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| ARTS LAW CENTRE OF AUSTRALIA |
Issue 2 - June 2010 |
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Appropriation art: an overview of copyright and consumer protection issues for artists |
| Dan Posker & Cameron Patience |
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Appropriation in art gained recent media attention following the awarding of the 2010 Wynne Prize to Sam Leach. This article outlines some of the copyright and consumer protection issues facing artists in the context of appropriation.
( Read more ) |
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Nothing Like Australia Competition: just unAustralian |
| Suzanne Derry Bahadori |
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Recently Tourism Australia ran a competition called 'Nothing like Australia' which attracted 29,031 photo entries. While the competition itself may have seemed innocuous it was the face of a set of very onerous terms and conditions. ( Read more ) |
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Artists Beware of Dealers Selling Fakes |
| Moira C. McKenzie |
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A Victorian Supreme Court case in March 2010 brings hope to artists seeking to protect their reputations against art dealers selling fake artworks. The case, Blackman v Gant, involved eminent Australian artists Charles Blackman and Robert Dickerson bringing action against the art dealer who sold fake artworks under their names. ( Read more ) |
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E-Clauses in Book Publishing Contracts |
| Andrea Allan |
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The demand for iPads and e-readers continues to grow extraordinarily. This article focuses on e-clauses in publishing agreements and identifies issues to watch out for with the licence for electronic formats. It also discusses one of the impacts of e-clauses, higher royalty rates. ( Read more ) |
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This Is Us: Establishing Your Performing Name |
| Jo Teng |
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So you've found your band members, you've got the instruments, you've come up with some great songs you're ready to show the world - but what's your name? More importantly, how are you going to make sure it stays your name not just for now, but for your future career? ( Read more ) |
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Raw Law. Your Art. Your Rights. |
| Rebecca Laubi |
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Over the past year Arts Law has been involved in Raw Law, a challenging but rewarding project initiated by Arts Access Victoria. The Raw Law project aims at providing accessible legal information on arts law issues for people with disabilities. ( Read more ) |
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Australia's resale royalty scheme for visual artists commenced on 9 June 2010. The scheme enables visual artists to receive 5% of the sale price when their works are resold in the secondary art market for $1,000 or more, and will be managed by the Copyright Agency Limited. Click here for more information.
The internet filtering legislation has been delayed by the Australian Government until after the federal election. The issue of internet filtering and censorship was discussed in the March 2010 issue of ART+law.
The Australia Council has released a revised version of its 'Children in Art' protocols which can be accessed here. Arts Law was actively involved in providing feedback to the Australia Council on the difficulties the protocols have caused, and continues to hold the view that these protocols are unnecessary and an additional hurdle for artists and arts organisations applying for or using limited funding.
EVENTS
The next Arts Law Gunnery Seminar, YouTwitFace: the legal business of being creative online, will be held on 27 July 2010 in Woolloomooloo. This seminar will explore the legal issues for artists using online social networking and user-generated content sites for promotion. Click here for more info.
PUBLICATIONS
Creative Enterprise Hubs Suite
In association with Arts NSW, Arts Law has prepared a suite of documents as a blueprint for councils, communities and local businesses interested in the development of Creative Enterprise Hubs. Creative Enterprise Hubs nurture creative, artistic and cultural projects and enterprises by giving them short term access to unused or abandoned spaces pending development or commercial rental. Click here to access this suite.
Sample Website Terms Of Use
Arts Law has released a new sample Website Terms of Use agreement for artists and arts organisations with their own website. It is suitable for use on websites with or without a blog or public forum. Click here for more information. |
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Spotlight - a pro bono success story |
| Robert Lempens |
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Earlier this year Arts Law arranged volunteer legal advice for an Indigenous artist from the Ceduna Arts & Cultural Centre. The artist had been forwarding artworks to a company for them to sell and was owed nearly $4,000, however the company seemed to have disappeared. ( Read more ) |
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A New Peak Body for WA Aboriginal Art Centres |
| Delwyn Everard |
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A new peak body for Aboriginal art centres in Western Australia has been established by Country Arts WA. Arts Law was contracted to deliver a series of workshops to its members over May and June. ( Read more ) |
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The Cultural Ministers Council, through the Department of Environment, Water, Heritage & the Arts, has engaged Arts Law to deliver the Indigenous Intellectual Property Toolkit to increase awareness of intellectual property and promote best practice. Click here for more information.
PUBLICATIONS
Arts Law has revised its Artist and Art Centre Agreement for use by Aboriginal and Torres Strait Islander art centres. It now contains provisions dealing with the Code of Conduct for Indigenous Art and resale royalties. Arts Law urges all art centres to review their existing agreements. Click here for more information.
 Artists In The Black is now on Facebook! Click on the icon to find us! |
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Gunnery Seminar
Arts Law will be holding its second Gunnery Seminar YouTwitFace: the legal business of being creative online in July 2010 for artists and arts organisations. ( more )
Congratulations & Thank You
The Hon. Justice George Palmer, Meher Gaven ( more )
Comings & Goings
Lynne Guaglione, Nic Giannantonio ( more )
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Arts Law would like to thank the following people for their valuable time and assistance in April-June 2010.
