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The Code of Practice for Artists and Dealers
The following is an excerpt from The Code of Practice for Artists & Dealers, which is a guide for artists and dealers to establish the best practice 'Agreement of representation'. The Code of Practice guidebook takes international models and adapts them to apply to Aotearoa/New Zealand. Contents include; Copyright, Contracts, Artist's obligations, Exhibitions, Artwork sales and management, Exterior exhibition and funding
The Code of Practice for Artists and Dealers in Aotearoa/New Zealand was commissioned by Artists Alliance and researched and written by Karl Chitham. The content has been produced in consultation with the Contemporary Fine Art Dealers Association (CFADA).
Available for purchase from the Artists Alliance Shop Front Page
The artist needs to be made aware of the following responsibilities:
*The artist should not compromise their contractual agreement by attempting to establish independent business relationships with parties outside the pre-existing arrangement.
*The artist should respect the dealer/artist relationship by not disclosing client lists or information of this kind to other parties.
*Where a dealer has established an international contact or included work in an art-fair the artist should acknowledge this by following up any subsequent discussions/negotiations when required in a professional manner.
*Where a dealer has assisted in establishing access to international markets, the artist should acknowledge this through a percentage fee of any sales generated in relation to contractual obligations.
*The artist should acknowledge the support and goodwill of their dealer through credits when exhibiting in other venues (except when the exhibition is in another region where the artist has other contractual agreements with other galleries).
*Where the artist has been invited to exhibit work in an exhibition outside their dealer gallery, it is the artist's responsibility to inform and discuss this with the dealer.
*The artist should supply a dealer with comprehensive biographical and contact information to allow the dealer to represent the artist to their utmost.
*The artist needs to fulfil the agreed exhibition obligations:
a) Providing the agreed upon quantity and quality of work by the agreed upon date prior to the exhibition.
b) Supplying a list of invitees for opening events, including previews and industry nights.
c) Collecting the work following the exhibition (unless other arrangements have been made).
d) The artist should respect the health and safety responsibilities of the gallery.
e) The artist should attend all exhibition previews where possible.
Approaching a dealer
Before an artist approaches a dealer to consider them for representation they need to consider some of the following:
*Who their target audience is prior to considering galleries for representation.
*A wide variety of galleries in order to gauge whether the gallery exhibits:
a) a relevant range of work in style and media.
b) to the required target audience.
c) work by artists of a similar calibre.
d) the work in a professional manner.
e) a suitable space and décor.
*Impressions of the staff and their interaction with visitors to the gallery.
*When making initial contact regarding representation it is expected that the artist will make an appointment and be professional and informed.
*When attending an initial meeting with a prospective dealer, it is expected that the artist will have examples of work and past exhibition history, and be prepared to take advice.
*Prospective dealers are not obligated to offer representation at an initial meeting. It is expected that an artist would be courteous and professional should this occur.
*If a dealer offers an artist a probational exhibition or limited representation, it is the artist's obligation to clarify and understand the parameters of the agreement.
(Refer to the section on ‘Contracts' - see page 12).
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