Patricia Adjei is the Indigenous Solicitor at Arts Law.
The NAVA Indigenous Art Commercial Code of Conduct (Code) will be a guide for the Indigenous art industry in its commercial practice and covers industry issues on the production and sale of Indigenous artwork.
The Code is intended provide a national set of standards on the Indigenous arts industry for those with a commercial interest. The Code is designed to address the unethical practices that occur in the Indigenous arts industry and suggests procedures and practices that may overcome some of these problems. It places an emphasis on making sure that Indigenous artists are treated ethically and fairly by art centres and other organisations that wish to deal with Indigenous artists.
The Code discusses many issues including an artist’s intellectual property and appropriate protocol for artists, art centres and art gallery owners when dealing with an artist’s copyright. It aims to promote ethical trade practices within the Indigenous art industry and to strengthen practices for fair economic return to Indigenous artists.
NAVA circulated a draft form of the Code and called for comments on it. Arts Law a comprehensive set of comments to NAVA in response. Particularly Arts Law pointed out that the Code should refer to a number of Arts Law resources which would be beneficial for Indigenous artists and those dealing with Indigenous artists to be aware of, and the educational seminars that Arts Law provides to Indigenous artists on copyright, moral rights, trade marks and other legal matters. The Code should also refer to the Artists in the Black service as an avenue for Indigenous artists to obtain free legal advice services.
Arts Law had concerns that the draft Code was quite lengthy which may deter some artists and art centre managers. We suggested that the Code be drafted so that it is accessible to everyone in the arts industry from politicians to Indigenous artists. For example, if an Indigenous artist in a community speaks English as their second language, then it will be very difficult for them to read and understand the Code. Arts Law is supportive of any changes that will make the Code more user friendly.
Arts Law has discussed our comments with NAVA and eagerly awaits the next stage of the Code’s development.
Useful links
- http://www.visualarts.net.au/" target="_blank"}>NAVA