Question: A prominent and well-regarded Adelaide art gallery has decided to issue what it calls “Guidelines” as to the relationship between the gallery and its artists.
The owner of the gallery has asked you to comment on the draft Guidelines and make any changes that you think are needed. It is not your job to tell the gallery owner what you think is right or wrong – it is a commercial relationship in which everyone is adult. Most gallery owners don’t countenance written agreements and very few even have such guidelines.
A: Although the Guidelines are a good starting point, they need further work. Amend the guidelines so that they are as clear as they should be. (Note that some points may be perfectly reasonable – do not have the expectation that every point must be re-written) (50 marks out of 75)
B: Assume that the gallery and the artist work together for a year, in which time the artist has a show at the gallery and the gallery sells a couple of the artist’s work from the stock room (i.e. outside the period of the exhibition.) The artist is offered representation by another gallery and wants to shift. Assuming that the Guidelines are the only relevant document between the parties, can she do so? What is the contractual effect of the Guidelines? (25 marks out of 75, and repeated below.)