FAIRNESS PRINCIPLES

Aboriginal Art World was founded on the desire to bring Australian aboriginal art, a unique form of world class art, to a wider audience in a way that is fair to the artists, exciting for collectors and investors and commercially viable for the founder.

Implicit in that desire is the respectful treatment and fair remuneration of the artists Aboriginal Art World deals with. In achieving this objective, we do as follows:

• pay a fair price to the artist when commissioning a piece;
• ensure that the artist is well treated and has comfortable surroundings whilst painting with us;
• share in any financial success with the artist via the voluntary adoption of the international principle of Droit de Suite - now superceded by the Retail Royalty; and 
• ensure we are available should the artist request assistance or advice with personal or financial matters

Correctly, much had been made of the problem of artists not sharing in the financial success enjoyed by wholesalers, retailers and collectors of art when artist's works are later sold. Whilst this is not a problem unique to Aboriginal Art, helping ensure the ongoing economic independence of Australia's indigenous artists is a particularly emotive issue and has been the subject of much debate. In 2006, the Australian Federal Government conducted an enquiry into the matter of art re-sales in general and in particular into Australian indigenous art re-sales. A key objective was to determine whether to introduce legislation requiring that a certain portion of sale proceeds be directed back to artists.  Unfortunately, no clear conclusion was reached at the time. 

Without adequate industry consultation, in 2010, the Federal Government passed legislation which has brought into being a resale royalty for indigenous artists.  Unfortunately, whilst the principle is correct, the enactment has been disasterous.  Aboriginal Art World is seeking, via key industry body Art.Trade, to have the implementation of the legislation modified so as to benefit the artists.  At present, the legislation is in danger of marginalising a whole group of artists who make their living from bread and butter paintings.  That is, by trying to apply the legislation to all art over $1,000 and requiring industry participants to engage in inordinately detailed reporting of ALL art sales, regardless of how small, there is a clear disincentive for industry participants to support the vast majority of artists and only work with major artists performing major works.  This is not healthy for the industry. Quite why the Federal Government saw it necessary to "re-invent the wheel" as regards a resale royalty when there are any number of good models, such as the UK and France, one will never know.

In parallel with consideration of a retail royalty, there has been further detailed industry consultation across 2008 and 2009 in which Art Trade has played a leading role.  A draft industry code of conduct has been produced which is currently close to implementation.  It is expected that voluntary adherence to the code will commence during 2010.  It is Aboriginal Art World's intention to immediately subscribe to the code upon its enactment.

Art.Trade Fair.Trade

Aboriginal Art World is proud to be a member of The Australian Indigenous Art Trade Association.  Art Trade was established in 1998 and is the national organisation for persons and organisations experienced in the business of indigenous art.  More recently, Art Trade has been an important participant in the Federal Government's enquiry into the Aboriginal art market which has sought to establish a code of ethical practice for the industry.