Category: Advocacy and law reform

A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy

7th November 2011

The Arts Law Centre of Australia (Arts Law) is pleased to comment on the Commonwealth Government’s Issues Paper, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy, (Issues Paper) released in response to the recommendations of the Australian Law Reform Commission (ALRC).

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ALCA is proud to announce the establishment of the Darwin Aboriginal Art Fair Foundation.

23rd April 2012

The Arts Law Centre of Australia is proud to announce the establishment of the Darwin Aboriginal Art Fair Foundation. Through its Artists in the Black pro bono casework service, a new company has been set up to run the Fair with a board chaired by the Senior Curator of Aboriginal and Torres Strait Islander Art at the National Gallery Franchesca Cubillo and key representatives of the Indigenous arts sector. It represents a significant new stage in the Darwin Aboriginal Art Fair’s  development and growth. This year’s fair will take place at the Darwin Convention Centre from 10-12 August, 2012.

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Arts Law Congratulates the WA Music Industry Association WAM Song of the Year Competition

9th May 2012

 

Arts Law Congratulates the WA Music Industry Association on the WAM Song of the Year Competition

Arts Law often contacts the sponsors of arts prizes and competitions urging them to amend their terms and conditions so that they are fairer to entrants and don’t result in a ‘rights grab’ from artists who don’t end up winning anything. We didn’t have to do anything when we looked at the WAM Song of the Year competition terms. It doesn’t take any more from the musicians entering the competition than it needs to. We couldn’t find anything unfair hidden in the small print. Rights are licensed only by the  category nominees who allow their songs to be posted online for public voting and category winners whose songs may be included on the compilation CD. Unsuccessful entrants don’t give up any copyright- not even a licence. Well done WA Music!!

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Arts Law seeks improved intestacy laws for Indigenous West Australians

30th September 2008

Arts Law is lobbying the West Australian Government for changes to the laws concerning the administration of the estate of intestate Indigenous people. Delwyn Everard explains why these changes are required.

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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.

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Arts Law submission on the National Cultural Policy (NCP) discussion paper

24th October 2011

The Australian Government is developing a National Cultural Policy. Arts Law  is pleased to provide its submission on the National Cultural Policy (NCP) discussion paper.

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Australian Law Reform Commission Classification Review

3rd November 2011

Arts Law's submission to the Law Reform Commission Classification Review.

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

29th May 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 made a submission on the discussion paper relating to the proposed changes.

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Communications Legislation Amendment (Content Services) Act 2007

28th May 2007

The Communications Legislation Amendment (Content Services) Act 2007 (Cth) deals with the regulation of content services delivered over convergent devices.

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Copyright Agency’s 2012 Annual Seminar: Digital Publishing Today

19th January 2012

Copyright Agency’s 2012 annual seminar, Digital Publishing Today, will be held in Melbourne on Thursday 23 February at the State Library of Victoria.

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Crown copyright

8th April 2004

Brief submission to the Federal Government supporting submissions made by Australian Copyright Council and others.

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Directors’ copyright

30th July 2005

Arts Law made a submission to the Senate Legal and Constitutional Committee on the need to broaden the very limited rights to copyright for film directors that the Government proposed in June 2005.

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Entertainment Industry Act (NSW)

30th July 2009

Arts Law made a submission to the Better Regulations Office on the Entertainment Industry Act (NSW).

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Fair use and fair dealing

8th July 2005

Arts Law made a submission to the review by the Federal Government to examine whether changes needed to be made to the fair dealing exceptions in the Copyright Act.

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Free Trade Agreement with the USA (USFTA)

16th April 2004

Arts Law was a member of the Australian Coalition for Cultural Diversity (ACCD) and party to numerous submissions made by the ACCD on the USFTA.  Arts Law made a submission in April 2004 and gave evidence to the Joint Standing Committee on Treaties (JSCOT).

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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.

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Greater Transparency in Fees charged by Copyright Collecting Societies

12th March 2012

The Arts Law Centre of Australia has successfully lobbied Copyright Agency Limited, Screenrights and Viscopy to make changes to the information available on their websites concerning the fees charged by them to administer the collection and distribution of copyright royalties.

