-focused

Selection and Application Process

Selection and application processes should be made transparent by the organising body through providing detailed information on application forms. The process should be equitable and the decision-making process should be made clear to applicants, preferably online.

For more information, see Equitable Application Processes.

Contracts and Agreements

All residencies and studio occupancies should be conducted on the basis of a written and signed contract clearly outlining the terms and conditions of the residency including the expectations of the host and the participant in all areas detailed here.

Duration

Residencies can vary in duration from 4 weeks up to 12 months. The minimum recommended time for any residency is 4 to 8 weeks as this is only just enough time to settle into a new environment and start producing work. Overseas residencies are generally longer—around 4 months. An overseas residency needs to be long enough for the artist to settle into a different culture and make contact with local communities.

Studio occupancies are typically long-term and ongoing, though live/work studio spaces or residential studios tend to be for a fixed term.

Specifications

While the specifications for studios are usually set out quite clearly such as specialised equipment, lighting and other workspace details, it should be expected that each artist will have specific needs and personal requirements. 

Items for negotiation may include:

• public/private access to the facility or studio

• preferred uninterrupted working times for artist, visitors and family in accommodation

• expectations on artist for community engagement and management of partnerships

• responsibility for payment of utilities and rubbish removal

• payments of fees, payment schedule and other expenses

• termination and contingencies should the artist or host be unable to fulfil the contract obligations in case of disability, illness, disagreement, or natural disaster

• required outcomes of a residency including exhibition or donation of artworks, documentation and final report and whether sale of any work is expected

• ownership of residency materials on completion i.e. shared collateral with a group of artists or partnerships such as artworks, music scores, or videos

• agreement in relation to insurances

• expectations around responsibility for ensuring the workspace complies with health and safety requirements

When a residency results in an exhibition of works, a separate exhibition contract or letter of agreement should be negotiated and signed.

Arts Law provides an Artist in Residence Agreement template for residencies and exhibitions.

If First Nations artists are undertaking a residency, it is important that the host organisation introduce them to the local First Nations community. Respectful introductions will help the artist connect with the local community and build a strong positive relationship. 

Hosts should:

• listen and respond to the community

• consult with Traditional Custodians on welcoming artists and connecting with community

• meet with community without an agenda

• invite First Nations artists to meet other First Nations artists, elders and groups with whom you have developed a caring and respectful relationship

• offer a cultural safety literacy guide to help both parties in studio/residency programs to articulate and understand reciprocal needs around cultural safety

• engage cultural leaders to ensure community connection

• include cultural safety in contracts

• embed community events and programs in the residency/program

• budget for catering and taxi fares for community members

For more information about collaborating and engaging with First Nations artists, see First Nations and Working with First Nations Art Centres.

Legal obligations in the areas of workplace health and safety (see Workplace Health and Safety), insurance (see Insurance), tax (see Taxation), superannuation (see Superannuation), intellectual property (see Intellectual Property) and Indigenous Cultural Intellectual Property (see First Nations) apply in this area.

Laws governing residential tenancies also apply, if the residency includes accommodation and depending on duration of residency.

Providing good orientation is crucial to the success of any residency or studio program. A host should facilitate a connection between artist and community prior to the residency, this assists with trust and creating a safe space. It is the host’s responsibility to be involved in building the relationships with the community rather than relying on the artist to do so. 

Access to transport should be provided for residencies in rural or isolated areas. Where local public transport is unavailable or inadequate, a vehicle should be made available to residents – perhaps for a stipulated time each week. As well as access to facilities such as printmaking workshops, organisers should arrange for access to printers and an internet connection.

Host should provide:

• a meeting to clarify expectations before the artist agrees to undertake the residency

• orientation materials such as maps, housekeeping information, on the ground and emergency contacts

• airport pick up

• welcoming grocery kit

• welcoming gathering

• workplace health and safety resources and a Covid Safety Plan

• Working With Children Checks

• functioning equipment for the artist

• appropriate privacy provisions

• appropriate access provisions

• introductions to key contacts with the community

• local mentor or support person from the local community

• networking opportunities

• check-ins with the artist and host to see whether goals have shifted

Fair expectation for reasonable adjustments once programs are underway and contracts have already been agreed upon include:

• adjustments and changes if the space is unsuitable, particularly in regard to access and WHS

• adjustments if the ‘proposed activity’ has changed – flexibility and understanding on the hosts part

• allowances for unforeseen circumstances such as postponement or cancellation

• discussion on what to do if the work is not finished at the completion of the residency or if the host does not acquire the work

Observance of workplace codes of conduct is particularly important for residencies and workshops conducted at institutions such as prisons, hospitals or schools. An artist in residence or workshop facilitator may be required to undergo a criminal record check and Working With Children Check and to sign a confidentiality agreement, for example, agreeing to keep all patient information confidential.

