Sample Agreements
Cultural and Intellectual Property Policy for Festivals and Performances

This sample Cultural and Intellectual Property Policy for Festivals and Performances should be used by an Indigenous Art Centre as a best practice policy in relation to all festivals or performances involving traditional forms of Aboriginal or Torres Strait Islander cultural traditional expression and knowledge which are hosted or staged by, or involve the Arts Centre.

 Sample Agreements
Copyright Licensing Agreement

This sample Copyright Licensing Agreement should be used when a person who owns the copyright in creative content wishes to give permission to another person to use their content (whether a visual artwork, text, music, film or other content) in a particular way.

Music Licence for Games

This sample Music Licence for Games (often referred to as a synchronisation licence or master licence) is for use where a game developer wants to synchronise existing music and an existing master recording of the music to a soundtrack for a game. It is appropriate when the composer of the music owns the copyright in both the music (and lyrics) and the sound recording.

Music recording agreements guide

This guide outlines the basic concepts of a recording agreement. It explains the different types of recording contracts and briefly states the formalities of forming and negotiating a deal with a record company. The checklist also has a glossary of common terms which will help you understand what is being offered in a recording deal.

Sample Website Terms of Use

These sample Website Terms of Use are for use on websites either with a blog (i.e. a public "discussion board" that allows users to post their comments for others to read and comment on) or a more traditional website without a blog.

Workshop Participation Deed

This sample WORKSHOP PARTICIPATION DEED should be used when a person takes part in a workshop in which they will create copyright material, for example by writing text, composing music, creating new dance movement or coming up with new lines for a play, and possibly performs the material created.

 Info Sheets
Business Structures

This information sheet explains the difference between incorporated and unincorporated groups and some of the other issues you need to consider when looking at what business structure would suit you or your group.

Intestacy Kit - ACT

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. For the complete version please download the document.

Intestacy Kit - NSW

This Intestacy Kit has been developed to assist the families of Indigenous artists who have passed away without making a will. The development of this resource is made possible though the support of Copyright Agency Limited (CAL). For the complete version please download the document.

Intestacy Kit - NT

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. For the complete version please download the document.

Intestacy Kit - QLD

This Intestacy Kit has been developed to assist the families of Indigenous artists who have passed away without making a will. The development of this resource is made possible though the support of Copyright Agency Limited (CAL). For the complete version please download the document.

Intestacy Kit - VIC

This Intestacy Kit has been developed to assist the families of Indigenous artists who have passed away without making a will. The development of this resource is made possible though the support of Copyright Agency Limited (CAL). For the complete version please download the document.

Intestacy Kit - WA (post 7 August 2013)

This Intestacy Kit has been developed to assist families of Indigenous artists who passed away on or after 7 August 2013 without making a will. If the artist did leave a will, see the Wills Kit. If the artist passed away without a will before 7 August 2013 please see the Intestacy Kit - WA (pre 7 August 2013)

The development of this resource is made possible through the support of Copyright Agency Ltd . For the complete version please download the document.

Intestacy Kit - WA (pre 7 August 2013)

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 Jackson MacDonald. For the complete version please download the document.

Intestacy Kit – South Australia

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. For the complete version please download the document.

Intestacy Kit – Tasmania

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. For the complete version please download the document.

WILLS KIT NT - When an Aboriginal or Torres Straits Islander artist passes away leaving a will

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 Northern Territory Intestacy kit. The development of this resource is made possible through the support of Copyright Agency Limited.

WILLS KIT QLD - When an Aboriginal or Torres Straits Islander artist passes away leaving a will.

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 Queensland Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.

WILLS KIT VIC - When an Aboriginal or Torres Straits Islander artist passes away leaving a will.

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 Victoria Intestacy Kit. The development of this resource is made possible through the support of Copyright Agency Limited.

 Info Sheets
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”.

Alternative Dispute Resolution and the Arts Law Mediation Service

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.

Children in the creative process (ACT)

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.

Children in the creative process (NSW)

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.

Children in the creative process (NT)

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.

Children in the creative process (QLD)

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.

Children in the creative process (SA)

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. It is important to read this information sheet in conjunction with the information sheet Children in the creative process – Australia.

Children in the creative process (TAS)

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.

Children in the creative process (VIC)

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.

Children in the creative process (WA)

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.

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.

Classification and censorship

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).

Contracts: A glossary of jargon

When negotiating, discussing, entering or arguing about an agreement, a vocabulary of unfamiliar word and expressions may be introduced into the conversation.

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. This information sheet should be read in conjunction with Arts Law’s information sheet Contracts: An introduction

Copyright

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. Knowing what to do if someone makes an unauthorised copy is also vital. This information sheet will introduce you to some of the copyright basics.

Arts Law has a number of sample copyright licences, as well as an information sheet on ‘Copyright infringement and letter of demand”. 

