Selling

Publicly Funded Galleries Selling Work

Summary of Good Practice Recommendations

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 in the areas of tax (see Taxation) insurance (see Insurance), copyright (see Intellectual Property) consumer law and workplace health and safety (see Workplace Health and Safety)

  • consider, communicate, plan and, where feasible, ensure accessibility (see Access Rights for d/Deaf and Disabled People) and equity (see Racial Equity and Representation) in online and physical spaces 

  • ensure a written agreement or contract of sale is in place outlining each party's responsibilities

  • provide prompt payment to practitioners

  • cover insurance for the works upon delivery

  • provide transparent and accessible information on their standard terms, including services, fees and standard agreements for practitioners and retail sales

  • keep up-to-date records of transactions

Artists have a responsibility to:

Agreements should outline: 

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

  • negotiated recommended retail price and GST arrangements

  • payment amounts and responsibilities of each party

  • display arrangements and practitioner access

  • conditions of resale and Resale Royalty implications, see Resale Royalty

  • for consignment agreements, dates of the agreed retail sales period, practitioner payment terms, processes for termination, arrangements for disputes and return of unsold work, and a template for the retail sale of artwork agreement