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Indigenous Australian Art Commercial Code of Conduct

20th March 2009

Arts Law submission to the Australia Council for the Arts on how the Australian Indigenous Art Commercial Code of Conduct will impact on Indigenous Artists.

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Indigenous Communal Moral Rights (ICMR)

23rd January 2004

Arts Law made a submission to the Federal Government in January 2004 after the Federal Government indicated in 2003 that it intended to introduce ICMR legislation amending the Copyright Act and circulated a draft bill.

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Indigenous communal moral rights (ICMR) II

1st March 2006

Arts Law has continued its advocacy on the Copyright Amendment (Indigenous Communal Moral Rights) Bill.

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Indigenous Cultural Heritage

16th December 2009

Arts Law submission in response to the Indigenous Heritage Law Reform Discussion Paper.

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Indigenous Culture and Festivals

12th March 2012

Read the latest issue of the World Intellectual Property Organization’s magazine.

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Licence Fees Paid by Radio for use of Sound Recordings

18th March 2005

Arts Law made a submission to a review by the Federal Government on the 1% cap on the licence fees paid to the PPCA for the playing of sound recordings on radio.

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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.

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National Human Rights Action Plan

2nd September 2011

The Federal Government is developing a National Human Rights Action Plan to outline future action for the promotion and protection of human rights. Part of this Action Plan was the Baseline Study survey on the experience and protection of human rights in Australia. Arts Law contributed a submission identifying issues relevant to the arts.

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National Consultation on Human Rights

15th June 2009

Arts Law made a submission to the National Consultation on Human Rights asking that the Government puts legislation in place to protect the human rights affecting artists.

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National Cultural Policy

5th May 2010

Arts Law submission to The Hon Peter Garrett AM MP, Minister for the Environment, Heritage and the Arts about the National Cultural Policy.

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National Cultural Policy

3rd April 2012

Federal, State and Territory Arts and Cultural Ministers met in Melbourne last week to discuss the development of the National Cultural Policy.

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National Human Rights Action Plan for Australia

2nd March 2011

Arts Law made a submission to Attorney-General's Departmenton in regards to its Background Paper "A New National Human Rights Action Plan for Australia".

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National Indigenous Photo-Media Forum

27th January 2012

The Forum will present emerging and established Aboriginal and Torres Strait Islander photographers and photo-media artists with the opportunity to join key photo-media industry specialists, artists and educators from across Australia.

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NCIPC to re-examine the terms and conditions of its Indigenous music competition

30th April 2012

The National Cannabis Prevention and Information Centre (NCPIC) recently released terms and conditions for the 2012 Aboriginal and Torres Strait Islander Music Competition that it is running. After looking at the terms and conditions of entry, Arts Law contacted the NCPIC to discuss some of the conditions which we thought were unnecessarily onerous for entrants who did not win anything after entering their song. The NCPIC were really receptive to the feedback and want to create a fairer set of terms and conditions. They are working with Arts Law to improve these. We’ll keep you posted on when the new and improved terms and conditions are released.

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NCPIC’s new terms and conditions 10 May 2012

10th May 2012

The National Cannabis Prevention and Information Centre (NCPIC) has now released a new set of terms and conditions for the 2012 Aboriginal and Torres Strait Islander Music Competition following feedback from Arts Law. Arts Law had contacted the NCPIC to discuss some changes which they could implement to make these terms and conditions more fair for the entrants. The NCPIC have made a number of these recommended changes. Importantly, the terms and conditions now do not require that non winning or finalist entries give up any of their rights in the songs they submit. If you are considering entering the competition and would like advice about the terms and conditions before you do so, please get in touch with Arts Law to use our document review service.

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NSW artistic merit defence

29th January 2010

Arts Law submission to the NSW Department of Justice and Attorney General on proposed changes to artistic merit defence in NSW.

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Performers Rights to be examined at WIPO

4th May 2012

Australia will be attending the WIPO Diplomatic Conference on the Protection of Audiovisual Performances to be held in Beijing in June this year.

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Privacy

15th January 2007

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

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Proposed Private members bill to amend the Interpretation Act 1987 (NSW)

1st November 2011

The Arts Law Centre of Australia is proud to make a submission on the proposed changes to the Interpretation Act 1987 (NSW).