Copyright Collecting Societies

Collecting societies collect royalties on behalf of their members. Their members are artists, authors, musicians and other owners of copyright in works (such as music, lyrics, visual art and literature) or other copyright material (such as sound recordings, films, and television broadcasts). They may also be visual artists entitled to resale royalties in respect of their visual artworks.

Creative Commons

Creative Commons (CC) is a non-profit organisation which provides a set of free, generic licences which creators of intellectual property can use to distribute their work to the public digitally. It was launched in the United States in 2001 founded on the concept that people can contribute to a shared 'commons' of creative works by effectively giving up certain rights in a copyright work and allowing others freely to use, adapt, modify and distribute this work.

Debt recovery letter of demand

This information sheet explains the function of a letter of demand for debt recovery. It includes a sample letter of demand for the recovery of money following your supply of goods or services (eg. sale of artwork, performance fees) to a person or organisation.

Debt recovery – small claims procedure (VIC)

When chasing payment for goods or services, the first step is generally to send a letter of demand to the other party telling them of the dispute and the money outstanding, and giving them a defined period within which to settle the matter or else face legal action.

This information sheet assumes that the contracts under which money is owed are legally enforceable, and that the debts are not subject to the National Consumer Credit Protection Act 2009 (Cth)or the National Credit Code. If you are unsure, please contact Arts Law on (02) 9356 2566 or toll-free on 1800 221 457.

When chasing payment for goods or services, the first step is generally to send a letter of demand to the other party telling them of the dispute and the money outstanding, and giving them a defined period within which to settle the matter or else face legal action.

When sending a letter of demand, you should be careful not to:

·         harass the debtor – they have the right to complain about this behaviour to particular government agencies and the police; or

·         send a letter which is designed to look like a court document because this is illegal.

A guideline on acceptable and unacceptable debt collection practices is published by the Australian Competition and Consumer Commission and the Australian Securities & Investment Commission (ASIC) It is available at the ASIC websiteas ASIC Regulatory Guide 96 - Debt collection guideline: for collectors and creditors; and is also available at the ACCC website.

For assistance with drafting This information sheet assumes that the contracts under which money is owed are legally enforceable, and that the debts are not subject to the National Consumer Credit Protection Act 2009 (Cth)or the National Credit Code. If you are unsure, please contact Arts Law on (02) 9356 2566 or toll-free on 1800 221 457.

Defamation law (for material published after January 2006)

Artists often have questions about whether their work defames someone. This information sheet describes the law of defamation (sometimes called libel or slander) as it applies to work published after January 2006. It explains how to minimise the risk of defamation and what the defences are if you are threatened with a defamation action. 

Defamation law (for material published before January 2006)

Artists often have questions about whether their work defames someone. This information sheet describes the law of defamation (sometimes called libel or slander) as it applies to work published before January 2006. It explains how to minimise the risk of defamation and what the defences are if you are threatened with a defamation action. 

Direct Licensing Guidelines

This information sheet is for small Australian record companies and independent artists that have an input agreement with the Phonographic Performance Company of Australia (PPCA). All record companies and independent artists that are PPCA licensors must have direct licensing guidelines that outline the circumstances in which they may directly licence public performance and transmission rights for their sound recordings. This information sheet includes sample Direct Licensing Guidelines. All PPCA licensors are entitled to free legal advice from Arts Law about their guidelines and input agreements. For advice, lodge a query here.

Disclaimers, exclusion clauses and risk warnings

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.

Liability and insurance

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

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. This information sheet provides an overview of moral rights and what constitutes infringement, it should be read in conjunction with the Moral rights infringement and letter of demand information sheet.

Moral rights infringement and letter of demand

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. If you receive legal advice that your moral rights have been infringed, it may be appropriate to send a letter of demand. This information sheet explains what a letter of demand is and contains a sample letter of demand. This information sheet should be read in conjunction with the information sheet on Moral rights

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

Musicians and composers: useful resources

This collection of information sheets, sample contracts, collecting societies and other useful organisations is a handy guide for any musician who wants to stay informed. Read our information sheets to find out more about how your rights as a musician or composer work, and look at the relevant sample contracts to deal with those rights. Find out more about how collecting societies like APRA/AMCOS and the PPCA work and how to get in touch with them, and keep up to date with associations and alliances which help musicians and composers. This information sheet should be read in conjunction with our information sheet Music – Bands and Recording artists.

Patents

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.

Performers’ rights

Actors, circus performers, musicians, dancers and other live performers may have performers’ rights in their performances. These rights include the right to control the recording and broadcast of live performances, limited copyright in certain sound recordings of live performances and moral rights. This information sheet provides an overview of performers’ rights and what constitutes infringement. These rights can be managed through contract, such as Performer’s Release, Session Musician’s Release and One-off Performance Partnership Deed.