Artists should be briefed on security arrangements and any codes of conduct, workplace precautions or routines prior to commencing the residency. Artists in hospitals may find that there are legal and ethical restrictions placed on their interactions and the type of work they can exhibit. This may also apply to working in any context in which the artist comes into contact with children.

For more information on working in prisons, see Arts Law's Art in Prisons – Prisoners Have Rights Too! and Recognising Artists in Prison: A Review of the Law and Policy in Australia.

Actively adopting policies that place issues of access and diversity as essential to the development of programs and selection of recipients is critical. Hosts should be embedding these in organisational strategic planning and budgeting, and actively advocating. Gaining an understanding of the structural issues around inequity and the understanding of chronic conditions is critical. Hosts should seek advice from experts in regard to making their spaces and programs accessible. An open and ongoing conversation about access is important to the growth of the program and relationship to their residents

Hosts should work within their capacity to best facilitate physical and psychological access needs for residency and studio artists.

Hosts should:

• cover access costs and build access into budgets

• develop an access plan, where appropriate, for artists prior to arrival

• detail accessibility provisions of the space/program and make them available (small and not-for-profit organisations should clearly outline accessibility, or lack of accessibility, as part of their EOI)

• ask artists about accessibility requirements as part of the application process and then discuss requirements further, well before the residency commences 

• offer provisions for carers and/or support workers to attend

• facilitate site visits and detailed descriptions of the space or environment so that artists can gauge what their access needs might be

• mitigate issues such as lack of transport and distance to services

• include flexibility provisions in contracts for the artist not being able to physically attend or complete the expected level of work in the time given

• make introductions to the local community and assisting artists to feel more comfortable and connected to the local community 

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

It is expected that Australian arts and cultural organisations will be proactively working towards equity, access and inclusivity in their studio and residency programs, selection processes and organisational policies. With equitable and inclusive representation as the goal, eligibility criteria and selection processes should be made transparent and cultural and linguistic inclusivity should be prioritised. This may include prioritising collaborations with underrepresented demographics including regional artists, emerging artists, CaLD artists, women or LGBTQIA+ artists, First Nations artists, d/Deaf and/or Disabled artists. 

Cultural safety of the artist and their participants should be discussed when developing and running residency programs, particularly when engaging with institutions and schools. Cultural safety should be given the same respect and attention to detail as WHS and IP processes. 

Cultural safety requirements are determined by the artists and participating individuals, rather than host organisations. This requires an open conversation in the early stages of the relationship in which the artist can explain their needs and requirements, so the parties can work together to develop a culturally safe environment. 

If a residency is part of a school or organisation’s Reconciliation Action Plan, First Nations strategy, cultural learning framework or otherwise, the organisation should provide terms of reference and on-site support for the artist. Particular consideration must also be given to appropriation in work that is created during a residency.

Hosts should consider:

• providing further resources to underrepresented artists to increase access due to lack of financial and other support

• translating information for people who have English as a second language, including Auslan users

Community Engagement

Some residency programs are designed specifically for arts engagement with the local community. It is crucial that the artist has the experience and skills to approach this work in culturally safe and respectful ways. In the case of a socially engaged residency, the residency host will facilitate the preliminary discussions between the intended partner community and the artist. 

Where artists have access requirements to engage with the community, or will be engaging with community members who have access requirements, e.g. Auslan interpretation, these provisions should be discussed prior and the cost covered by the hosts.

When community engaged residencies engage with histories of site or local communities, Traditional Custodians must be consulted. It may also be appropriate to consider what community benefits the project can return to the community in recognition of their contributions. This may take the form of monetary or non-monetary benefits. It would be a good idea to discuss with the community what benefits they would like. The responsibility for introductions for the artist typically falls to the organisation host who should manage long term relationships with community. 

Another consideration that must be examined in advance of the delivery of the project is the possibility of shared IP between the artist and community, should there be a collaborative outcome. In addition, ownership of any cultural knowledge should remain with the community, and any use of that cultural knowledge should be only with the free, prior, informed consent of the Traditional Custodians.

For more information, see Community Engagement and First Nations.

Residency providers must make clear what expenses they will and will not cover, and artists must ensure that they are fully aware of the costs they will be required to cover.

Paid Residencies

Residencies which do offer a residency fee do so at varying levels. Most offer a flat fee which assists in covering costs such as living expenses and materials, or just materials dependent on what other living expenses are being provided in-kind by the host. If the host is publicly funded and requiring the artist to produce a new work, present an exhibition (non-selling), or facilitate workshops as an outcome of the residency, the artist should be paid an appropriate fee, with an additional access budget.

For more information, see Payment Standards. 

