How it all Works

SO HOW DOES IT ALL WORK?

Step 1. The Plan/Discussion:

Utopia Australia sources aboriginal art we think will look good and will sell well on various gifts and homewares products – products we already get produced and new products we are looking at having made. Whilst we love most of the artworks we see, having been in this business for so long, we also know that every piece won’t translate well onto products so we have to be selective. We then approach the artist and have a discussion face to face to see if they are interested in working with us.

Most of these artists are people that we have known for many years so much mutual trust has been established over time, helping each other to achieve the common goal of exposing their wonderful art to the world. We also have artists approaching us on a regular basis wanting to have products manufactured with their designs. It can be hard for us not to proceed with it all but like anything, it does come down to the product’s potential viability. Launching new designs and products does not happen easily.

Step 2. The Contract:

Our contracts have been drafted by lawyers who specialise in Copyright Agreements and were recommended by the Indigenous Art Code of Australia. The company has expertise and experience in:

  • Commercial and Business Law: governance advice and corporate documentation
  • Intellectual Property (IP): trademarks, copyright and licensing and IP management plans
  • Indigenous Cultural and Intellectual Property (ICIP): protocol s and ICIP management plans

These contracts outline the responsibilities of both Utopia Australia and the artists to ensure everyone is clear about what is being entered into, to protect the rights of everyone involved.

Each artist always retains copyright ownership of their artwork. They also have control over what products are manufactured with product development ideas discussed directly with them to ensure they are in agreeance. The contract also outlines all essential information including:

  • Definitions and Interpretations
  • Copyright in the Artistic Work
  • Licence
  • Moral rights of the Artist
  • Accompanying Story
  • Representations, Warranties, and Indemnities
  • Payment and Royalties
  • Indigenous Cultural and Intellectual Property
  • Name, Likeness and Biography
  • Confidentiality
  • Termination
  • Notices/Disputes
  • Changes to Agreement
  • Succession
  • Assignment and Relevant Law

We have spent countless hours researching royalty contracts and know ours to be fair. We review periodically to ensure that the interests of both parties are looked after.

Before signing, the contract is discussed with the artist and they are then given a copy to bring and discuss with their own lawyers and/or other family members. The artist then has the opportunity to come back to us with any questions or concerns and we can address this together.

Step 3. Contract Signing Meeting:

Once the contract has been finalised we then schedule a meeting with the artist and their family. This is either conducted in our Alice Springs office or out at Utopia, depending on the artist’s arrangements. The contract is once again explained to the artist, with translations into language occurring as required. Once agreed, all parties sign along with family and other witnesses.

Step 4. Production

With contracts in place Utopia Australia then starts the process of sourcing products. Depending on what product this can take anywhere from a couple of weeks to a couple of months. Samples are ordered from various manufacturers to ensure we are manufacturing top quality products and the artists are given the chance to review.

When all are happy production is begun and the final products are delivered to our warehouse. Boxes are unpacked and if tagging or packaging is required this is then actioned before products are stocked on our warehouse shelves ready to pick and pack our customer orders.

Step 5. Sell, Sell, Sell

Well, that’s the plan! Utopia Australia is currently a wholesale trade only seller and so we trade with businesses across Australia.

We provide marketing emails to our customer database, letting them know of new products, any sales we might be having, information on our artists and stories, and just generally keeping in touch so they know where we are at.

We provide hard copy catalogues of our current products to our customers although with our ever changing and increasing product range this can be hard to keep up! But our website is always up to date with our latest products.

If you are interested in becoming a wholesale purchaser of Utopia Australia products please get in touch through our contact page here.

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