Copyright & moral rights

Bush Bands Business – Skills Development for Indigenous Musicians

By Delwyn Everard and Donna Carstens on 18th December 2013

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.


Arts Law 2013 Pro Bono Awards

By Arts Law Centre of Australia on 24th June 2013

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 goes to Geneva and WIPO

By Robyn Ayres on 26th September 2012

WIPO members continue to debate a new treaty for the protection of Traditional Cultural Expressions. Arts Law’s Executive Director, Robyn Ayres, who participated in the 22nd meeting of WIPO’s Intergovernmental Committee on Traditional Cultural Expressions, reports here.


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

By Delwyn Everard and Marie-Christin Stenzel on 4th April 2012

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.


Whitehouse Scores A Master Licensing Deal For its First Album

By Delwyn Everard and Michael Jones on 4th April 2012

In June 2011, Arts Law was approached by Grant Saunders aka Sonic Nomad of Sydney band Whitehouse.   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.


Arts Law in the Northern Territory

By Arts Law Centre of Australia on 26th September 2011

In mid-September Arts Law senior solicitor Delwyn Everard and Aboriginal Liaison Officer Shian Se'l-Barker travelled through the Northern Territory on a trip advising Indigenous musicians and artists. Here Shian recounts the experience.


From WIPO, Geneva: IGC 19 Report

By Trish Adejei and Louise Buckingham on 26th September 2011

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.


Protecting the Sacred Wandjina: the Land and Environment Court goes to the Blue Mountains

By Delwyn Everard on 11th July 2011

In 2010, a gallery in the Blue Mountains in NSW erected a large sculpture featuring Wandjinas, the creation spirit sacred to the Worrora, Wunumbal and Ngarinyin Aboriginal tribes in Western Australia. Artists in the Black was contacted by both the people of the Katoomba area and Mowanjum Arts which represents artists from the three language groups who are the traditional custodians of the Wandjina law and sites of the Western Kimberley. The Dharug and Gundungurra Aboriginal people of the Blue Mountains area were mortified that this conduct was occurring on their traditional lands and felt embarrassed and responsible. All five groups were upset by the unauthorized and disrespectful appropriation of important cultural imagery. They contacted Artists in the Black.


Cameras in Public

By Delwyn Everard on 24th December 2010

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.


WIPO’s capacity building tools for Indigenous cultural heritage

By Wend Wendland and Jessyca van Weelde on 31st March 2008

The World Intellectual Property Organization (WIPO) is developing various capacity-building tools to guide indigenous communities as well as museums, archives and other cultural repositories in managing intellectual property (IP) issues when recording, digitising and disseminating intangible cultural heritage, especially 'traditional cultural expressions'. This article reports further on this ongoing work.


Trade mark protection and ICIP: How does Australia fare?

By Ros Stein on 31st December 2006

Ros Stein explains and compares how trade mark laws in Canada, New Zealand and Australia can be used to protect and uphold the rights of Indigenous artists in relation to Indigenous Culture and Intellectual Property (ICIP).


Moral Rights and Indigenous Communities

By Samantha Joseph and Erin Mackay on 30th September 2006

The Commonwealth Government has recently said it will introduce a Copyright Amendment (Indigenous Communal Moral Rights) Bill (ICMR Bill). Currently, there is no legal protection afforded to Indigenous communities to prevent unauthorised and derogatory treatment of works and films that draw on traditional customs or beliefs. Samantha Joseph and Erin Mackay explain the proposed amendments and Arts Law's response.


Warning: Aboriginal and Torres Strait Islander people are warned that this web site may contain images of deceased people.