PRIZE REVIEW: Meroogal Women’s Art Prize
This month, Arts Law has reviewed the terms and conditions of the Meroogal Women’s Art Prize organised by Museums of History NSW (MHNSW).
Arts Law previously reviewed the terms of the Prize in 2022, and it is great to see the Organiser implement some of our previous suggestions in the terms of the 2024 Prize. Read the terms and conditions of the current competition here.
The closing date for this competition is 5pm, 24 September 2024.
What is the rating?
Arts Law has awarded the competition 4 stars out of 5. Read on to find out more detail.
How did Arts Law help?
Arts Law reached out to the Organiser to make the competition’s conditions of entry more friendly to the artists who are entering. The Organiser considered our suggestions and advised that they do not feel it is appropriate to alter the terms of the 2024 Prize after public release.
However, Arts Law is pleased to note that the Organiser has actioned some of our suggestions by updating their website and FAQs. We hope our recommendations will be formally incorporated into the terms of the next Prize.
What is the Meroogal Women’s Art prize about?
The Meroogal Women’s Art Prize celebrates female artists of all mediums who submit works that respond to the historic Meroogal house, its former occupants and their significance to the history of the NSW South Coast. The Prize pays tribute to the four generations of women from a local family who lived at Meroogal for almost 100 years, and the house that contains their stories.
How artist-friendly is this competition?
The competition’s terms are quite artist-friendly. Arts Law has awarded a 4-star rating on the basis that the Organiser improved these terms by providing additional information on their website and in the FAQs, which they intend to treat as if they are formal terms and conditions.
How do the copyright terms stack up?
| What is copyright? | Copyright is a bundle of rights that protect literary, artistic, musical and dramatic works (as well as films and sound recordings). These rights allow the owner of copyright to control the ways that a work is used. If you want to learn more, you can read Arts Law’s Information Sheet on Copyright here. |
We are pleased to see that all Entrants will retain copyright in their work.
Finalists consent to granting the Organiser a non-commercial, non-exclusive licence for up to 2 years. This licence allows the Organiser to reproduce finalists’ artwork for documentation and promotion purposes in association with the Prize and the Museums of History NSW at no charge to the Organiser. The terms allow artists and the Organiser to negotiate an extension of this non-exclusive licence after the 2-year period, if required. We note the minor exception to the licence duration, which allows the Organiser to publish photos of finalists’ work on their website indefinitely. It is great to see that the Organiser has set out licence terms that are clear and fair to artists.
Finalists’ artist statements may also be used for promotional and marketing purposes, but the details of this are unclear. It is good to see that the Organiser took on board our suggestion to clarify this, as the FAQs now limit use of the artist statements to up to two years from 9 November 2024. The Organiser also informed us that they will more clearly articulate this in the terms of the next Prize. We are pleased to see that the Organiser will seek the artist’s approval before making minor edits to an artist statement.
Does the competition respect moral rights?
| What are moral rights? | Creators have moral rights when their work is used (i) to attribution, (ii) against false attribution, and (iii) to integrity, which means not having their work treated in a derogatory way. For more information, you can read Arts Law’s Information Sheet on Moral Rights here. |
The terms expressly state that the Organiser will respect the moral rights of all artists in their works, and that they will not make any changes to the artworks without the artists’ written consent. This means that the artist must be credited and their name displayed in a reasonably prominent place wherever the artwork is shown. It also means that the artwork cannot be adapted or modified in any way which could be said to damage the artist’s reputation.
This is a positive inclusion, but Entrants should be aware that the terms provide no further protection than is already afforded under the Copyright Act. Entrants can read Arts Law’s Information Sheet on Moral Rights for more information.
What about Indigenous Cultural and Intellectual Property?
| What is ICIP? | ICIP is a broad term that covers all of the rights that Indigenous people have, and want to have, to protect their traditional arts and culture (including writing, music, performances, paintings, languages, sacred sites, stories passed down orally, and other records of heritage). If you want to learn more, you can read Arts Law’s Information Sheet on ICIP here. |
There is currently no reference to ICIP protections in the terms of the Prize. When we discussed this with the Organiser, they informed us that they are currently working with Terri Janke and Company to update their First Nations Policy. Once finalised the new policy will apply to the Prize. Arts Law is delighted to hear that the Organiser is working with the international authority on ICIP and looks forward to seeing ICIP protections incorporated into the terms of future Prizes.
Ideally, we would like to see terms that require an artist to inform the Organiser if there is any ICIP in the artwork. If so, any display of the artwork or of an image of the artwork would be accompanied by an ICIP notice. The notice would acknowledge the inclusion of ICIP, the traditional custodians, and state that dealing with any part of the work for any purpose that has not been authorised by the traditional custodians may be a serious breach of the customary laws of that community. Contact details for enquiries regarding permitted uses of the work can also be included in the notice.
What about transport, risk and insurance for the artworks?
The Organiser will insure the finalists’ artworks from their arrival at Meroogal until they are collected at the close of the exhibition. However, works exhibited outdoors at Meroogal will not be insured.
Although the terms are unclear r, Arts Law confirmed with the Organiser that works will only be displayed outdoors if requested by an artist. The Organiser also updated the FAQs to confirm this, and we encourage the Organiser to incorporate this into future Prize terms.
