Sample Agreements
Intestacy Kit - ACT

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will. If the artist did leave a will, see the Wills Kit. The development of this resource is made possible through the support of Copyright Agency Ltd (CAL) and DLA Piper. For the complete version please download the document.

Intestacy Kit - NSW

This Intestacy Kit has been developed to assist the families of Indigenous artists who have passed away without making a will. The development of this resource is made possible though the support of Copyright Agency Ltd (CAL). For the complete version please download the document.

Intestacy Kit - NT

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will. If the artist did leave a will, see the Wills Kit. The development of this resource is made possible through the support of Copyright Agency Ltd (CAL) and DLA Piper. For the complete version please download the document.

Intestacy Kit - QLD

This Intestacy Kit has been developed to assist the families of Indigenous artists who have passed away without making a will. The development of this resource is made possible though the support of Copyright Agency Ltd (CAL). For the complete version please download the document.

Intestacy Kit - VIC

This Intestacy Kit has been developed to assist the families of Indigenous artists who have passed away without making a will. The development of this resource is made possible though the support of Copyright Agency Ltd (CAL). For the complete version please download the document.

  

Intestacy Kit - WA

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will. If the artist did leave a will, see the Wills Kit. The development of this resource is made possible through the support of Copyright Agency Ltd (CAL). and Jackson MacDonald. For the complete version please download the document.

Intestacy Kit – South Australia

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will. If the artist did leave a will, see the Wills Kit. The development of this resource is made possible through the support of Copyright Agency Ltd (CAL) and DLA Piper. For the complete version please download the document.

Intestacy Kit – Tasmania

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will. If the artist did leave a will, see the Wills Kit. The development of this resource is made possible through the support of Copyright Agency Ltd (CAL) and DLA Piper. For the complete version please download the document.

Info Sheets
Articles
Freehills Advises on The Aboriginal Planning Authority

In February 2009 the Arts Law Centre of Australia approached Freehills to provide legal advice, on a pro bono basis, concerning the application of certain provisions of Aboriginal Affairs Planning Authority Act 1972 (WA) (Act) to Indigenous persons.

No will, no way

Arts Law celebrates the announcement by the Western Australian government of its commitment to amend its intestacy laws and launches its Artists in the Black intestacy kits for families of Indigenous visual artists.

Case Studies
Albert Namatjira – copyright and a will

 

Albert Namatjira is one of Australia’s most well-known and celebrated Indigenous artists, however his family’s ability to have any legal influence over the ongoing cultural and economic management of his artworks after his death was compromised by the Public Trustee’s failure to appreciate the value and significance of copyright.

Sarrita King and Resale Royalty Rights

Sarrita King is a contemporary Indigenous artist registered for the resale royalty scheme. The resale royalty scheme for visual artists is a new scheme, brought in by the federal government in June 2010.  Under the scheme, commercial resales of artworks must be reported and artists are entitled to a 5% royalty when their works are sold for at least $1000.

News & Events
About Wills & Estates
11th August 2012

For many artists, their intellectual property in their artistic and creative output is one of the most valuable and enduring assets in their estate. If they pass away intestate, this asset is often neglected or not understand, which can lead not only to a failure to protect the artist’s artistic  legacy, but to unchecked copyright infringements and a loss of value to the artist’s family. This is particularly true for Australia’s Indigenous and Torres Strait Islander artists living in remote and regional areas. Arts Law has delivered educational wills workshops throughout Indigenous communities in all states helping artists to make wills and, through its casework service, assisted many Indigenous families to manage intestate estates. It has campaigned tirelessly for amendment to the discriminatory Western Australian legislation which takes the right to manage the estate of a deceased Aboriginal person away from family and vests it in the Public Trustee. Arts Law also advocates for improved education about the importance of wills and how to draft a will, especially among Indigenous artists and artists from minority or disadvantaged backgrounds.

AITB on the Road: Alice Springs Trip
23rd June 2015

In April 2015, Arts Law’s Deputy Director, Delwyn Everard, and I travelled to Central Australia to engage with local independent Indigenous artists in the Alice Springs area. 

Artists in the Black visits the Mid North Coast
16th June 2015

Arts Law, in collaboration with Saltwater Freshwater Arts Alliance is offering FREE legal advice workshops to Aboriginal and Torres Strait Islander Artists on the mid north coast this June.

Arts Law and Kino!
31st March 2016

We presented a short seminar in March for filmmakers at Kino Sydney's #104 Open Screen Film Night - it was a hoot!

Arts Law speaks out against discriminatory law in WA
21st March 2012

Executive director Robyn Ayres is quoted today in the Australian newspaper's article calling for the Western Australian government to repeal laws discriminating against Aboriginal people who die without making a will.

Freehills Advises on The Aboriginal Planning Authority
31st March 2010

In February 2009 the Arts Law Centre of Australia approached Freehills to provide legal advice, on a pro bono basis, concerning the application of certain provisions of Aboriginal Affairs Planning Authority Act 1972 (WA) (Act) to Indigenous persons.

Mabel King exhibition to take place after agreement is reached with the Public Trustee
23rd April 2012

The long-awaited Mabel King exhibition will be held at the Japingka Gallery, Fremantle from 4 May until 6 June 2012. King was a respected Ngarinyin Elder who painted at the Mowanjum Art and Culture Centre. Sadly, in 2006 she passed away intestate. Following negotiations between the Arts Law Centre of Australia and the WA Public Trustee, the remaining paintings have now been released for sale. We are excited to see these beautiful works, which offer a bold expression of her cultural story. This work was undertaken as part of the Artists in the Black pro-bono casework service.

System Upgrade
5th April 2012

Dear Arts Law Supporters,

We are currently doing a system upgrade. As a result, over the next couple of weeks our ability to answer your query as quickly as usual will be affected. We endeavour to get back to our usual response time as soon as we can. Your patience during this period will be greatly appreciated.

Torres Strait Workshops for Artists
9th July 2013

Two days of workshops and talks where artists can discuss and learn more about the legal issues surrounding their artforms with Arts Law's Delwyn Everard and Donna Carstens

Dates: 23rd of July 9am - 3pm & 24th of July 10.30am - 12pm

Venue: Torres Strait Regional Authority, Torres Haus, 46 Victoria Parade

WA Government repeals unfair intestacy laws
16th November 2012

An advocacy victory for Arts Law and Aboriginal people in WA was achieved on 8 November 2012 with both Houses of Parliament passing a Bill to repeal unfair intestacy laws.

Books
Visual Artists and the Law - EPUB format

The EPUB versions of the Visual Artists and the Law eBOOK. 

Here you can download the EPUB versions of publication Visual Artists and the Law.

To go back to the PDF versions click here

Other Organisations