Selling
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:
meet legal obligations in the areas of taxation (see Taxation), insurance (see Insurance) and copyright (see Intellectual Property)
negotiate gallery sales arrangements with their existing agents or representatives
arrange transportation to the gallery
cover insurance during transportation
register their works on the Personal Properties Securities Register
register their works for the Resale Royalty Scheme
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