Artists often have questions about whether their work defames someone. This information sheet describes the law of defamation (sometimes called libel or slander) and explains how to minimise the risk of defamation and what the defences are if you are threatened with a defamation action.
The Australian Constitution does not expressly protect the freedom of expression and there are also limitations that can inhibit creative freedom in some situations, including defamation, anti-vilification, classification and censorship laws and the treason and urging violence offences.
Posting or publishing written work online, whether on your personal or artist website, on social media (including Facebook, Twitter or Pinterest) or via a blog can create a number of legal issues including copyright, defamation or trade practices. This information sheet discusses some of these issues and should be read…
This sample Artist in Residence Agreement should be used where an artist/writer/craftsperson has been granted permission to use a studio or other type of residency accommodation, whether live-in or not, and often pursuant to a funding grant. The artist is primarily left to his/her own means and
This sample Artist/Gallery Agency Agreement can be used when an artist wishes to enter into a long term relationship with a gallery where the Gallery acts as an agent for the exhibition, sale or promotion of the Artist’s artwork. The Artist must determine the extent to which the
Deborah Doctor outlines the recent changes to defamation law in Australia.
When it comes to making a statement online it may seem like anything goes: blog rant, LOL-cap someone's photo, flame a forum, whatever. Yet while the Internet is a fantastic space where anyone can have a say on anything it's important to remember that 'real world' defamation laws still apply.
In the recent decision of O'Neill v Australian Broadcasting Corporation, Roar Film Pty Ltd and Davie  TASSC (22 April 2005) the Supreme Court of Tasmania considered whether the reputation of a criminal can be lowered, to found a claim for defamation. Joanna Kamath reports.
Arts Law was approached by Prue Moriarty, an author, who was seeking advice about her novel, The Hunt for Code Polaris, which is a psychological thriller about espionage during the Cold War. Specifically, Prue sought advice on how she could protect the copyright in her novel and avoid defamation risks…
In mid 2010, Arts Law was contacted by an author who written an autobiographical book about her experience as a victim of domestic abuse. She contacted Arts Law to obtain legal advice outlining the risks of breaching defamation laws due to her use of real life people and events in…
The election of US President Trump has undoubtedly stirred buzz in the Internet world and artists are responding to the impact he is having on the world. But this brings with it legal issues for artists, including for musician Moses Mcabe.
A completely revised and updated third edition of Shane Simpson’s seminal book, The Visual Artist and the Law.