Sample Agreements
Art Centre IP Toolkit

This Art Centre Toolkit has been developed specifically for Indigenous Art Centres and includes template policies and agreements which cover licensing, Intellectual Property and Indigenous Cultural and Intellectual Property (ICIP).

Sample Agreements
Auspice Agreement

This sample agreement should be used by a group of individuals who are not incorporated and want to apply for funding from a funding body that will only fund incorporated organisations (like co-operatives, incorporated associations, companies or companies limited by guarantee).

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.

Debt recovery letter of demand

This sample letter of demand can be used for the recovery of money following your supply of goods or services (eg. sale of artwork, performance fees) to a person or organisation.

Photographer’s Model Release

This release protects photographers against any claim from individuals when they use photographs including those individuals.

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.

Sponsorship Agreement

This sample agreement should be used by artists or arts organisations when obtaining sponsorship for a particular event or activity, such as a festival, performance or exhibition.

Venue Hire Agreement

This sample agreement can be used for hiring a place/space for short period of time.

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
Artwork Licensing Toolkit for Indigenous Art Centres

This information sheet explains how art centres can systematically manage copyright licensing requests for the use of artists’ work. It describes the various sample agreements contained in the Art Centre IP Licensing Toolkit. It can be used in conjunction with the suggested Copyright Licence Fee Schedules (available for separate purchase).

Purchase the Artwork IP Licensing Toolkit here.

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.

Contracts

This information sheet gives you an understanding of what a contract is and how to protect yourself when making contracts.

Copyright

This information sheet describes what copyright is and how you can use it to protect your artistic work.

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 – TAS

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.

Licensing

This information sheet explains the different types of licences and how they operate.

Moral Rights

This information sheet gives a brief introduction to the moral rights of an artist.

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”.

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).

Australian Consumer Law and Creators

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.

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 (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.

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. 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.

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.

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).

Competition conditions

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

Contracts: A glossary of jargon

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: An Introduction

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

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. This information sheet will introduce you to some of the copyright basics.

Copyright Collecting Societies

Collecting societies collect royalties on behalf of their members. Members are artists, authors, musicians and other owners of copyright in works (such as lyrics, visual art and literature) or other copyright material (such as sound recordings, films, and television broadcasts). 

Copyright Infringement

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

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 – small claims procedure (NT)

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.

Debt recovery – small claims procedure (QLD)

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.

Debt recovery – small claims procedure (WA)

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.

Defamation Law

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. 

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.

Employment Issues (NSW)

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). 

Freedom of expression

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. 

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. 

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

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.

Protecting your ideas

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

Public Art - Design and Commissioning

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.

Putting Your Film or Photo Online

This information sheet outlines the legal issues artists or arts organisations should consider when planning to put films and photos online.

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.

Street photographer’s rights

Can I take a photograph in public that contains images of people I don’t know? Can I take a photo of a famous landmark or of the front of someone’s house and later sell it? Read on to find out!

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.

Takedown Notice - Copyright

Learn about 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.

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.

Unauthorised use of your image

This information sheet addresses unauthorised uses of your image, outlining that there is no specific law in Australia aimed at preventing this from happening. It suggests areas of law that may be used to try and stop an unauthorised use of your image.

Website development

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.

Info Comics
Copyright

This comic provides information about what to do when someone infringes your copyright.

Moral Rights

This comic provides information about how your moral rights might be infringed and what to do about it.

Articles
Donate to Arts Law

Donating to Arts Law provides artists all across Australia with easily accessible and affordable legal support and guidance so they can keep making the work we love.

Subscribe to Arts Law

Subscribe to Arts Law and gain access to our extremely low cost document review service, generous discounts on contract templates and free downloads.

Solid Arts Update 2011

Solid Arts provides a toolkit of resources on respecting and protecting Indigenous intellectual property. The 3 year project was funded by the Cultural Ministers Council. Our Solid Arts project concluded in 2012. For more information on Indigenous Arts Law, please visit our Artists in the Black website.

Arts Law in the Kimberley: a facebook story

Arts Law's facebook page already has 466 fans and is a source of current news on legal and political  issues affecting the Australian and international arts industries as well as keeping you up-to-date on new resources available from Arts Law.

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.

Cameras in Public

On a warm November evening the Gunnery and Arts Law played host to some forty artists (and a few lawyers) for the event Cameras In Public. With the tone set by a t-shirt with the slogan, "I'm a photographer not a criminal" the next two hours were filled with illuminating – and often very lively – discussion.

News & Events
Artists in the Black visits the Mid North Coast
16th June 2015

Arts Law, in collaboration with Saltwater Freshwater Arts Alliance is offering FREE legal advice workshops to Aboriginal and Torres Strait Islander Artists on the mid north coast this June.

Spotlight on the Artist: Anna Glynn
15th June 2016

We provide legal advice to a huge range of artists around the country. We're shining a spotlight on these artists and sharing their stories.

Audio & Video
Artists Rights Profiles Video Series

Arts Law helps all sorts of artists at every stage of their careers. Here, artist Alexia Sinclair, writer Robert Drewe and The Lovely Days give an insight into the importance of knowing your rights and getting all the legal stuff sorted. Check out the 

Award winning artist and photographer Alexia Sinclair talks about her experiences with Arts Law, and the importance of contracts

Walkley-Award winning journalist and author, Robert Drewe, discusses some of the legal issues associated with optioning your work for the screen, and the importance of getting quality legal advice

Holden and Tennyson from The Lovely Days discuss the benefits of getting your band partnership sorted early on

Contracts - Eddie’s story

Eddie had an agreement to sell a hundred hand painted boomerangs to an art dealer. But what happens when the dealer cancels the order?

Copyright

What is copyright and how does it affect my art?

Wills for Artists

Deputy Director of Arts Law Delwyn Everard discusses wills and the importance of them for Indigenous artists in managing how their property will be distributed after passing away.

Other Organisations
Office of Industrial Relations

Free publications to help employees and employers understand their rights and obligations under NSW industrial legislation. Has information about registering as an agent.