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Practical effects of the ACNC

In the 2011-2012 Budget, the Federal Government announced reforms to the regulation and governance of charities and not-for-profit (NFP) organisations.  The reforms are aimed at rectifying inadequacies in the current framework by simplifying how the NFP sector is regulated. The effect will be the reduction of red tape, in addition to improving public trust and support of the NFP sector by increasing transparency and accountability and ensuring tax concessions are correctly utilised.

When the media infringes your rights

What are your legal rights when the media publishes your artwork or photograph in a print or online version without your permission? What copyright and moral rights apply and what can you do to rectify the situation?

Traditional Knowledge Licences and Labels

The Problem

While international treaty negotiations about problems associated with intellectual property (IP) and Indigenous peoples’ traditional knowledge have made headway, there are still problems that continue to be experienced by Indigenous individuals, families, clans and communities. It is necessary to focus on the development of practical, strategic solutions to very specific IP issues facing Indigenous peoples. One of these foci is how to deal with the ownership, access and control of both cultural material that has been previously documented and recorded and now resides in cultural institutions worldwide. Another involves uses of those cultural materials by Indigenous peoples and communities for community-based archival projects, for cultural heritage preservation purposes, and for projects where Indigenous communities maintain a leading role in determining what cultural traditions and practices can be shared with audiences outside the community.

The Google Art Project, copyright and the future of museums

‘Are the artworks ours to give? Are they ours to withhold?’[i]

The Google Art Project (GAP) is a new development in the field of online museums. Unlike, for example, websites of individual museums, it allows users to view collections of visual artworks from galleries around the world on one online platform, searching by artist, artwork or collection. GAP raises important concerns for arts administrators; however as it is only in its infancy there is scope for the issues to be resolved over time and for GAP to make an enduring contribution to public access to, and education about, art.

[i]Peter Samis, quoted in Zucker, Steven and Beth Harris, ‘Why the Google Art Project is important’, E-Literate, 29 May 2012, http://mfeldstein.com/why-the-google-art-project-is-important,

Camera rolling and… Action! Top 10 legal issues for filmmakers to consider

Filmmaking is a highly creative process involving the intense collaboration of a vast number of people in order for a production to be completed successfully, on budget and on time.  Before getting the show on the road, a number of legal issues have to be considered by the filmmakers.  As essential as a camera, these legal issues are key to the exploitability of the film and the protection of the filmmakers themselves.  

In this article, Arts Law outlines the Top 10 legal issues all filmmakers should contemplate prior to commencing the creative filmmaking process.

The New National Business Name Register

On 28 May 2012, a single national register of business names commenced, replacing the former State and Territory registers. The national business names register is administered by ASIC and makes publicly available the identity of the person or entity carrying on business under a business name and contact details for the person or entity.

Perspectives on performer’s rights: French or Australian, a matter of point of view

From the perspective of most performing arts practitioners, performers play a vital role in the artistic creative process. An actor’s or musician’s interpretation of a theatrical work or musical composition can add unique and unforgettable nuances to the performance. Although not regarded as the author of the work in the way that the playwright, choreographer or composer is, they are an essential link between the author and the audience. In recognition of the special contribution made by performers in the communication of copyright works, Australian law now gives performers a limited class of legal rights. In France, the intrinsic significance of the performers’ role has long been understood to be deserving of protection and the rights of performers are substantially greater. This article examines the differences between the two systems.

Copyright and the Digital Economy (ALRC Inquiry 2012-2013)

Digital technology provides creative opportunities as well as challenges for artists, rights holders and consumers of copyrighted material. The emergence of social networking sites, video sharing sites and the further evolution of search engines have resulted in what some commentators describe as Web 2.0. Those internet developments, and the roll out of the Australian National Broadband Network, highlight the importance of the digital economy and the potential for future opportunities and economic and cultural development through new digital technologies. Arts Law’s submission to the Australian Law Reform Commission (ALRC) inquiry is an opportunity to put forward the concerns of artists in light of any suggested amendments to the Copyright Act 1968 (Cth) (Copyright Act).

Music streaming services and licensing fees – How do artists fare?

The last 12 months have seen a huge influx of digital music-streaming services ("MSSs") such as Spotify into the Australian online music market. These services offer subscribers unlimited access to stream from an online library of millions of songs in exchange for a subscription fee (or in some circumstances, offer free access with advertisements). This model is a departure from the concept of "owning" music, and is set to redefine the way music is consumed.

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