Arts Law Centre of Australia

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”.

Alternative Dispute Resolution or ADR refers to processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them. ADR can also be used to mean ‘assisted’ or ‘appropriate’ dispute resolution. Learn more about the ADR process.

Alternative Dispute Resolution or ADR are processes to resolve disputes without going to court, including by mediation and expert determination. This information sheet discusses different types of ADR and how the Arts Law mediation service works.

These Guidelines set out the steps of the Alternative Dispute Resolution (ADR) options under the ADR service provided by the Arts Law Centre of Australia (Arts Law’s ADR Service). 

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).

An artists has rights which are enforceable under law, and they also have duties to other people. This information sheet explains what ‘liability’ means under the Australian Consumer Law and covers some of the legal duties and obligations that are relevant to artists and creators.

With the rise of e-books and the popularity of self-publishing, there are now companies that offer self-publishing services such as editing, proofing, and design.If you're feeling like you want more information on the legal issues around this, this information sheet is for you.

This information sheet provides an overview on professional names, including the steps you can take to protect your Business names, Trade Marks and Domain Names.

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.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in the Australian Capital Territory should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises ACT laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

Federal, State and Territory laws all impact on how an artist works with children as part of the creative or artistic process. This information sheet looks at Australia’s national laws relevant to working with children including the censorship regime related to the classification of films, computer games and other publications.

This information sheet must be read together with the information sheet that is specific to the state or territory in which the artist is working.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in New South Wales should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises NSW laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in the Northern Territory should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises NT laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in Queensland should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises QLD laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in South Australia should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises SA laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. This information sheet must be read in conjunction with the general information sheet Children in the creative process – Australia since that fact sheet explains how the various federal laws operate. This information sheet explains how the South Australia laws relate to you as an artist working with children. It includes information about the employment of children, background checks, pornography and obscenity offences and the application of classification legislation in South Australia.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in Tasmania should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises TAS laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in Victoria should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises VIC laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

When artists work with children, whether as part of a community project or an educational workshop, or where children are actors, performers or models, specific legal obligations and duties arise.

This information sheet outlines the legal issues artists or arts organisations in Western Australia should consider when they contemplate working with or using children in any part of the creative or artistic process. It covers the duties of employers and the requirements for police and working with children checks.

It also summarises WA laws relating to child pornography and obscenity.

National laws as well as State and Territory laws are relevant. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

Artists should be aware that they might be required to have their works classified. Whether an artist has an obligation to have a particular work classified depends on a number of factors, including the medium of the work, its content and how it is being used.

This Information sheet explains the different classification systems that apply to different types of creative works including films, computer games, publications and artworks as well as the available exemptions such as for festivals. This scheme is administered by the Classification Board. This information sheet also discusses the regulation of content for television, radio and internet by the Australian Communications and Media Authority as well as the voluntary labelling guidelines for audio tapes, records and CDs that have been developed by the Australian Record Industry Association (ARIA) and the Australian Music Retailers' Association (AMRA).

This information sheet considers some issues you should consider before entering creative competitions.

This information sheet contains a list of some of the more common legal terms that you might come across in negotiations as well as words and expressions that may appear in an agreement. 

Contracts can be confusing to get your head around. This information sheet is an introduction to contract basics. 

This information sheet explains the requirements for a legally binding contract and discusses some contractual pitfalls, when terms are implied in contracts and the rectification of omissions of terms.

Copyright provides a way for artists to protect and monetise their creativity. Knowing how to license copyright and earn a royalty gives artists a way to make money from their work. This information sheet will introduce you to some of the copyright basics.

Learn what copyright infringement looks like and what steps you can take if you think you're copyright has been infringed.

An introduction into how one can go about chasing payment that is owning to them in the ACT. It provides clarification on the small claims procedure in the ACT.

An introduction into how one can go about chasing payment that is owning to them in New South Wales. It provides clarification on the small claims procedure in NSW.

An introduction into how one can go about chasing payment that is owning to them in the Northern Territory. It provides clarification on the small claims procedure in the Northern Territory.

This information sheet provides an introduction into about how one can chase outstanding payment in Queensland. It provides clarification on the small claims procedure in Queensland.

This information sheet provides an introduction into about how one can chase outstanding payment in South Australia. It provides clarification on the small claims procedure in South Australia.

