Information for commercial Indigenous art dealers
The Code represents the commitment of individuals and organisations across the Indigenous visual arts industry to build strong, ethical Indigenous visual arts commerce and put an end to exploitative practices which take advantage of artists and negatively affect their communities.
Code members will be recognised as dealers, galleries and art centres that are committed to the objectives of the Code and to the highest standards of ethical and respectful business dealings with Indigenous artists.
As the Code is implemented, artists will be informed and encouraged to work with Code signatories and report any behaviour that is not code compliant. Consumers will be encouraged to purchase from Code signatories with the confidence that the artworks they buy have come through an ethical process which respects Indigenous artists.
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What will be my obligations as a Code signatory?
Full obligations are contained in the Indigenous Art Code Limited Constitution and the Indigenous Australian Art Commercial Code of Conduct. Briefly, Code signatories are required to:
- Act respectfully, conscionably and professionally in dealings with artists. The Code contains specific examples of unprofessional conduct including exploitative, bullying and illegal practices.
- Ensure that the artist clearly understands the terms on offer and provide a written artwork proposal to the artist which outlines these terms before an agreement is reached (this is referred to as an artwork proposal).
- Respect the cooling off period (at least 14 days) rights of the artist.
- Be transparent and responsive in regard to payments.
- Ensure truthful representation on the authenticity and provenance of the work.
- Supply a Code certificate for any work that is purchased directly from the artist.
- Respect Indigenous cultural practices and artist's rights.
- Take proper care of artworks in their possession.
- Provide reports to the artists on progress with sales and other details regarding their work.
- Adhere to compliance and complaint handling procedures.
What support will I receive?
The Company is developing model agreements, guides and a range of promotional materials to assist you in meeting your obligations and identify you as a Company member and Code signatory.
What will happen if a complaint is made against me?
All complaints against a Code signatory will be investigated according to Indigenous Art Code Limited’s company constitution. Should a serious breach of the Code or the Company rules be proven, the Board has the power to suspend or expel Company members and make this action public.