ADELAIDE: Robert Lempens (Camatta Lempens)
BRISBANE: Nadia Braad (Bennett & Philp), Andrew Cardell Ree (Herbert Geer), Elliot Dalgleish (QLD Bar), Jamie Doran (Clayton Utz), Harold Littler (McKays Solicitors)
Canberra: Jasmine Morris (Attorney-General's Department)
HOBART: Madeleine Ogilvie (Derwent & Tamar Chambers)
MELBOURNE: Andrea Allan (Rockwell Bates), Romani Benjamin (Dwyer & Co), Krystil Carter (Gibsons Solicitors), Jerry Gomez (Gomez Partners), Julian Hewitt (Media Arts Lawyers), David Jackson (Freehills), Michael O'Farrell (Malthouse Chambers), Zero Partos(Barrister-at-law), Stephen Rebikoff (Vic Bar), James Samargis (Barrister-at-law), Darren Sanicki (Darren Sanicki Music & Entertainment Lawyers), Campbell Thompson (Freehills), Michael Tucak (Creative Legal), David Vodicka (Media Arts Lawyers), Mark Williams (Williams Solicitors), Gillian Wong(NAB), Tracey Wren (Orica Australia)
PERTH: Jarod Benson (Minter Ellison), Jamie Lyford (Elevation Partners), Stephanie Quansing (Freehills)
SYDNEY: Andrew Ailwood (Allens Arthur Robinson), Charles Alexander (Minter Ellison), Troy Anderson (Queens Sq Chambers) |
Hugh Bennett (ABC), Philippa Bergin (Freehills), Valeska Bloch (Allens Arthur Robinson), Greg Bodulovic (Griffith Hack Lawyers), Melanie Bouton (Freehills), Stephen Boyle, Stephanie Bragg (Clayton Utz), Peter Callaghan (Clayton Utz), Tim Cardiff (Allens Arthur Robinson), Christopher Chow (Simpsons), Victoria Chylek (Simpsons Solicitors), John Collins (Clayton Utz), Daryl Cox (Clayton Utz), Robert Cutler (Clayton Utz), Mark Davidson (Davidson Law), Stephen Digby (Digby Law), Deborah Doctor (ABC Legal Services), Michael Easton (Michael Easton Legal), Jackie Emery (DLA Phillps Fox), Kate Erman (CSIRO), John Fairbairn (Clayton Utz), Adrian Fisher (Allens Arthur Robinson), Katherine Giles (ABC), Gene Goodsell (Navitas Legal), Adrian Goss (ACP Magazines), Chris Govey (Allens Arthur Robinson), Alison Graham (Holding Redlich), Troy Gurnett (Middletons), Emily Hawcroft (Clayton Utz), Rohan Higgins (Blackstone Chambers),
Graeme Hodgkinson (Herbert Geer), Korina Hui (Clayton Utz), Peter Karcher (Gray & Perkins), Jim Lennon (Middletons), Gary Lo (Allens Arthur Robinson), Sally McCausland (SBS), Clare Mirabello (TressCox Lawyers), Andrew Nolan (John Holland Group), Lakshmi Rajagopalan (Griffith Hack Lawyers), Nathan Shepherd (Herbert Geer), Peter Sise (Clayton Utz), Nick Smith (Mallesons), Orana Swan (Freehills), Caroline Verge (Verge Whitford & Co), Matt Vitins (Allens Arthur Robinson), Stephen Von Munester (Von Muenster Solicitors & Attorneys), Hamish Watson, Timothy Webb (Clayton Utz), Nicole Winton (Allens Arthur Robinson), Merridy Woodroffe (G&T), Sandy Wu (Allens Arthur Robinson), Anja Yencken (Allens Arthur Robinson)
Volunteer Notetakers: Stephanie Luhrs, Jamie O'Brien (Herbert Geer)
Daytime Volunteers: Jennifer Arnup, Jessica Azzi, Vincent Floro, Sam Hatfield, Clint Lingard, Catherine Ryan, Anika Valenti, Linda Jane Vanhear, Jacqueline Winters |
GUARDIAN ANGELS
Arts Law gratefully recognises its wonderful Guardian Angels - people and organisations who provide a significant financial contribution ($1000 or more) to Arts Law to assist in delivering services to the Australian arts community: Charles Alexander; Sonia Borella; Megan Brownlow; Peter Chalk; Virginia Gordon; The Hon. Peter Heerey QC; Alison Leslie; The Hon. Devid Levine; AO RFD QC; Michael Napthali; David Marr; Professor Jill McKeough; Mary Jane McKerihan; The Hon. Justice George Palmer; Bob Poolman; David Robb; Julian Sexton SC; Alida Stanley and Shane Simpson.
Arts Law would also like to thank the following people for making a generous donation: Eve Abbey; Kate Erman, Francois Kunc and Norma Leslie
FUNDING & OTHER SUPPORTERS
Arts Law gratefully acknowledges the support of Lexis Nexis in the provision of library resources.
Arts Law gratefully acknowledges the financial assistance and investment of the Australian Government through the Australia Council, its arts funding advisory body; the Department of the Environment, Water, Heritage and the Arts; the New South Wales Government through Arts NSW; Government of Western Australia Department of Culture and the Arts; Screen Australia; Arts Victoria; Arts South Australia; Victoria Law Foundation; Phonographic Performance Company of Australia; NSW Law and Justice Foundation; Copyright Agency Limited; Australasian Performing Rights Association; and Arts Queensland
www.artslaw.com.au |
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