If businesses want to reproduce the artwork of an artist from an art centre, there is some basic information you can share with them to help them understand the process.

Below is information you can email to businesses to ensure artist rights are protected and that they are paid fairly.

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Information to share with businesses who want to work with art centres and artists

The art and design of Aboriginal and Torres Strait Islander people both maintains and shares culture and is a means of economic independence. Products that incorporate Aboriginal and Torres Strait Islander art and design generate income and other benefits for the artists, their art centres, families and communities, as well as for manufacturers and retailers of these products.

The below art centre is interested in working with businesses that reproduce our artwork on products in an ethical and transparent way and support our artists. This is consistent with the principles of the Indigenous Art Code and the Australia Council’s Protocols For Using First Nations Cultural And Intellectual Property In The Arts.

The basics

If you want to use one of our artist’s artworks on a product, you will need to enter a written copyright licence with us, or our copyright collecting society, on behalf of that artist.

These are the details that we expect to see in every licence agreement:

• The proposed use – we don’t grant licences for all purposes. You will need to specify the product type/s and volume/s you want to make.
• A specific timeframe – we don’t grant licences to use artwork in perpetuity (infinite amount of time).
• Payment of a royalty – usually by reference to the wholesale or retail price and the amount of product manufactured or sold (although we do consider licences for promotional merchandise or ‘giveaways’ and a different royalty will be agreed).
• Royalty reports at least every 6 months and, unless the amount due is less than $100, royalty payments on a monthly basis.
• No cropping or changes to the colours/appearance of the artwork without the artist’s approval.
• Prototypes or samples must be provided to us for artist approval before full-scale production commences.
• Packaging and/or labelling needs to credit the artist and their community and acknowledge the cultural value of the artwork – usually by giving details of the artwork story.
• Mock-ups of packaging and labelling must be provided for the artist’s approval.
• No blanket consent to the infringement of moral rights – see the Arts Law website for more information about moral rights.
• Free samples for the artist.

Next steps

If these terms are acceptable to your business, then we are very interested in hearing from you to discuss your project. Please email the art centre with the following details:

• Your contact details
• The artist or artwork you are interested in – if you know
• The type/s of product you want to make
• Details about your business – who you are and what you do – particularly information about other products you make and any other Aboriginal and/or Torres Strait Islander artists with whom you have worked
• The proposed royalty you can pay

Please be aware that working ethically with Aboriginal and Torres Strait Islanders involves allowing adequate time for the necessary cultural approvals: artists do not generally work with an art centre within standard business hours and may be unavailable for periods of time due to family or cultural commitments, or may require translation services to confirm details of a written agreement. Fast turnarounds are therefore not generally practical or possible, and this should be factored into any project from the outset.

Should we decide to collaborate, we will work with you to set appropriate timelines to ensure that the partnership is a success.