Finalists (not the Organiser) must bear the cost of insuring their works during transit. This, combined with requiring finalists to bear all costs involved with the delivery and collection of their artworks to and from Meroogal, may create barriers to entry for some artists. The National Association for the Visual Arts’ (NAVA’s) Code of Conduct recommends that organisers can improve equitable access for artists by paying for or sharing in transportation costs with the artist and paying for artworks to be insured while in transit and for the duration of the exhibition, for damage and theft.
Delivery and Collection of Artworks
In addition to bearing the costs of delivering and collecting their artworks, finalists only have 2 days and limited hours on which they can deliver their artworks to Meroogal. Entrants will only have 2 weeks between receiving notification if they are a finalist and the deadline for delivering their work. Collection is similarly limited. The Organiser has the discretion to dispose of any artworks not collected by the date specified.
The effect of these terms is that finalists must physically deliver and collect their artworks, rather than being able to post or freight their work. Arts Law suggested that the Organiser could make these terms less restrictive by:
- Providing longer windows of time for delivery and collection.
- Offering to repackage and return artworks by post at the conclusion of the exhibition.
- Including a term stating that the Organisers will not dispose of finalists’ works if the finalists reach out to them to arrange collection or return.
Unfortunately, the Organiser informed us that due to minimal storage space and limited staff and opening hours, they will not be able to implement many of our suggestions. However, the Organiser did confirm that staff will repackage all artworks in the original or equivalent packaging, for collection on the specified dates. The Organiser will also communicate with finalists regarding delivery queries and will attempt to contact the artist of an uncollected work before disposing of that work. The updated FAQs now state: ‘MHNSW will email or phone artists prior to disposal, with a minimum of seven days’ notice.’
Other issues
There are 4 non-acquisitive prizes available:
- 1st prize: $8,000, a Bundanon artist-in-residence scholarship and an MHNSW membership.
- 2nd prize: $1,500, a solo exhibition at the Shoalhaven Regional Gallery (including an opening event) and an MHNSW membership.
- Highly Commended Award: $1,500 and an MHNSW membership.
- People’s Choice Award: $500 and an MHNSW membership.
1st and 2nd prize in particular offer great profile-raising and development opportunities. Arts Law suggested to the Organisers that Entrants would benefit if these opportunities were expressed more clearly, such as the duration of the Bundanon residency. We are pleased to see that the Organiser has taken on board this suggestion and this is now clarified on their website[EP1] .
Other aspects of the prize
Eligibility
The Prize is open to women aged 18 years or over, who reside in New South Wales.
Entry
There is no entry fee for this Prize.
Entrants are able to submit up to 2 original artworks made in the 12 months prior to September 2024 and that have not previously been exhibited. For each work, Entrants must submit:
- up to 3 good quality images; or
- up to 2 audio-visual files; and
- an artist statement of no more than 80 words which clearly explains how their artwork responds to Meroogal.
The Prize does not accept AI-generated artworks.
Selection Process
The judging panel will be made up of Rebecca Bushby (MHNSW), Tamara Dean (winner of the Prize in 2018) and a representative each from Shoalhaven Regional Gallery and Bundanon. To select finalists and winners, the panel will assess entries based on artistic merit, the development of concepts and the level to which the entries recognise and directly respond to Meroogal and its collection, gardens and stories.
Finalists will be notified by 16 October 2024 and their works will be exhibited at Meroogal for 6 months, from 9 November 2024 to 24 May 2025. The People’s Choice Award recipient will be announced at the close of the exhibition. The terms do not explicitly state, but it appears that the other prizes will be announced at the exhibition opening.
Some exhibited works might be selected for display at another MHNSW museum after May 2025. Selected Entrants will be notified and formally requested to participate, and they will have the opportunity to negotiate new terms and conditions at that time.
Sale of Artworks
The Organiser will not actively promote the sale of finalists’ artworks, but they will provide finalists with the contact details of any interested buyers. The terms do not suggest that the Organiser will take any commission for passing on purchase requests.
What could they have done better?
In summary, the Organiser could make the terms of the Prize fairer to Entrants by:
- Including a term stating that the Organiser acknowledges ICIP.
- Improving the terms about delivery and collection of the exhibited works.
- Incorporating the improvements they have actioned via their website and FAQs into the terms of the Prize.
About
Arts Law regularly reviews the terms and conditions of competitions and rates them out of five stars. Our review looks broadly at the terms and conditions of a competition. In particular we look closely at how a competition deals with an entrant’s copyright and moral rights, and consider this in light of the prize. Entrants should always consider the possible profile-raising which may result from being a finalist or winner.
By accepting the terms and conditions of a competition, entrants should be aware that they may be entering a legally binding contract.
For more information, see our free information sheet on competition conditions. Artists are welcome to contact Arts Law for legal advice on the terms of a competition. We also invite competition organisers to contact Arts Law for best practice assistance to make their terms and conditions fairer for artists.
Further Information
Please email us at [email protected] to tell us about any competitions or prizes you think we should check.
See more about Arts Law’s campaign to improve competition terms and conditions in the Prizes and Competitions section.
