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This draft document serves as a guide for discussion and recommendations of the
broader arts community into the Norms and Standards Guideline for the Visual Arts
in South Africa.
There are three sections to this document:
1. An introduction to the status of this document and the status of research thus
far
2. An introduction to the draft approach of this document
3. A chapter outline intended to give a sense of the breadth of content to be
addressed in the guideline.
Importantly this document is accompanied by two further documents available online
that give wider context. These are the ‘about norms and standards’ document and
the ‘Terms of Reference from the Department of Arts and Culture’ document. Please
consult these documents for further information.
Comments and proposals on the below content can be submitted online via our
website by following this link: http://vansa.co.za/about/copy_of_news/norms-andstandards-draft-documents-and-repsonses
Submissions close 30 April 2016. All submissions will be thoroughly attended to in
the drafting process – please note no communication will be entered into regarding
submissions due to capacity limitations.
Further consultations will be held on 27 May 2016 (only in Johannesburg and online)
for further submissions on the draft document once it has been drafted.
1. Status of this document
VANSA began an independent investigation into the potential of a Norms and
Standards in 2014, funded by the NAC, as a way of understanding the
complexities of what such a document might mean in the varying landscape that
is the Visual Arts in South Africa.
In September 2015 a call was made for quotes on the development of a national
norms and standards by the Department of Arts and Culture, for which VANSA
was well placed to be awarded the commission. Our contract was confirmed in
January 2016 and we had our first meeting with the Department of Arts and
Culture in early February, starting work soon after.
As we had begun much of the background research in 2014 we were able to pull
together local and international content and derive a structure quite quickly. The
structure you will find below. It is still in significant draft form and requires
structural rethinking particularly for section C. There are also a number of areas
in which the relevance of a visual art norms and standards, over and above
specific industry standards, is not clear – these include media, auction houses
and others. The use of existing international examples has enabled us to have a
good sense of some of the base content that is needed and this serves as the
basis from which we hope to open the discussion with the broader arts
community. Feedback we get through consultation will feed directly into structure
and content of the guidelines. We will be populating content from various sources
– artright.co.za being a key tool here – and will continue to do so over the next
months. A number of interviews will be undertaken with key experts and some
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section will require expertise from legal professionals. Once a draft document is
in place it will be of vital importance to get many, many eyes reading it to pick up
any areas of omission, error or uncertainty. We urge you to give some time to this
important part of the process.
2. An introduction to the approach
The intention of the norms and standards document is to provide a guide for
professional practice, activity and conduct of all practitioners in the field. While
most of this document will not be legislated (other than some areas such as
copyright, labour law etc.) it should serve as a key reference to turn to before,
during and after a professional process and we hope it will be consulted widely.
The intention is to make it widely accessible and keep it quite short. However it
also needs to cover as much content as is possible.
The Norms and Standards Guide will take impetus from the 2010 HSRC National
Assessment of the Visual Arts, which stated the following, “A Norms and
Standards should be […] concerned with educating both public officials and
artists about the variety of issues that should be addressed in the
negotiation of these working relationships, in the interests of ensuring that
both parties are adequately protected. Such education should extend to
particular consideration of the moral and intellectual rights artists have
over their creative work, and the need for these to be addressed and
protected in agreements that artists may enter into with both private and
public sector entities.”
A sense of mutual understanding and clarity is therefore key to the tone
and overall approach of the Norms and Standards Guide. The key
approach statement is “mutual benefit, mutual responsibility” and looks to
ensure that all partners are treated fairly, equally and with mutual
outcome.
3. Chapter Outline
A. NON-COMMERCIAL SPACES and EVENTS
A.1. Types of Non Commercial Spaces and events (definition of noncommercial)
A.2. Best Practice recommendations for Curated Exhibitions and Events/
Festivals
A.2.1.
Policies
A.2.2.
Written contracts or agreements
A.2.3.
Payment of fees
A.2.4.
Transport
A.2.5.
Installation
A.2.6.
Duty of care
A.2.7.
Insurance
A.2.8.
Media and promotion
A.2.9.
Selling in non commercial spaces
A.3. International Exhibitions
A.3.1.
Fees and sales (incl. tax)
A.3.2.
Costs of transport
A.4. Residencies
A.5. Publication
A.5.1.
Different kinds of publications
A.5.2.
Different kinds of publishing and associated rights and
responsibilities – expectations of the publishing industry
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A.6. Public Commissions
A.7. Competitions, awards and Prizes
A.7.1.
Differentiate between open and closed
A.7.2.
Selection
A.7.3.
Moral rights, copyrights and permissions
A.7.4.
Judges, judgment, rejection and censorship of work
A.7.5.
Acquisitions
A.7.6.
Tax on prize money
B. COMMERCIAL GALLERIES and EVENTS
B.1. Full Gallery Representation
B.1.1.
Tax – independent contractor and status of the artist
B.2. Single or One-off Exhibitions and events
B.2.1.
(A.2.1 – A.2.8)
B.2.2.
Sales terms (pop up galleries and curator relations)
B.3. Multiple Sales Outlets
B.4. Selling on the Internet
B.5. Expos and Fairs
B.6. Work Bought Outright by Galleries/Retail Outlets
B.7. Agents/Art Consultants
B.8. Practitioners Selling Work
B.9. Private Collectors and Commissions (including Corporate collections)
B.10. Studios
B.11. Auctions
C. FEES, WAGES, COSTINGS, TAX AND THE WORK ENVIRONMENT (fee
calculator)
C.1. Non profits, fundraising and governance
C.2. Pricing for artists
C.3. Tax – for artists, organisations and workers
C.4. Internships
C.5. Health and safety
C.6. Media
D. EDUCATION
D.1. Formal Education Institutions
D.2. Alternative Education Institutions
D.3. Workshops and Masterclasses
D.3.1.
Contracts
D.3.2.
Workplace codes of conduct and policy
D.3.3.
Remuneration and costs
D.3.4.
Application
D.3.4.1.
Clear about accreditation
D.3.4.2.
Fees if any (cancellation policy and reimbursement)
D.3.4.3.
Materials and equipment required
D.3.4.4.
What do you get out of it
D.3.4.5.
Times and venue
E. ARTISTS RIGHTS
E.1. Moral Rights
E.2. Copyright and IP
E.2.1.
Mention of all copyright above
E.2.2.
Basic norms and standards of copyright
E.3. Resale Right
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E.3.1.
What is Resale Right
E.3.2.
Current state of resale rights in South Africa
E.4. Freedom of Expression
E.4.1.
Cultural norms and sensitivities
E.4.2.
Dealing with controversy
END
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