Artist Membership Application - Terms & Conditions
-Updated March 2023
By applying for an Artist Membership with Indigenous Art Code Limited (ACN 139 788 711) (the IartC, us, we or our) you agree to be bound by these terms and conditions (Terms). In these Terms, ‘you’ or ‘your’ means the individual entering into these Terms.
If a capitalised term is used in these Terms but is not defined in these terms, that term will have the definition given to it in the Constitution.
1. Compliance with the IartC Constitution and support for the objectives of the IartC
You agree to be bound by the Constitution and to support the rights of Aboriginal and Torres Strait Islanders to:
a) be treated fairly and ethically when trading artwork;
b) have access to transparent processes when artwork is being promoted or sold; and
c) have any disputes arising under the Code dealt with quickly and fairly.
You also acknowledge that you have been made aware of the following IartC documents whilst applying for an artist membership:
- Membership Policy
- Membership Process Map
2. Membership application process
To apply to be an Artist Member, you must provide us with your completed artist membership application form. We will then assess your application. Submitting an application form does not guarantee that you will become an Artist Member. We must give final approval of your application.
Artists can only become members if they:
a) identify as Aboriginal and/or Torres Strait Islander (and are recognised as such by members of the community with which they identify);
b) are creating visual art; and
c) are selling their own artwork and not another artist’s artwork.
In your application form you will need to provide true and correct information and make a declaration about certain matters. Please provide as much detail as possible so that your application can be assessed quickly.
Once you provide your application form to us, our staff will first check whether you are eligible for membership. We may ask you for further information about your application and your artistic activities. If further information is required, we will contact you by telephone, email or through the IartC user portal.
Once we have all of the required information from you, our staff will conduct a full membership assessment. This process can be lengthy and relies on you providing us with all of the information we have requested.
Additional information about this process can be found in the Membership Process Map.
2.3 Use of additional information in the assessment
We may use the following sources of information to confirm that the information in your application is true:
· Publicly available information, including, but not limited to, your website, social media, Australian Business Register (ABN lookup) or ASIC business search.
· Information we already have from you through our ordinary course of business, such as knowledge about you if you were previously an IartC member.
· Information about you or your application from art centre peak bodies or Commonwealth, State, Territory or local government agencies. We may consult with relevant government agencies and programs relating to the arts or Indigenous affairs and certain government bodies.
· Advice from our legal advisors.
2.4 Board review and decision
The Directors will then consider your application and decide whether or not to admit you as an Artist Member. If the Directors decide not to admit you as an Artist Member, they do not have to give any reasons for their decision.
3. Membership fees
Artist membership is free. However, the Directors may in their absolute discretion introduce and/or vary membership fees under Rule 5.6 of our Constitution.
4. Information update
You agree to provide an annual information update to IartC when requested by us. This will include making a declaration that you have not sold or traded the artistic works of other artists in the last 12 months.
5. IartC logo use
The IartC grants accepted Artist Members permission to use, copy and publicly display the IartC logo when you are engaging in your artistic activities. However, when using the IartC logo, you must comply with the IartC Style Guide. The logo can only be displayed:
a) at a physical place of business;
b) on a business website; or
c) on promotional material.
You must not use the IartC logo in any way before you are accepted as an Artist Member. You cannot give the right to the use the logo to someone else. Permission to use the logo will automatically end when you stop being an Artist Member.
6. Artist Member profiles, information and image use
Artist Members can have their profile included on the IartC website. Profiles are created automatically using information you have provided. You must only provide us with true and correct information.
Artist Members may update their profiles at any time. Profiles are public by default. Artist Members can choose to hide their profile via the website. Artist Members can choose to include images in their profiles. If you supply an image, you must either be the sole copyright holder of it, or you must have permission from the copyright holder/s to use that image on your profile. If another person is the copyright holder, you must give us their full and accurate name so that they can be identified as the copyright holder.
7. IartC use of Artist Member images and information
When you become an Artist Member, you can create a website profile and can upload images of your artwork to promote your artwork and your support for the objects of the Code. This involves giving us a copy of the images. We always use the images to promote the fair and ethical treatment of Aboriginal and Torres Strait Islander visual artists.
Once you become an Artist Member, whenever you give us an image, you are giving us permission, without any compensation to you, to use, copy and publicly display the image for the following purposes only:
· for the IartC’s promotional purposes;
· to include in your profile on the IartC website; and
· to promote the objects of the Code, including on the IartC website and social media.
The above purposes are non-commercial in nature, so the images will not be sold by the IartC or used on commercial products manufactured or sold by the IartC, unless we have separately agreed with you that we can do this.
For the purposes of this clause 7.1, you must ensure that you are not infringing the intellectual property rights of another person whenever you supply us with an image. If you do not have permission to use an image, do not supply it to us. If you have given us an image that you do not have the necessary rights to, and another party makes a claim against the IartC because we used that image, you agree to compensate us for any losses that we suffer or expenses we incur because of that claim.
The IartC will acknowledge you as the copyright holder in relation to any of your images that we use. We may continue to display your images on our website even when you are no longer an Artist Member. The IartC will use reasonable endeavours to stop actively using the images you have supplied to the IartC when you are no longer an Artist Member.
7.3 Continued use
You must notify us if there are any images that you have supplied to us in which:
· you do not have the necessary rights or permissions to supply the images to the IartC under this clause 7; or
· you do not, or no longer, provide permission to the IartC to continue to use those images.
8. Using the IartC website
9. Additional eligibility requirements
In addition to the eligibility criteria set out in the IartC Constitution and Membership Policy, all artist membership applicants and Artist Members must be eighteen years of age or over.
From time to time, we may update these Terms. The updated Terms will apply to all artist membership applications from the time of posting on our website onwards.
These Terms are governed by the laws in force in New South Wales, Australia. Any claims or disputes about these Terms must be resolved in the courts of New South Wales, Australia.