Viscopy

Joanne Brown
Manager Indigenous Programs
Viscopy Ltd

Please find attached our submission.

Re: Australian Indigenous Art Commercial Code of Conduct

Viscopy’s welcomes the Federal Governments initiative in a code to regulate the conduct of participants in the Indigenous arts industry to ensure:

1. Fair and ethical trade with Indigenous artists
2. Transparency with the promotion and sale of artwork
3. A fair and equitable dispute resolution system for disputes arising under this code

Viscopy Ltd is the only dedicated visual artists’ copyright agency in the Australia. Our membership is over 7000 visual artist’s members nationally and over 200,000 artists internationally for the Australian territory. Currently, Viscopy represents over 3500 Indigenous visual artist’s members.

Copyright collecting agencies and societies such as Viscopy provide the most efficient and effective way for visual artists and rights owners to administer their copyrights on a national and international basis. Through reciprocal agreements, these agencies and societies agree to administer each other's repertoire in their respective territories for specific or non-specific rights. The agencies are traditionally non-profit, non-government, and directed by their members.

Viscopy represents its artist members for the full range of rights, reproduction, publication and communication, thereby providing copyright users with authorised access to thousands of artistic works for commercial, non-commercial and educational purposes.

Viscopy can license specific artistic works, or works for specific uses - clients range from individuals and small business to multinational organisations and all levels of government. In all cases, the fee charged to the client for the reproduction is returned to the artist or copyright holder less Viscopy’s administration fee.

Copyrite! Viscopy’s Indigenous Visual Artist Education Program “Respecting and protecting Indigenous art and culture through education and understanding” conducts workshops within remote, regional and metropolitan Indigenous communities.

The workshops are conducted in a non-legal practical manner and are designed for Indigenous artists and community members to obtain a greater understanding about Copyright and other issues that affect Indigenous artists.

Copyrite! Viscopy’s Indigenous Visual Artist Education Program:

• Provides advice to Indigenous artists and communities regarding Copyright, Moral Rights, Resale Royalty Rights and Tips for good arts business
• Explains to artists’ how to protect and how to best utilise their artwork to avoid exploitation
• Advise to artists in regards to licensing matters
• Assist artists and communities to resolve issues in regard to their day to day business and copyright concerns
• Refer infringements
• Educate artists in regards to the importance of Wills
• Advocate for the better protection of Indigenous artists
• Co-facilitates workshops with Arts Law Centre of Australia “Artists in the Black” and Footsteps Enterprises.

I have had the opportunity to receive a copy of a draft submission to the Australian Indigenous Art Commercial Code of Conduct prepared by Arts Law Centre of Australia and commend them on their in depth, experienced and informed response to proposed “Code”.

“The exploitation of vulnerable Indigenous artists by unethical dealers and galleries is rife and widespread we do not believe that those dealers and galleries are likely to sign up on a voluntary basis and their conduct is unlikely to be constrained in anyway by a voluntary code”.

Our agencies work hand in hand and have to deal with Indigenous artists who have been ripped off and whom are made to sign documents in which they may not necessarily understand. The experience within Viscopy is namely to do with the waiving of Copyright but there are many other stories (issues) we have to deal in regards to unethical dealings. This is quiet prevalent in many remote Indigenous communities, particularly within the Northern Territory where dealers are approaching artists directly namely where art centres are not established.

I fully endorse and support the general concerns raised by the Arts Law Centre of Australia regarding to the Australian Indigenous Art Commercial Code of Conduct and their opinions and recommendations on specific provisions of the Code.

Thank you for inviting us to participate in the Indigenous Australian Art Commercial Code of Conduct – Industry Alliance Group meetings.

If you would like to discuss in more detail please do not hesitate to give me a call.

Kind regards,

Joanne Brown
Manager Indigenous Programs
Viscopy Ltd