This information sheet provides an introduction into about how one can chase outstanding payment in Tasmania. It provides clarification on the small claims procedure in Tasmania.

This information sheet provides an introduction into about how one can chase outstanding payment in Victoria. It provides clarification on the small claims procedure in Victoria.

This information sheet provides an introduction into about how one can chase outstanding payment in Western Australia. It provides clarification on the small claims procedure in Western Australia.

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. 

This information explains the difference between a disclaimer and an exclusion clause in a contract and the circumstances when a risk warning should be used. It explains when you should use them, what they mean and the effectiveness of such clauses or statements in limit liability for injury, loss or damage. This information sheet should be read in conjunction with our insurance and liability information sheet.

This fact sheet provides information on the nature of copyright in dramatic works, the rights of copyright owners, when to get permission from the copyright owner, exceptions to the need to get permission, duration of copyright and royalties.

This information sheet provides information about employment law in NSW for employees, contractors and volunteers, including employers’ legal obligations under the Fair Work Act 2009 (Cth). 

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. 

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will in the ACT. 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.

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.

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away without making a will in the NT. 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.

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.

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.

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.

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.

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.

Accidents can happen when you operate a business or conduct your creative activity. It is important you understand your ‘liability’ or legal responsibility to compensate for damage or injury to people and property. This information sheet explains liability, risk management  and insurance. 

Moral rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or the copyright in the work. Moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment. 

Patents are a way of protecting inventions. If you have created a useful product or process, you may be entitled to register a patent. This information sheet provides a description of the types of inventions eligible for patent protection. It also provides an outline of how to apply and who can apply for a patent, as well as information on business method patents.

Actors, circus performers, musicians, dancers and other live performers may have performers’ rights in their performances, read on to learn more about these rights.

Performers such as actors, conductors, singers and musicians have rights which are separate from the rights of the authors, filmmakers, composers and songwriters who create the works that are performed. In this information sheet, we discuss the rights of musical performers that recognise the creative connection between musicians and the music they perform – whether or not it is music and songs which they wrote themselves.  

This information sheet provides general information about the private sector and privacy laws.

How to protect ideas and an outline of confidentiality law. This information sheet includes a sample confidentiality agreement.

Public art commissions create exciting opportunities for artists, allow Australians to enjoy aesthetically beautiful environments, and stimulate community engagement with the arts. Learn how to get the most benefit to yourself as an artist, your council and your community.

The Internet provides artists with a platform to access a worldwide audience for their work.  Social media, in particular, is a ready-made do-it-yourself mechanism for distributing, promoting, exhibiting and even selling creative content whether music, visual art, film, literature or other multi-platform art forms. This information sheet addresses the legal issues that can arise for artists using social media to publish their work.

The art of oral story telling is a fluid art form, and legal issues including copyright, moral Rights and Indigenous Cultural Intellectual Property can arise. Read on to learn more about protecting your rights in this form of story telling.

This information sheet provides a summary of, and guide to, the superannuation guarantee charge, including the different aspects of superannuation and the responsibilities of employers, employees and self employed workers.

This information sheet explains the purpose of a ‘takedown notice’. It includes the procedure to follow if you believe a website has breached your intellectual property rights and you want the infringing material to be taken down.

An explanation of who can apply for a trade mark, how to register a trade mark, and what can be registered as a trade mark. An overview of the registration process, reasons why a application may be refused and preventing others to use your trade mark.

This information sheet covers the most important issues that a person should consider and possibly address in a contract when engaging a website developer to create a website.

This Wills Kit has been developed to assist families of Indigenous visual artists who made a will before they passed away. If the artist passed away without making a will, see the NSW Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.

This Wills Kit has been developed to assist families of Indigenous visual artists who made a will before they passed away. If the artist passed away without making a will, see the NT Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.

This Wills Kit has been developed to assist families of Indigenous visual artists who made a will before they passed away. If the artist passed away without making a will, see the QLD Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.

This Wills Kit has been developed to assist families of Indigenous visual artists who made a will before they passed away. If the artist passed away without making a will, see the SA Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.

This Wills Kit has been developed to assist families of Indigenous visual artists who made a will before they passed away. If the artist passed away without making a will, see the VIC Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.