Legal Information

Arts Law publishes a number of information sheets and sample contracts. Some of these information sheets are available for free from this website. You may print a copy for a non-profit purpose, provided you copy all of it and do not alter it in any way. To reproduce for any other purpose (including for course materials) please contact Arts Law.

Our ART+law Article Archive also houses an extensive selection of articles containing helpful legal information.

Disclaimer

The articles and information on this website are provided only for the purposes of discussing legal issues. They are not to be relied on as a substitute for legal advice. The Arts Law Centre of Australia accepts no liability for losses caused by reliance on any of the materials it publishes. Before acting on any matter, take advice from a qualified legal practitioner.

Information sheets currently available are:


  • Frequently Asked Questions
    This article answers many frequently asked questions that the Arts Law Centre has given advise on during 2004, such as: "How do I get copyright?" "Can I use images/music from the Internet in my own work?" "My friend and I are making a film - what business structure should we have?" "Do I need an ABN and register for GST?" "What are moral rights?" "Someone is using my work without permission - what can I do?" "How can I protect my name? Is registering a business name enough?" "Can I take photos/film in public places?" First published in ART+law, December 2004
  • Competition Conditions
    This article looks at some of the things to consider before entering creative competitions. First published in ART+Law March 2006.
  • Protecting Your Professional Name
    Information on protecting a professional name, inlcuding: the importance of a name, selecting a name, protecting a business name, business names and reputation, trade marks, disputes, business name ownership within a partnership.
  • Contracts: A Glossary of Jargon
    This informative article is a list of some of the more common legal terms used in drafting, negotiating, discussing, entering or arguing about an agreement.
  • Copyright Infringement and Letter of Demand
    This information sheet explains what a letter of demand is for breach of copyright and contains a sample letter of demand for Copyright Infringement
  • Direct Licensing Guidelines: Sound Recordings
    This information sheet provides information about the direct licensing guidelines/policy that all PPCA licensors must have and contains additional information about licensing of sound recordings.
  • Do I Need a Film Location Release?
    Information detailing the reasons why a film location release is necessary and which patries shuld be contacted when obtaining a film location release.
  • Exclusion Clauses, Disclaimers and Risk Warnings
    This information sheet explains 'exclusion clauses', 'exception clauses', 'disclaimers' and 'warnings'. What these terms are, when you are likely to use them or come across them and the effectiveness of such statements.
  • Introducing Creative Commons
    This article explains the Creative Commons project. This system of licences and associated data bases allows creators to selectively grant and retain rights in innovative ways. The article outlines the types of licences involved, recent international developments and some of the teehthing problems of the creative commons licence. First published in ART+Law March 2006.
  • Legal Issues for Bloggers
    An information sheet addressing the main legal issues that can arise from online web-based publications, web logs, diaries or newsletters posted on a website by individuals, organisations, businesses or communities.
  • Letter of Demand For Trademark Infringement
    An information sheet on trade mark infringement, followed by a sample letter of demand.
  • Mediation Service
    An information sheet that explains what mediation is and its strengths as well as describing the Arts Law Centre's mediation service.
  • Moral Rights Infringement and Letter of Demand
    This information sheet explains what a letter of demand is for breach of moral rights and contains a sample letter of demand for Moral Rights Infringement
  • Organising a Festival
    This information sheet and checklist provides an overview of some of the most important issues you will need to consider and can be used as the basis for putting together a business plan or your own checklist to be used when putting together the festival.
  • Patents
    This information Sheet provides a description of the two different types of patents. It also provides an outline of how to apply and who can apply for a patent, as well as information on business method patents.
  • Performer's Rights
    Information outlining the rights held by performers.
  • Protecting your Designs
    Information Sheet outlining how you can protect your designs under the copyright regime and the design regime.
  • Street Photographers Rights
    Can I take a photograph in public that contains images of people I don't know? Can I take a photo of a famous landmark or of the front of someone's house and later sell it? This information sheet aims to provide you with the answers to these and other questions that may arise when you are taking photographs in and of public spaces. It also aims to provide those you encounter with a statement of your rights to minimise the possibility of harassment or threatened legal action.
  • Unauthorised use of your image
    An introduction to the unauthorised use of your image, outlining that there is no specific law in Australia aimed at preventing this from happening. However, it does suggest the areas of law in Australia that may be used to try and stop the unathorised use of your image.
  • Using Brands and Products in Film
    An informative article that covers the relevant legal issues and also the money-making opportunities that exist when placing products in films.
  • Where There's a Will
    Where There's a Will is a free resource designed to assist visual artists in planning how to deal with their assets and affairs after their death.
  • Agency Agreements
    Information on agency agreements. Including: What an agency is, how it is created, granting authority to an agent, an agent's obligations, and agency agreements
  • Classification and Censorship
    Artists should be aware that they might be required to have their works classified. Whether an artist has an obligation to have a particular work classified depends on a number of factors, including the type of work, its content and how it is being used. This information sheet addresses the issues surounding classification and censorship.
  • Confidential Information - Protecting Your Ideas
    How to protect ideas and an outline of confidentiality law, this resource includes a sample confidentiality agreement.
  • Contracts: An Introduction
    An introduction to contracts and agreements, outlining the main areas to consider when a contract has been presented to you, or when drafting a contract yourself.
  • Copyright
    Information on copyright and copyright collecting societies.
  • Small Claims Debt Recovery and Letter of Demand
    Here you will find information on the small claims debt recovery process for each state of Australia and a sample letter of demand. A letter of demand is sent to a person or organisation who owes you money (a debtor) following your supply to them of goods or services (eg. sale of artwork, performance fees, etc).
  • Defamation
    A brief overview that describes the law of defamation as it applies prior to Jan 2006 and after Jan 2006, how to minimise the risk of defamation and what the defences are if you are threatened with a defamation action.
  • Displaying Visual Arts on the Internet
    The purpose of these Guidelines is to codify the best practice for the reproduction and communication of Visual Art via digital distribution methods in Australia, whether such reproduction or communication is for commercial purposes or otherwise.
  • Employee or Contractor
    A guide that explains the differences between employees and independent contractors and the legal requirements which apply in the states of Victoria and Western Australia. It is not a substitute for professional legal advice. Information sheets on other states will be available in the future.
  • Indigenous Legal Issues
    Aboriginal and Torres Strait Islander focused legal information, including cultural and moral rights.
  • Insurance
    Informative articles on insurance matters.
  • Privacy and the Private Sector
    Provides general information about the private sector and privacy law. An overview of the Privacy Amendment Act that came into effect in 2001.
  • Sedition Law in Australia
    This information sheet provides an overview of the new sedition laws and the debate surrounding the new legislation.
  • Superannuation and Contract for Services
    A summary and guide to the Superannuation Guarantee Charge and this infomation should not substitute for professional advice. The summary explains the different aspects to superannuation and responsibilities that the employer, employee and the self employed possess.
  • Taxation
    Informative articles on taxation matters.
  • Trade Marks
    An explanation of who can apply for a trade mark, how to register a trade mark, and what can be registered as a trade mark. An overview of the registration process, reasons why a application may be refused and preventing others to use your trade mark.