Social Media for Artists

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.

Superannuation and contract for services

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.

Trade marks

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.

 Articles
Arts Law 2013 Pro Bono Awards

On Wednesday 29th May 2013, Arts Law celebrated the pro bono work of lawyers around the country who give back through their pro bono work in the arts community. For the last 9 years, Arts Law has commissioned a print to award to 30 lawyers celebrating their significant pro bono contribution. 

Arts Law advocates for Greater Transparency in Fees charged by Copyright Collecting Societies

Arts Law has successfully pursued changes to the information available on the websites of three major Australian collecting societies. We were concerned about the calculation of the commissions they deduct from the royalties collected on behalf of their members.

Bush Bands Business – Skills Development for Indigenous Musicians

In September 2013, Delwyn Everard and Donna Carstens travelled to the beautiful surrounds of Ross River near Alice Springs to participate in the Bush Bands Business camp. This is the third consecutive year that Arts Law’s Artists in the Black program has partnered with Music NT in a unique professional development program for Indigenous bands.

From WIPO, Geneva: IGC 19 Report

The 19th session of WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) was held in Geneva, WIPO Headquarters, 18-22 July 2011. We (Trish Adjei and Louise Buckingham) went along as observers for Arts Law. We were also privileged to participate in the Indigenous Caucus during the meeting.

Musicians in the Black Update

In Balgo in remote north Western Australia, a small group of musicians sit in the exhibition space of Warlayirti Artists Centre  discussing the bands they play in, how they make decisions and what they should call themselves. They like the sound of "The Lost Boys" but think there might be another band somewhere in Queensland using that name. Behind them is the new purpose built recording studio built at the art centre in recognition of the emerging Indigenous musical talent in a community better known for its visual artists – including Eubena Nampitjin, Elizabeth Nyumi, Boxer Milner and  Helicopter Tjungurrayi.

Solids Arts – Respecting and protecting Indigenous intellectual property

In 2010 the Arts Law Centre of Australia (Arts Law) was contracted through the Cultural Ministers Council to further develop the Indigenous intellectual property toolkit resource over three years (2010-2012). This project has been titled Solid Arts and will include a resources across a number of mediums.

 Case Studies
Whitehouse Scores A Master Licensing Deal For its First Album

In June 2011, Arts Law was approached by Grant Saunders aka Sonic Nomad of Sydney band Whitehouse  http://whitehous.bandzoogle.com/fr_home.cfm

Formed in 2006 and boasting an Aboriginal frontline and a Sri-Lankan rhythm section, the band won the Indigenous Emerging Artists grant in 2010 and its self-funded debut album is due for release in late 2011.

 News & Events
Answers for Artists: a Guide to Basic Legal Issues for Artists 2012 OUT NOW!

Arts Law's new 2012 publication Answers for Artists: a Guide to Basic Legal Issues for Artists has been released in English.

The original 2007 version is available in 2 bi-lingual versions, Chinese/English and Arabic/English.

This is a free resource.

Bush Band Business

In conjunction with Music NT and Alice Desert Festival, National arts grant fund The Seed is proud to support the 2011 Bush Bands Business.

Bush Bands Business is a series of workshops for Indigenous musicians and technicians who are preparing for the Bush Bands Bash concert, a major live performance event held at the annual Alice Springs Desert Festival.

National Human Rights Action Plan

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.

 Audio & Video
 Other Organisations
Media Entertainment and Arts Alliance (MEAA)

The Alliance is the union and professional organisation which covers everyone in the media, entertainment, sports and arts industries. There are over 36,000 members which include people working in TV, radio, theatre & film, entertainment venues, recreation grounds, journalists, actors, dancers, sportspeople, cartoonists, photographers, orchestral & opera performers as well as people working in public relations, advertising, book publishing & website production. MEAA can provide information to members about minimum standard hourly rates.

Music NT

Music NT represents and develops the NT music industry. It offers to its members support in form of office access (computer, photocopier, telephone, directories), advice on touring, recording, promotion, performance opportunities and access to a wide range of resources.

Music Victoria

Music Victoria supports the growth, participation and development of the Victorian contemporary music industry. In all its activities, it aims to add value to music makers.

Q Music

Q Music develops and represents all sectors of Queensland music industry. Q Music provides a wide range of services to artists and other music professionals such as workshops, resources, assistance and advice services, careers support.

Songlines

Songlines is an Indigenous music corporation which aim is to preserve and promote Aboriginal music. It proposes different services and facilities to Indigenous musicians such as performance opportunities, professional support and recording studio.

The Push

The Push is a youth entertainment organisation. It provides information and support to young people in Victoria who wish to stage alcohol and drug free entertainment or to develop a career in the music industry. The Push has strong associations in the music industry.