As first published in ART+law, December 2001
Arts Law presented a Moral Rights Seminar in Sydney on the 3rd of October. The seminar was a great success and attended by a diverse cross-section of the arts and law community.
Kristin, Intellectual Property Partner at Freehills, explained how the moral rights legislation will work in practice. She examined the concept of ‘reasonableness’ and discussed the consent provisions, noting that consent obtained under duress will not be valid. Kristin looked at how other jurisdictions deal with moral rights and provided examples of moral rights actions that have been brought overseas. She also considered provisions of the legislation that relate to specific works and remedies that are available to those whose moral rights have been infringed.
After the formal presentations, audience members had an opportunity to ask the panelists questions. Some of the issues raised during this discussion included:
The seminar provided an excellent overview of the key elements of the moral rights legislation and an explanation of its impact on artists and arts organisations. It became apparent during the seminar that the arts-legal community is keenly awaiting the first moral rights case to be argued in the Australian courts.
While Phillip Noyce's film falls outside the new moral rights regime, which only applies to films made and completed after the commencement of the legislation on 21st December 2000, the incident highlights the need to respect creators’ moral rights.
The Arts Law legal officers are currently updating all sample contracts to include explanatory notes and, where relevant, provisions in the contracts dealing with moral rights. Arts Law acknowledges the kind assistance of Simpson's Solicitors with this task.
For information on moral rights see Arts Law’s website.
