Lawrence Omeenyo licenses his image for Arts Law’s Christmas card

By Arts Law Centre of Australia on 18th April 2011

Artist Lawrence Omeenyo is a painter, sculptor and elder of the Lockhart River Community. He works through the Lockhart River Arts Centre. After Arts Law had worked with the Lockhart River Art Centre drafting wills for their artists, Arts Law decided to approach the art centre to see if it was possible to license one of the artist's images for Arts Law's 2010 Christmas card.

Arts Law emailed the art centre asking if this might be possible. Lockhart River Arts Centre then sent Arts Law some thumbnail images to choose from. Arts Law having chosen one of Omeenyo's "strong heart" images then rang the art centre confirming both the image it wanted to use and discussed the cost for using it for this one-off purpose. Arts Law then sent the following email confirming the arrangement:

As discussed on the phone today, Arts Law would like to licence one of Lawrence’s strong heart images for Arts Law’s Christmas card for 2010. We will pay a licence fee of $X. It will be reproduced in colour on 500 cards to be sent to pro bono lawyers, funders and our other supporters. We are happy to profile Lawrence and Lockhart River Art centre on the card. Once I have chosen the image (thumb nails to be sent by you), then you can ask your accountant to invoice us for $X.

Lockhart River Arts Centre then sent the following email confirming the agreement:

Thank you for choosing a Lockhart River Artist for your Christmas cards
I am writing to confirm that receipt of $X from Arts Law by Lockhart River Arts represents permission for Arts Law to use the image
Lo20091017
Artist Lawrence Omeenyo
Title She has strong heart
Size medium Arylic on Cotton Canvas
78 x 69
Permission is for a run of 500 christmas cards. Usage beyond this will need further written permission
The copyright of the image remains the property of the artist at all times.
Would you kindly send us two cards, one for the centre to archive and one for the artist

Arts Law then responded agreeing to the other matters addressed in the art centre's email so the agreement was concluded. This case study illustrates a very simple licensing arrangement where the conditions of the licence were agreed through a telephone call and an exchange of emails. It would also have been possible to use a more formal arrangement such as Arts Law's sample agreement, Image Reproduction Licence for a Publication.

Further resources you might find useful:

Related

Popular case studies

  • 1. Wamod Namok’s “Kangaroo” - Copyright infringement

    In 2005, reproductions of Bardayal Nadjamerrek's "Kangaroo" painting were offered for sale on the internet accompanied by statements that any sales would result in royalties being paid to the artist. Sadly, the reproductions were unauthorised and the artist had never received any royalties.

    View here.

  • 2. Mandy Davis and her “Emu” painting

    Artists in the Black client Mandy Davis, has received a settlement from a company for their infringement of her copyright and her moral rights. The case is a great example of how AITB works.

    View here.

  • 3. Picture perfect - protecting copyright when selling photographs online

    A young up and coming photographer called Arts Law for advice about starting a website to sell her photographs online.

    View here.

  • 4. David Beaumont Case Study – Do I need permission to use this old photo in my work?

    David Beaumont is a Melbourne based visual artist whose works are held in private collections in Australia, the United States and the United Kingdom. He is a five time finalist in the ANL Maritime Art Prize and has exhibited in over a dozen solo exhibitions since 1999. In late 2010, he contacted Arts Law regarding an exhibition he was in the process of creating which addressed the controversial and highly emotional theme of terminal illness and euthanasia.

    View here.

  • 5. Yiwarra Kuju: the Canning Stock Route

    In late 2006, the Perth-based non-profit cultural organisation FORM initiated Ngurra Kuju Walyja – One Country, One People — The Canning Stock Route Project. The project began with modest aims to present an Aboriginal history of the Canning Stock Route through art and oral history and establish economic and professional development opportunities in remote communities. The project quickly grew to unexpected proportions. Within a year 110 Aboriginal artists and contributors were involved from 10 art and culture centres across 17 remote communities in the Goldfields, Pilbara and Kimberley, with a team of nine Aboriginal and five non-Aboriginal co-curators, multimedia crew and cultural advisors. The Canning Stock Route collection, which includes around 130 artworks, was defined by the curatorial team over two years and was acquired by the National Museum of Australia in December 2008.

    View here.

  • 6. Rod Nash - A cancelled commission case study

    Rod Nash was shocked when a Sydney council told him to stop work on his sculpture “Seed” which they had commissioned him to make for a public library. Rod contacted Arts Law to find out his rights.

    View here.

  • 7. Breaking up is hard to do … what happens when a band member leaves.

    Arts Law recently advised members of a band on the copyright status of a number of their songs after one of the band members had decided to leave the band

    View here.

  • 8. Carol Langley - Understanding liability when publishing images and interviews.

    Over the course of 2005, then Arts Law lawyer Katherine Giles and one of our pro bono lawyers gave several advices to writer Carol Langley about her book “Beneath the Sequined Surface”.

    View here.

  • 9. Respect and Protect Indigenous Art and Culture

    You can help ensure that Indigenous art and culture is respected and protected

    Indigenous Australians’ art and culture is a highly regarded and much publicised feature of Australian society. Commercial operators who deal with Indigenous art, play a key role in ensuring that Indigenous art and culture is respected and appreciated, rather than exploited.

    View here.

  • 10. Writing about Real People

    In mid 2010, Arts Law was contacted by an author who written an autobiographical book about her experience as a victim of domestic abuse. She contacted Arts Law to obtain legal advice outlining the risks of breaching defamation laws due to her use of real life people and events in the book.

    View here.

Warning: Aboriginal and Torres Strait Islander people are warned that this web site may contain images of deceased people.