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Protocols for working with children in art

27th November 2008

Arts Law submission to Australia Council for the Arts on the Protocols for working with children in art.

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Resale rights for artists

13th August 2004

Arts Law made a submission to the Federal Government review on the issue of a resale royalty for visual artists.

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Resale Royalty payments pass $400,000 – Arts Law congratulates the Copyright Agency!!

23rd April 2012

Resale Royalty payments pass $400,000 – Arts Law congratulates the Copyright Agency!! Copyright Agency Limited has announced that the resale royalty scheme, which was launched last year has been a great success. The number of eligible resales had exceeded 3,600 at the end of March 2012, and over $400,000 in royalties has been paid to artists. The Arts Law Centre of Australia encourages all artists to register with the Copyright Agency, so that they might be contacted when any of their works are eligible for a resale royalty. 

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Review of Australian Privacy Law: Discussion Paper 72

5th November 2007

Arts Law submission to the Australian Law Reform Commission on the Review of the Australian Privacy Law: Discussion Paper 72.

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Safeguarding Cultural Heritage - The Case of the Sacred Wandjina

20th December 2011

Delwyn Everard, Senior Solicitor at the Arts Law Centre of Australia discusses the challenges Aboriginal communities face in protecting their cultural heritage.

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Sedition

6th June 2006

Arts Law has been active in campaigning and made a submission in relation to the Government’s sedition laws, considered likely to have a chilling effect on artists across all art forms.

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Senate Inquiry into classification

5th May 2011

If you are interested in the ALRC Review of the National Classification Scheme, you might also like to read Arts Laws Submission to the Senate Inquiry into the Australian film & literature classification scheme from March 2011.

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Senate inquiry into the Indigenous Visual Arts and Crafts Sector

27th November 2006

Arts Law made a submission to the inquiry of the Senate Environment, Communications, Information Technology and the Arts Committee into Australia’s Indigenous Visual Arts and Crafts Sector.

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Submission on the proposed Tasmanian Human Rights Charter

14th January 2011

Arts Law submission to the Tasmanian Government regarding the proposed model for a Human Rights Charter.

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Submission to the ALRC Classification Review

15th July 2011

Arts Law has made a submission to the Australian Law Reform Commission's review of the National Classification Scheme as part of the first stage of public consultation to make sure the arts are heard in this debate.

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Submission to Treasury on financial reporting requirements for unlisted public companies

17th August 2007

Arts Law made a submission in relation to an inquiry by the Commonwealth Treasury into financial reporting for unlisted public companies regarding financial report for not for profit (NFP) companies operating in the arts.

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Tax

19th January 2005

After 7 years of advocacy by Arts Law and advocacy partner, National Association for the Visual Arts (NAVA), the Australian Tax Office has made a public ruling on what it means to be carrying on a business as a professional artist.

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Tax Submission

1st March 2004

Arts Law was actively involved in joint advocacy strategies with NAVA and supported by tax lawyers Judy Sullivan and Jill Savage of Mallesons as well as Delia Browne in getting a public ruling which properly recognises the way artists carry on their arts businesses.

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The National Cultural Policy Postponed!

9th May 2012

The National Cultural Policy Postponed!

It’s nearly 20 years since the release of Paul Keating’s “Creative Nation” and the art sector had hoped that the Federal Government was releasing its new strategic vision for the arts with the Budget. It wasn’t. Apparently, as the Age reported last week, current fiscal constraints are such that  “there are no spare funds to allocate to a new arts policy” at the moment.  However, Arts Minister Simon Crean has assured the arts sector that the Policy will be finalised later this year and will take into account the findings of the recent Convergence Review and the forthcoming review of the Australia Council. Arts Law is a member of lobby group ArtsPeak which has made submissions on the draft policy.

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WA Governments administration of Aboriginal wills and estates

19th March 2012

Kimberley Aboriginal Law and Cultural Centre (KALACC) passes a resolution urging the repeal of the Government of Western Australia's administration of Aboriginal wills and estates.

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Working with children protocols

3rd February 2010

Arts Law submission to the Australia Council for the Arts about working with children protocols.

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