Law Reform and Advocacy Work

Arts Law aims to provide targeted, quality advocacy on law and policy reform, for the benefit of the creative sector.  This is done through:

1. Identification and prioritization of issues affecting the arts community;
2. Research and making of submissions
3. Developing relationships with the Government, media, arts sector and other relevant bodies; and
4. Lobbying to influence the decision making of Government and other bodies,

Submissions

 

In 2007 Arts Law has been actively involved in advocacy work on the following issues:

Review of Australian Privacy Law: Discussion Paper 72

Arts Law Submission on 5 November 2007 to the Australian Law Reform Commision on the Review of the Australian Privacy Law: Discussion Paper 72. See submission here. 

Communications Legislation Amendment (Content Services) Act 2007

This Act was passed on 20 June 2007. It amends a number of acts relating to communications and other matters. In particular the Act deals with the regulation of content services delivered over convergent devices (such as 3G mobile phones, which can access the internet). The primary purpose of the legislation is to ensure children are not exposed to harmful or inappropriate content and that community standards are upheld. Arts Law made submissions on the legislation when it was in bill form. As some artists use convergent device technology in their arts practices we saw this as an important issue. PDF of Arts Law Submission

Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Bill 2007

This bill proposes to amend the classification laws so that publications, films and computer games will be refused classification if they are deemed to advocate the doing of a terrorist act. Arts Law does not support the publication of material that advocates terrorism, however we believe the existing classification rules are sufficient and that the legislation that could restrict freedom of expression and have a chilling effect on creativity in Australia. PDF of Arts Law Submission

Submission to Treasury on financial reporting requirements for unlisted public companies

The Commonwealth Treasury is currently conducting an inquiry into financial reporting for unlisted public companies. Arts Law made a submission regarding financial report for not for profit (NFP) companies operating in the arts. We argued that reporting for NFPs should be streamlined and simplified but that minimum reporting requirements are essential for ensuring public confidence in the manner in which NFP funds are spent. PDF of Arts Law Submission

Privacy

See our submission to the Australian Law Reform Commission on the issues raised by Issues Paper 31 concerning the Review of Privacy here.

In 2006 Arts Law has been actively involved in advocacy work on the following issues:

Copyright Amendment Bill 2006

The Copyright Amendment Bill 2006 is currently in Parliament. Arts Law provided a submission to the Senate Legal and Constitutional Affairs Standing Committee on the Bill. Read our PDF submission here.

Arts Law focused on the proposed exception for parody and satire. We also looked at the breadth of the general proposed new exceptions for museums, galleries, libraries, archives and educational institutions and the potential impact on income for creators. Arts Law also advocated for additional funding for artists who will lose income though the proposed time shifting and format shifting amendments for private copying. The full range of submissions is available on the Government website

The Copyright Amendment Bill passed through the Senate 1 Dec 2006. The Bill includes a fair dealing exception for the purposes of parody and satire when using a  literary, dramatic, musical or artistic work or audio visual item. Further information on the Bill  is available in the Government’s website 

Sedition

Arts Law has been active in campaigning in relation to the Government’s new sedition laws. Arts Law is of the view that they are likely to have a chilling effect on artists across all art forms. Read our submission here. For further information on the review by the Australian Law Reform Commission see its report and recommendation on their website.

In March 2006, Arts Law received a letter from the federal Attorney General, Mr Phillip Ruddock confirming the Government’s commitment to introduce into Parliament a new version of the Bill. Mr Ruddock stated the Government would not engage in further consultation prior to introducing the Bill. Arts Law has no information as to whether any of our concerns have been addressed.

Senate inquiry into Indigenous Visual Arts and Crafts Sector

The Senate Environment, Communications, Information Technology and the Arts Committee is inquiring into Australia’s Indigenous Visual Arts and Crafts Sector. The terms of reference consider

1. the current size and scale of Australia's Indigenous visual arts and craft sector;
2. the economic, social and cultural benefits of the sector;
3. the overall financial, cultural and artistic sustainability of the sector;
4. the current and likely future priority infrastructure needs of the sector;
5. opportunities for strategies and mechanisms that the sector could adopt to improve its practices, capacity and sustainability, including to deal with unscrupulous or unethical conduct;
6. opportunities for existing government support programs for Indigenous visual arts and crafts to be more effectively targeted to improve the sector's capacity and future sustainability; and
7. future opportunities for further growth of Australia's Indigenous visual arts and craft sector, including through further developing international markets.

Arts Law has made a submission to the inquiry which is available here. All submissions can be viewed on the Government's website . The outcomes of the inquiry will be reported on 22 March 2007

During 2003 Arts Law responded to a range of issues and made the following submissions to Governments and other bodies, namely:

• to the Board of Taxation on the Charities Bill;
• to the Digital Agenda Review;
• on the introduction of Resale Rights (in partnership with Australian Copyright Council, NAVA and Viscopy);
• as a member of the Australian Coalition for Cultural Diversity to Government on the US Free Trade Agreement, GATs and treaties for trade liberalization;
• to the review of Indigenous Culture and Intellectual Property Management for the Uluru Kata Tjuta National Park;
• on the AFC protocols for filmmakers working with Indigenous content and communities;
• Ongoing work on draft public ruling on the meaning of carrying on a business as a professional practicing artist for the purposes of the Income Tax Assessment Act (in partnership with NAVA on behalf of the arts community).

Advocacy Partnerships

Throughout 2003 Arts Law has also worked alongside a number of other organisations and individuals, including:

• NAVA, the Australian Commercial Galleries Association and the Australia Council on a code of practice for Australian commercial galleries and the artists they represent;
  
• NAVA on behalf of the arts community on the taxation issues;
• Australian Copyright Council, NAVA and Viscopy on the introduction of a resale right;
• Australian Coalition for Cultural Diversity, comprised of key membership and service organisations across the cultural sector on the need to ensure that the Free Trade Agreement with the US does not jeopardize Australian culture.

Lobbying

Arts Law also participates in meetings, including:

• Meeting with the Department of Communications Information Technology and the Arts (DCITA) in relation to resale rights.
• Meeting with the Australian Taxation Office on the draft public ruling.  Also participating were advocacy partners NAVA, pro prono tax consultants Judy Sullican and Jill Savage of Mallesons Stephen Jaques, former Arts Law Director Delia Browne and staff of DCITA.
• Meeting with advisor to Senator Helen Coonan (Minister for Finance) on taxation issues.  Also participating were advocacy partners NAVA, Australian Society of Authors and tax consultant Judy Sullivan.
• Meetings on Indigenous communal moral rights, with Indigenous stakeholders, with advisor to Senator Rod Kempt, Senator Aden Ridgeway and several meetings with the Australian Council.