How it all Works
SO HOW DOES IT ALL WORK?
Step 1. The Plan/Discussion:
Utopia Australia sources Aboriginal art that we believe will look appealing and sell well on various gifts and homeware products, including existing items and new ones we plan to introduce. While we appreciate all artworks, our extensive experience has taught us that not every piece will translate well onto products, so we must be selective. We then approach the artist for a face-to-face discussion to gauge their interest in collaborating with us.
Having known many of these artists for years, we have built mutual trust, helping us work together towards the common goal of showcasing their remarkable art to the world. Additionally, artists frequently approach us, eager to see their designs on our products. Although it’s tempting to proceed with every request, the potential viability of each product must be considered, as launching new designs and products is no easy feat.
Step 2. The Contract:
Our contracts are drafted by lawyers specialising in Copyright Agreements and 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): protocols 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.
These contracts clearly outline the responsibilities of both Utopia Australia and the artists, ensuring that everyone understands and protects their rights. Artists always retain copyright ownership of their artwork and have control over which products their designs are used on, with development ideas discussed directly with them for agreement. The contract covers 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 invested many hours in researching royalty contracts to ensure fairness and periodically review them to protect the interests of both parties. Before signing, the contract is discussed with the artist, who can consult their lawyers and/or family members. The artist can then return to us with any questions or concerns, which we address together.
Step 3. Contract Signing Meeting:
Once the contract is finalised, we schedule a meeting with the artist and their family, either in our Alice Springs office or in Utopia, depending on the artist’s arrangements. The contract is explained again, with translations provided as needed. Once everyone agrees, all parties, along with family and other witnesses, sign the contract.
Step 4. Production
With contracts in place, Utopia Australia begins sourcing products. Depending on the product, this process can take from a few weeks to a few months. Samples are ordered from various manufacturers to ensure top quality, and the artists are given the chance to review them. Once everyone is satisfied, production begins, and the final products are delivered to our warehouse. If tagging or packaging is required, it is done before the products are stocked on our shelves, ready to fulfill customer orders.
Step 5. Sell, Sell, Sell
That's the plan! Utopia Australia currently operates as a wholesale trade-only seller, partnering with businesses across Australia. We keep our customer database informed with marketing emails about new products, sales, artist stories, and other updates. Although our ever-changing and expanding product range makes it challenging to keep our hard copy catalogues up-to-date, our website always features our latest products.
If you're interested in becoming a wholesale purchaser of Utopia Australia products, please get in touch through our contact page.