The Journal of Australian Ceramics Vol 48 No 3 November 2009

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Technical: Selling Ceram ics
Marriage is a contract too ...
Whilst half of the surveyed artists did not have written agreements with their gallery, all had strong
verbal agreements and knew the terms of their agreements. All gallery members of ACGA are advised
by the Code of Practice to provide contracts for their artists to sign. If your gallery is not a member of
ACGA, the NAVA and ACGA guidelines strongly recommend artists insist on written contracts for all
sales arrangements. The Arts Law Centre of Australia provides standard contracts that can be adapted
as required', but "If you decide not to use a formal contract you should at least note any agreements
you come to and get the other party to confirm them. "2
Before you sign the contract take a good look at The Commercial Galleries Code of Practice) It is the
perfect place to identify where things can go wrong. It has detailed information that enables the newer
artist to get a grasp on acceptable best practice.
A common area of contention for ceramic artists is the practice of commercial galleries to define a
territory of representation. This means that within that territory (often a state boundary, sometimes
national) they are the exclusive agent of your work. I have heard of galleries who offer staged
agreements to compensate for ceramic artists who often have a range of prices and sell in a number
of different venues, but this is rare. (For instance, one gallery I know says any sale under $400 will go
under their radar.) Artists can oft en still show elsewhere within the agreed territory. but they must split
the commission. The issue of exclusivity is the most problematic for ceramic artists who, in most cases.
will never have the earning power of a painter or other more established art form. It is the one clause
that ceramic artists will justifiably question and yet the irony is that their prices won't have a chance of
increasing unless they have full representation.
Other issues to clarify are responsibility for return of unsold work (ACGA states it is the gallery's
responsibility), statements (make sure the GST is separately noted and deducted before you get your
cheque otherwise you might be liable) and frequency of shows (most artists show every 18 months to 2
years).
From little things ...
Of course, having a contract and a wonderful gallery is only the start. The potential is there for a
long-term mutually successful career but some cautionary final words from the artists:
"We salute you but don't embark on the journey with any expectation of short-term financial
reward' "
"Selling work is the end in the process of making. One needs money. A long time ago I committed
to trying to make my living this way. It is hard, it is always changing and one has to be philosophic.
For me, after many years of practice, it does not get any easier, either putting my work out there or
approaching galleries. These are aspects of one's personality and there are many makers who are neither
good nor interested in commerce. That is why we are all looking for a good commercial gallery and
someone who is seriously interested in our work and welfare!"
"If one wants a 'career' there are simply things that need to be done and exhibiting is one of them."
"Shop around_ Don't show immature work. I waited 15 years to get a good show in a good gallery."
"Be in it for the long-term, understand the contract you have and make the best work you can
because in the end that will make the relationship work well."
, www.artslaw.com.au/samplecontractsl
2 www.visualarts.net.au/advicecentre/artistsworkingwithgallerieslestablishingaprofessionalrelationship
3 www.visualarts.net.au/fileslcommgallscode.pdf
THE JOURNAL OF AUSTRALIAN CERAMICS NOVEMBER 2009 6,