When residency fees are paid they should be paid as a lump sum upfront in order to purchase materials and equipment the artist may need. The contract or letter of agreement should outline how and when the artist will be paid.

Unpaid Residencies

Not all residencies provide financial assistance. This is dependent on the body offering the residencies and their funding situation. Where no artist fee is being offered, artists must weigh up the benefits of the residency to their career and ensure that they have the funds to meet expenses. 

This type of residency can be considered to be an exchange of in-kind support, the organiser is offering accommodation and facilities, while the artist is offering whatever the required outcome of the residency may be. It is important to ensure that the exchange of in-kind support is equal. Some organisers may not offer a residency fee, but do not require an outcome from the artist, essentially providing free short-term studio space.

It is good practice for publicly funded residencies to provide an artist fee. If the host is publicly funded and not offering a residency fee, it should not require a tangible outcome from the artist.

Charging for Space

Where an organiser is requesting that artists pay a fee, the organiser should not place any requirements on the artist to produce an outcome. This arrangement should be considered to be a studio for rent, not a residency. 

Some rented spaces include studios attached to living spaces for artists. These ‘residential’ or ‘live/work’ studios should also provide flexibility around artists’ objectives and outcomes.

Any income derived from a residency, whether in cash or in-kind, in the form of prize money, use of premises, subsidised accommodation, provision of materials, a salary or a grant, is assessable. Artists should negotiate employee versus independent contractor status with reference to the tax implications.

For more information on Tax, see Taxation.

In the instance that an artist partaking in a residency program has been deemed a worker, the organisation providing the remuneration is required to make superannuation contributions to a complying fund, regardless of how much the employee is paid. 

When an artist is not considered an employee and a residency organisation/institution is not required by law to make superannuation contributions it remains good practice for the employer to pay superannuation into the contractor’s chosen super fund. The organisation should budget for superannuation when negotiating a contractor’s fee, ensuring it is not inclusive of the artist fee.    

For more information, see Superannuation.

Insurance conditions differ across residencies and artists should be made aware of their insurance status. Public liability insurance should be covered by the host organisation or institution. 

The responsibility of insurance against theft, loss or damage to personal effects, including tools, materials and works is generally with the artist and should be outlined in the contract or agreement. The artist should be advised of this well in advance of undertaking the residency. The artist may be able to transfer an existing policy if security arrangements are similar. In order to do so, the artist should be informed of the security arrangements in the building – that is, the presence and type of alarms, deadlocks etc.

Artist residents who are employees under the terms of their residency must be covered by the host organisation’s workers’ compensation insurance.

For more information, see Insurance.

Organisations should fully brief artist residents on WHS issues relating to the residency or workshop, workplace or environment.

Artists should:

• be properly trained and inducted in the operation of machinery and equipment

• have access to protective clothing such as masks, ear muffs, goggles, gloves

• be made aware of the location of first aid stations, medical services, emergency exits, fire evacuation procedures and fire extinguishers

• be obliged to agree, under the terms of their contract or agreement, to proper observance of WHS issues, including the care and disposal of flammable or toxic chemicals or materials, blockage of passageways and exits with art, craft or design works or materials, and a duty to comply with safety procedures

Agreements should stipulate compliance with the observance of WHS principles.

For more information, see Workplace Health and Safety.

It is good practice for the artist to retain copyright and ownership of all works produced during the term of a residency. Some residencies reserve the right under the terms of the contract to document the creation of the art, craft or design work for archival purposes. If this is the case, the contract should state that documentation is not to be used for anything other than archival purposes, except with the written consent of the resident.

However, artists may be treated as employees during a residency, especially at a school or institution, which will have some bearing on copyright. This should be specified in the residency contract or written agreement.

Any documentation of works produced during the residency should only be done with the permission of the artist. A specific clause relating to ownership and copyright should be included in any contract or agreement.

For more information, see Intellectual Property.

Artists undertaking residencies should document the development process over time, not just the end product. Photos of studio work and even meetings can be helpful in telling the story of the research, project or collaboration. 

It is also important the residency facilitators check-in with artists during residencies or provide appropriate contacts in case issues arise. After the residency, circulation of documentation and follow up evaluation and reflection meetings can be useful. 

It is important for both resident artists and organisational hosts to have the opportunity to provide feedback on, and learn from the residency experience. Studio artists can also provide exit interviews. Documentation, participation in evaluation meetings, follow up reports and other required outcomes such as donation of an artwork should be included in the contract.  

Organisations should consider arranging the following documentation and evaluation strategies as part of a residency:

• feedback survey of host, artist and local community

• exit interview

• evaluation of what worked and what didn’t

• collection of anecdotal evidence

• model release forms for photography

• exhibition or hosting of work with the artist on their acquittal

• documentation of disputes and timely responses to them