Summary of Good Practice Recommendations

Commercial galleries have a responsibility to:

• uphold the principles of Indigenous Cultural and Intellectual Property (see First Nations) and the Indigenous Art Code

• meet legal obligations relating to consumer protection, copyright (see Intellectual Property), workplace health and safety (see Workplace Health and Safety) and resale royalties (see Resale Royalty)

• protect artists’ interests, legal rights and intellectual property, see Intellectual Property

• implement transparent financial arrangements

• keep detailed records of all transactions

• obtain artist approval for promotional activities

• exercise due diligence with handling, storing, repairing and displaying artworks

• obtain and maintain public liability insurance and any relevant insurances for loss or damage to artworks

• consider, communicate, plan and, where feasible, ensure accessibility of physical spaces, online spaces and events, see Access Rights for d/Deaf and Disabled People

Artists have a responsibility to:

• provide original artworks

• deliver and install artworks as agreed

• refer all sales enquiries to the gallery if required under the agreement

• consider, communicate, plan and, where possible, ensure accessibility of the work, see Access Rights for d/Deaf and Disabled People

• register for the Personal Property Security Scheme

Agreements with artists should:

• be in writing and be discussed and negotiated in good time before signing

• be transparent and accessible (preferably digital)

• detail parties to the agreement

• detail responsibilities of each party

• detail if representation is full or limited, and any variation arrangements

• detail the territory and period of representation

• detail pricing of artworks

• detail gallery commission and payment for artworks, see Payment Standards

• detail moral rights of the artist, see Intellectual Property

• detail policy for donated artworks

• detail responsibility for exhibition costs

• detail insurance arrangements, see Insurance

• detail review, dispute and termination processes, see Grievance and Dispute Resolution