Detailed Discussion

Artists wishing to exhibit and sell their works can find a range of spaces available for hire through organisations including government-run spaces, not-for-profit and publicly funded galleries, artist-run initiatives (ARIs), private spaces (including commercial tenancies such as those at shopping centres), pop-up galleries, empty shops, commercial galleries and craft and design outlets. 

Industry Standards

While generally artists are charged a fee for hire, depending on an organisation’s funding and structure, spaces may be offered for free, or have costs partially supported. An organisation may also take a commission on work sold. Some spaces offer day, or week-long hire rates while others have longer exhibition periods. Some spaces offer a discounted hire rate to their volunteer network. Spaces may also facilitate or support public programming such as talks and workshops. 

Some of the models used by spaces include the following:

• Callout and application processes: Some galleries plan years in advance and may have an annual call out for proposals to hire a space for exhibition; while smaller spaces may accept applications more regularly. Submitted proposals will be assessed on particular strategic goals or other criteria, communicated at the time of application. Submission processes tend to be more complex for higher-profile or better-subsidised spaces.

• Direct hire: Direct hire processes do not require an exhibition proposal, simply an agreement on hiring terms and the payment of a deposit.

• Group hire: A group of artists, either with or without a curator, may hire a space together. Sharing costs and responsibilities amongst a group can assist in providing access to otherwise inaccessible spaces. 

Key Issues

There are vast differences in cost, levels of support and transparency in space-hire arrangements. There can be a lack of clarity around the responsibilities of the artist/s and the responsibilities of the organisation.

It is good practice to acknowledge First Nations Country in physical spaces and online, and to give consideration to arranging a Welcome to Country at each event. Responsibility for these arrangements and costs should be outlined in the agreement.

For more information on engaging and collaborating with First Nations communities 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), consumer protection, intellectual property (see Intellectual Property), Indigenous Cultural Intellectual Property (see First Nations), accessibility (see Access Rights for d/Deaf and Disabled People) and responsible service of alcohol apply in this area.

Galleries and exhibition spaces offer different levels of service to hirers depending on levels of resourcing and commitment to artists. Volunteer-run or low-funded spaces may offer fewer services, while those with support and adequate funding are equipped to provide more comprehensive services. 

Information and Application

Where spaces use an application process, it is good practice to ensure the process is equitable, see Equitable Application Processes. 

Organisations have a responsibility to provide transparent information on:

• services provided

• responsibilities of the hirer 

• fees 

• floor plans

• a hire agreement template, to be negotiated and completed once the hire is confirmed

• policies on representation, diversity and inclusion

Galleries and exhibition spaces have a responsibility to provide:

• a space in a condition suitable for exhibition

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

• safety provisions related to the space

• advertising on a prominent platform to a wide audience – full details will be covered in the agreement

Artists have a responsibility to:

• transport the work to and from the space

• price their work

• provide good quality images and text for advertising, free of charge

• advertise to their contacts

• arrange public liability insurance, even in instances where this is not required by the gallery, to ensure artwork is covered during the installation and exhibition process

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

Where a gallery or exhibition space is not providing services beyond the basics, artists may also need to:

• put in place a sales process

• arrange and cover opening night costs and staffing

• be in attendance for part or all of the exhibition’s duration

• install work (including providing installation equipment, supplies, plinths and additional lighting) in a safe and accessible manner

• provide collateral such as room sheets, labels, flyers or postcards in accessible formats and undertake exhibition documentation

• provide support for or delivery of public program events

• pay a bond or deposit

It is good practice for an organisation to have a standard hire agreement available (preferably online) that artists can view or receive in alternative formats, see Equitable Application Processes.

It should clearly set out all terms and conditions, including:

• all fees payable  

• responsibility for sales processes, including full details and period of any sales/consignment arrangements; good practice inclusions can be found in Arts Law’s Consignment for Sale Agreement template

• period of hire

• promotion, including arrangements for imagery and advertising channels (for example, email out to mailing list, inclusion on the website, listing on external websites, listings in publications, social media coverage)

• responsibility for opening night – including hospitality and hire costs, security, Acknowledgement and Welcome to Country arrangements and procedures on the service of alcohol

• gallery sitting/minding – some spaces require the hirer to maintain a presence at the space during its opening hours, while others have onsite staff

• installation equipment/supplies and lighting – such as hanging equipment and plinths

• installation of work – some spaces will provide an installer to work with the artist to install; all parties need to be clear on how an artist wants work installed

• responsibility for accessible collateral material, such as room sheet, labelling, flyers or postcards and exhibition documentation

• arrangements for any public program events

• arrangements for any condition report, deposit or bond payments 

• cancellation and termination clauses

• insurance arrangements

• exhibition guidelines

• responsibilities of each party related to damages, tidiness, or rubbish removal

A standard Venue Hire Agreement is available for purchase from Arts Law.

It is the responsibility of the gallery or exhibition space to ensure their application processes, website, social media, communications and building are accessible, and to clearly communicate about the accessibility of their venue. Generally, it is the artist's responsibility to consider, communicate and plan for the accessibility of the work and, where possible, ensure the work is accessible (e.g. video work has captions, audio descriptions are available).

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

Industry Rates

Hiring rates in the industry are set by gallery and exhibition spaces and can vary from $250 per week to $2,500 per week depending on the nature of, and demand for, the space. A deposit, and/or bond is often needed to secure the space for hire. 

Subsidies

Publicly funded spaces will often offer subsidised hire rates. Local government-funded spaces may only offer subsidies to those who live or work in their local area. It is recommended that hire fees reflect the level of service provided – spaces charging high rates should provide a high level of professional service, including d/Deaf and Disabled access, particularly if they benefit from public funding or are privately owned.

Commissions and Consignments

Gallery and exhibition spaces may charge a fee on exhibition sales. This rate can vary from 10% to 30% depending on the other terms of the arrangement such as the gallery hire fee and the level of service the gallery is providing. It is not good practice for the gallery or exhibition space to take a commission fee after the exhibition or sale period ends, and the sale period and conditions should be clearly outlined in a written agreement. Where hire fees are in place, it is good practice for galleries and exhibition spaces to lower commission rates or not take a commission. Where a hire fee is nominal, a small commission rate on sales is to be expected.

For more information on commission and consignment rates, see Publicly Funded Galleries Selling Work.  

Artist Fees

There is no expectation that a gallery or exhibition space for hire will pay artist fees. For alternate models where an artist fee would be paid, see Exhibiting and Payment Standards. 

It is recommended that artists obtain professional advice on goods and services tax (GST), registering an Australian Business Number (ABN) and taxation obligations around the sale of work; and understand how a gallery may act as their agent.

For more information, see Taxation. 

Responsibility for insurance, including public liability insurance and insurance against damage or loss, should be clearly outlined in the agreement. 

It is recommended that artists ensure they have appropriate insurance in place to cover transport, and consider registering works on Personal Property Securities Register when selling through gallery outlets, see Publicly Funded Galleries Selling Work.

For more information, see Insurance.

If images of works are used to promote their sale through a gallery, no licensing fee is paid to the artist by the gallery or exhibition space.

For more information, see Intellectual Property. 

Artists and online sellers must ensure that Indigenous Cultural and Intellectual Property principles are upheld. Gallery spaces may work with First Nations artists, Art Centres or artists collectives. To ensure engagement follows ICIP principles see First Nations for more information.

Where a dispute arises, a number of avenues exist for resolution. These include: Arts Law mediation, fair trading bodies and the Small Claims Tribunal.

For more information, see Grievances and Dispute Resolution.