Detailed Discussion

Most mainstream art fairs select participants based on a mix of applications and invitations, with the former judged on selection criteria by a panel and the latter selected internally based on curatorial considerations.

Art fairs may also commission works such as installations or videos to be exhibited at the art fair through an internal selection process, see Commissioning New Work (Non-Acquisition). These can be great career advancement and acquisitive opportunities. 

Models

Art fairs in Australia can generally be categorised as:

• Global chains (such as Affordable Art Fair and The Other Art Fair)

• City-specific fairs (such as Melbourne Art Fair and Sydney Contemporary)

• Indigenous art fairs (such as Cairns Indigenous Art Fair and Darwin Aboriginal Art Fair)

Organising bodies for art fairs may be not-for-profit, foundations, institutions or multinational companies. Corporate sponsors, government support and private philanthropy also play a big role in funding art fairs. 

Indigenous art fairs dedicate a large majority (up to 100%) of sales back to support participating Art Centres and artists, with a stronger focus on creating professional development and capacity-building opportunities compared to other models.

For more information, see Working with First Nations Art Centres.

Key Issues

A key barrier to participation in art fairs is the stall fees and upfront costs, including travel and staffing. Art fair participation does not guarantee sales and high costs often mean artists, galleries and arts centres wonder if art fairs are ‘worth it’ in terms of time, energy and money.  

Further to this, some mainstream art fair models pose eligibility barriers for First Nations Art Centres as participation is often limited to commercial galleries. Some work is already being done to change this, for example, the Melbourne Art Fair 2022's Indigenous Art Centre Program.

Another key issue lies in the transparency of the selection and application process. Judges who are involved in the selection panel are often undisclosed and explanations and feedback are not offered when an application is unsuccessful.

It is good practice to acknowledge First Nations Country in physical spaces and online, and facilitate a Welcome to Country at the event. Organisers and stallholders must ensure that Indigenous Cultural and Intellectual Property (ICIP) principles are upheld for any use or adaptation of Indigenous cultural heritage.

It is also good practice for sellers of work by First Nations artists to be members of the Indigenous Art Code and comply with its standards.

For more information, see First Nations.

Legal obligations that apply in this area include Australian Consumer Law (ACL) which prohibits businesses from engaging in false, misleading or deceptive conduct, unconscionable conduct and from using unfair contract terms in consumer contracts. ACL also provides consumer guarantees in contracts for the supply of goods and services, guidance is available from the Australian Consumer and Competition Commission (ACCC).

The Copyright Act 1968 (Cth) which regulates copyright in Australia in relation to original literary, dramatic, musical and artistic works (see Intellectual Property) also applies.

Workplace health and safety law (see Workplace Health and Safety) and accessibility obligations (see Access Rights for d/Deaf and Disabled People) also apply in this space.

Programming

Art fairs have a responsibility to ensure equity and transparency in their application and selection processes. Where possible, it is good practice to disclose the identity of the selection panel publicly. It is also good practice to provide feedback to unsuccessful applicants wherever possible.

It is recommended that art fairs provide accessible information to applicants detailing fees, payment schedule, application criteria, selection panel and responsibilities of both parties. It is good practice to provide applicants with the stallholders’ handbook.

It is recommended that art fair programming take networking and professional development opportunities for stallholders and exhibiting artists into consideration, by providing events and platforms. 

For more information, see Equitable Application Processes. 

Event

Art fair organisers have a responsibility to provide:

• a secure and safe space, including addressing cultural safety provisions, for the audience and exhibitors, see Workplace Health and Safety

• Acknowledgement of Country and/or a Welcome to Country in physical spaces and online

• accessibility provisions related to the space, and application processes, see Access Rights for d/Deaf and Disabled People

• freight and installation procedures and timeframes

• travel or hosting support (specifically for Indigenous art fairs)

• basic stalls in which to display artworks (including vertical walls with adequate lighting, notification of material and compatible fixtures)

• furniture such as tables, chairs and plinths upon request and/or for an additional cost

• a clear agreement outlining the responsibilities of both parties

• staff support for stallholders

• publicity and marketing (including online, social media and print material)

