Business structures, governance & tax
Agency agreements

Actors, musicians and bands often appoint agents or managers to act on their behalf. Visual artists often have a dealer who represents them. The manager or agent can enter into contracts that are binding on the person who appointed them (the principal). There are specific legal rules which apply to these agency relationships.

This information sheet explains what an agency is, how it is created, the authority granted to an agent, an agent's obligations, and the important terms of agency agreements. It also deals with any state legislation that applies to agents, managers and venue consultants in the entertainment industry. Bands and visual artists should also read the Music management checklist and Artist-gallery checklist.

Auspice Agreements

When a group of individuals (the Group) form to carry out a ‘one-off’ project (such as an exhibition, performance or show) they may not want to create a formal legal entity just for that project (such as an incorporated association, co-operative, company limited by shares or a company limited by guarantee).

Business Structures for Filmmakers

Filmmaking can be undertaken by one person, or a small group, or with an extensive cast and production and post-production crew managed by a number of ‘producers’ with different job descriptions and titles. The choice of a business structure will be influenced by the complexity of the production and the risk of things going wrong in the production. This information sheet considers the advantages and disadvantages of the following business structures: operating as a sole trader; as a partnership; and as a company. Each of these business structures will be considered as well as the procedure for establishing each business structure.

Charities and Not-For-Profits Commission

This information sheet provides an overview of the Australian Charities and Not-for-profits Commission (ACNC) and some of the consequences of the Australian Charities and Not-for-profit organisations Commission Act 2012 (Cth) (ACNC Act) for arts organisations that are ‘not-for-profit’ organisations that meet the legal definition of being a ‘charity’. The ACNC Act came into force on 3 December 2012.

This information sheet could be relevant to any institution or organisation that is a public library, public museum or public art gallery or an Indigenous Art Centre or any ‘not-for-profit’ organisation, where that institution or organisation satisfies the legal test of having a charitable purpose that is for the public benefit.

Computer Game Design and Development

Creating games raises a myriad of legal issues. Learn how to protect rights and when to use our sample agreements Game Development Services Agreement, Game Loan Agreement, Music Commission Agreement for Games and Music Licence for Games.

Creative enterprise hubs in NSW: Employment issues

Creative Enterprise Hubs are a way forcouncils, communities and local businesses to nurture creative, artistic and cultural projects and enterprises by giving them short term access to unused or abandoned spaces. This brings life and energy back to the area with resulting benefits to local business and residents. Both the body administering the Hub and the arts practices participating in the Hub are likely to work with employees, contractors or volunteers. This information sheet explains the obligations of businesses involved in Creative Enterprise Hubs to their employees, contractors and volunteers.

This information sheet is part of a suite of documents for Creative Enterprise Hubs.

Film Financing

A number of funding options exist for film makers, including the “Producer Offset”/ “Producer Rebate” scheme, and private avenues such as crowd funding. Each of these funding options is explored in more detail in this information sheet. Arts Law has a sample Film Loan Agreement and a Games Loan Agreement which may be relevant.

Governance (AITB)

Good governance is crucial for running a healthy organisation. This information sheet describes the fundamentals of good governance and provides links to further resources.

Music Copyright and Publishing for Bands and Recording Artists

Composers, lyricists, independent recording artists and bands that own the copyright in their music can derive income through the licensing and performance of their compositions and sound recordings. This information sheet explains music copyright and royalties, the role of collecting societies such as APRA/AMCOS and PPCA, and music publishing. Sample agreements that may be relevant include Music Recording agreements guide, Music Studio Recording Agreement for Unsigned Artists and Session Musician’s release

Using brands and products in film

This information sheet covers the legal issues as well as the money-making opportunities that exist when placing products in films.