Sally Clifford

20 March 2009

Sally Clifford
Director
Warlayirti Artists Aboriginal Corporation

In general the code seems to outline the good practice which has been carried out by several dealers, galleries already to date, there's nothing outrageous ask here. However in detailing each aspect of the making-presenting- selling- on selling process some dodgy areas have been made more clear.

A few comments:

3 Definitions: In the Art Centre section, I think it would be good to add that the Art Centre is both the artists agent AND the artists representative- having the authority to speak and act on behalf of the artist or the artists family.

Part 2 Professional Conduct Division 2.1 Dealings with artists 5 Not Engage in Unconscionable conduct (2) (j) Remuneration for artists needs to be in legal tender and that's it. It is constant common practice for unethcal dealers, especially in the central desart to pay artists and artists family members in used Toyota's or paintings, $ 5000 old Troopecarrier for a $ 15 000 painting which they will resell for $ 20 000. It's got to be just cash.

Part 2 Division 2.2 Agreements with artists Part 6 (4) (a) typo- provide the artist with a copy of the Code when they PROVIDE ( not prove) the artist... Same section... I think it would be valuable to have summaries of the code translated into about 10 of the key languages where there are communities with limited opportunities for good quality translation services. It would be good for the code to be in a form which can be strong long after the good CEO or art centre manager moves on. If one of the weaknesses of the Code is - enforcement- then one of the best ways to strengthen it is to have the artists as the strongest advocates, they need to be as empowered as possible. My suggestions from over our way would be: kukutja, walmajarri, warlpiri, pintubi, luritja, pitjantjara. - There isn't anything in the code which mentions Consignment of artworks from Art Centres or artists or dealers. All Art Centres and their dealers/ galleries have varying arrangements about how they manage consignments, however I think it would be useful to include a clause which talks about- return of unsold consignments after exhibitions or after an agreed period if work is being bought for a gallery/dealers stock. The good practice needs to be along the lines of.. In the case of an exhibition...a gallery contacts an artist/ art centre within 2 weeks of an exhibition and updates them on sales to date and arranges/ negotiates to either retain work for a period of time or return the work to an Art Centre for them to try and sell. What can happen is that galleries keep work for up 2-3 years and unless an art centre is constantly following that up this is stock which hasn't been paid yet, yet which hasn't sold in the gallery. Gallery's obviously like to keep stock to have available to show clients, but this arrangement can become quite loose and work can 'disappear' . Greater communication and documentation between galleries and art centres is required to reassure artists that their works are having the greatect chance of selling.

Part 2 Division 2.2 Agreements with artists Part 10 Payment to Artists (2) Just a comment- this is particularly important- it is quite common knowledge that some dealers sell a painting, receive the money quite soon fron the buyer but don't tell the art centre they have sold the work for up to 6- 8 weeks, so they can use the cash flow in their business to then generate the next sales, at which point the first sale is then paid to the artist. The artists/ Art Centre's aren't responsible for the dealers business or cash flow. It would be a great thing if all work sold could be paid withn a 30 day period. Signage/ promotion It would be great in promoting the code if there was a tasteful and beautiful poster and or sticker series which would accompany a copy of the code which we can promote through the remore area art centres, shop, local office etc.

Many thanks.