• fair programming which showcases a variety of stallholders/artists and advances development opportunities

Some art fairs may also provide:

• subsidies to participate in the fair as a stallholder or as part of art fair programming 

• online viewing rooms and/or online marketplace

• IT support and wifi

• documentation via photography

• a shipping and wrapping station

• a central point of sale system which handles all artwork transactions during the art fair

• insurance for artworks, which may be at an extra cost to stallholders, see Insurance

Stallholders have the responsibility to: 

• complete applications as accurately as possible and ensure all participation criteria are met

• negotiate arrangements with the artists represented, see Commercial Galleries and Representation

• pay stall and associated fees in a timely manner

• respect cancellation policy and penalties 

• set up a physical stall according to art fair guidelines

• address and communicate safety and accessibility requirements of artworks

• manage and supervise the stall during art fair hours

• handle artwork sales

• manage the packing and shipping of artworks

• provide publicity and marketing materials as requested (such as images and artwork text)

Some stallholders may also need to create a detailed mock-up of the stall and insure artworks for loss or damage for fair duration, as requested. 

In the case of online art fairs, stallholders are responsible for:

• the packing and shipping of artworks

• updating the online profile including inventory, prices, images and status of works (such as sold/unsold, shipped and delivered)

Art fair organisers and stallholders should have a rental agreement clearly outlining:

• terms and conditions, according to a standard, transparent and accessible (preferably digital) template

• responsibilities of both parties

• occupation of space 

• conditions of sale

• cancellation fees and timeline 

• liability and insurance 

• agreement termination 

• IP rights and copyright provisions, see Intellectual Property

• ICIP provisions, see First Nations

• dispute and grievances procedures, see Grievances and Dispute Resolution

• travel provisions (if relevant)

The agreement should be accompanied by a stallholders’ handbook including: 

• application process, see Equitable Application Processes

• eligibility and stall criteria

• stall fees, associated costs and timeline of payment 

• stallholder package (stall map, fixtures, PR support, tickets, staff passes)

• key dates (including notification period and installation/de-installation at art fair)

• expectations for additional art fair programming or participation and associated fees

• online marketplace or viewing rooms (if applicable)

• list of art fair contacts

It is the responsibility of the art fair organisers to ensure the application processes, website, social media, communications, building and building navigation are accessible, and to communicate clearly about the accessibility of the venue. Generally, it is the artist responsibility to consider, communicate and plan for the accessibility of the work and, where possible, ensure the work is accessible (for example, video work has captions, audio descriptions are available), however the stallholder will take responsibility for providing accessible labelling and artwork information.

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

While art fairs promote the event and curate public programming to promote visits and networking, the sale of artworks is stallholders’ responsibility.

Stall Fees

Art fair stall fees differ depending on the art fair brand, venue costs, prominence, PR and programming. They can range from $2,000 to $80,000 or more. 

Within a fair, stall fees can differ based primarily on stall size and location. Additional charges may apply outside of the standard stall fee, including furnishings for the stall (for example, tables, chairs, plinths, additional lighting) and insurance. 

Low entry fees can allow greater access to participate in art fairs. Aside from the main stalls, art fairs can also have special curated sections selected via invitation or EOI. These stalls often have a lower fee to support emerging galleries, art centres or artists. 

Commissions

With low entry fees (below around $5,000), art fairs can charge a commission percentage ranging from 10% to 20% during the fair. This is not common among First Nations art fairs. It is not good practice for the commission period to extend for longer than one month after the fair.

Commissioned sales during the fair usually go through a centralised point of sale.

For more information, see Commercial Galleries and Representation.

If commissions are charged after the fair, an online marketplace for stallholders can be set up to facilitate further sales through the centralised system, see Selling Online.

Additional Artist Contributions

Additional programming can include talks, workshops and demonstrations involving exhibiting artists. Artists may also be invited to provide site-specific work as an alternative point of engagement for visitors to the art fair. Participation in these events is through invitation, and sometimes an EOI process. It is good practice to pay a fair rate for all artist contributions.