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eNewsletter of the Arts Law Centre of Australia
Issue 2 June 2010

A New Peak Body for WA Aboriginal Art Centres
By Delwyn Everard *


Artist Dada Simpson at work at Martumili Art
by Delwyn Everard © Arts Law

A new peak body for Aboriginal art centres in Western Australia has been established by Country Arts WA. The Aboriginal Art Centre Hub of Western Australia (WAAACH) has six member art centres located in the south west and Pilbara regions of WA. The Hub’s role is to support art centre development and growth, provide professional development opportunities and coordinate services and resources. In May and June 2010, WAAACH contracted Arts Law to deliver a series of workshops to its members.

Over a period of three weeks, Arts Law Executive Director Robyn Ayres, Senior Solicitor Delwyn Everard and Indigenous Liaison Officer Brad Webb presented over a dozen workshops on copyright, contracts, governance and estate planning to artists, art centre managers and boards of directors. WAAACH Coordinator Christine Scoggin attended a number of the workshops. Melodie-Jane Gibson, recently appointed as Indigenous Communications Coordinator by Copyright Agency Limited, also accompanied the Arts Law team for a substantial period, explaining to art centre management and artists how the new Resale Royalty Scheme will operate.

WAAACH and Arts Law talked to the managers of Mungart Boodja Art Centre in Albany, Tjukurba Art Gallery in Wiluna, Yamaji Art in Geraldton, Roebourne Art Group in Roebourne, and Martumili Art in Newman to identify the legal issues of most interest to each centre and its members. The workshops were then individually tailored for each art centre.

Robyn Ayres and Delwyn Everard at the rabbit proof fence
© Arts Law

Arts Law welcomed the opportunity to work closely with WAAACH and its members. The direct contact with artists, art centre managers and art centre directors and the feedback received during the workshops was also very beneficial to Arts Law in highlighting the issues confronting artists and art centres in remote and regional parts of Western Australia. It is clear that one of the most effective means of communicating and delivering AITB services in these areas is face to face workshops accompanied by the opportunity for artists to raise individual legal issues with an Arts Law lawyer. Many artists in such areas have limited access to phone and internet services and are reluctant to seek help unless they can establish direct contact.

Sadly, shortfalls in funding in 2010 have meant that Arts Law‘s ability to deliver face to face workshops outside capital cities has been severely compromised. Arts Law is grateful to WAAACH and its coordinator Chris Scoggin for making it possible for Artists In the Black services to be provided directly to artists and art centres in the south west and Pilbara regions of Western Australia.



Revised Artist & Arts Centre Agreement

Arts Law has just finalised its revised Artist and Art Centre Agreement for use by Aboriginal and Torres Strait Islander art centres. The purposes of the revisions were threefold:
  • simplifying our existing agreement – the membership agreement is now 4 pages plus a Schedule which is substantially shorter and simpler than the previous 10 page document;
  • meeting the new best practice standards established by the Indigenous Australian Art Commercial Code of Conduct – art centres adopting this template as their membership agreement will meet the Code’s standards of ethical behaviour for art dealers and galleries operating in the Indigenous art industry; and
  • incorporating provisions to deal with the resale royalties legislation – the agreement obligates art centres to assist artists to register for, and collect, resale royalties.

Arts Law urges all art centres to review their existing agreements or, where written agreements have not been used, to consider the Arts Law template which can be downloaded from our website at no cost.

In developing the new agreement, Arts Law acknowledges the invaluable assistance of our recent secondee from the Australian Government Solicitor’s office Meher Gaven who also developed the accompanying information sheet on the Code and the generous donation by artist (and Tjukurba Art Gallery manager) Heather Charlton of the two watercolours used in the Schedule.


* Delwyn Everard is a senior solicitor at Arts Law


Relevant Arts Law links:
  • Artists In The Black
  • Useful links:
  • Country Arts WA
  • Email to a friend

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