By Donna Carstens and Louise Buckingham on 3rd December 2012
Arts Law has developed a suite of legal documents associated with ethical collaborative agreements between Aboriginal and Torres Strait Islander artists and designers who wish to work and create together. Together, these agreements form part of Arts Law’s Black Fashion project and have been supported by funding from Arts Queensland.
By Robyn Ayres and Donna Carstens on 3rd December 2012
In April 2012 Artists in the Black (AITB) commenced its work in FNQ when we attended the first conference of the Indigenous Art Centre Alliance (IACA) in Cairns. Here we were able to give the managers and representatives from the Boards of the Indigenous art centres an idea of the legal issues relevant to their work, as well as the services provided by AITB. IACA then assisted by consulting with the art centres to determine which art centres wanted AITB to visit them and the issues they wanted to find out more about.
By Robyn Ayres on 3rd December 2012
As part of the Solid Arts project Arts Law has made a series of short films about different issues relevant to Indigenous arts and intellectual property. The films have been produced on behalf of Arts Law by Pauline Clague (Core Films), an Indigenous filmmaker, and are available on the Solid Arts website. Some of the Solid Arts films include:
Canning Stock Route exhibition – ICIP and moral rights and Copyright and licensing
By Jennifer Arnup on 3rd December 2012
Gadens lawyers, Brooke Spain and Matthew Pieterse traded in their suits and urban surrounds for a 12 day road trip visiting remote Aboriginal communities in Anangu Pitjantjatara Yangkunytjatjara (APY) lands in the north-west of South Australia.
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.
By Delwyn Everard on 30th June 2012
Arts Law celebrates the announcement by the Western Australian government of its commitment to amend its intestacy laws and launches its Artists in the Black intestacy kits for families of Indigenous visual artists.
By Robyn Ayres and Shannon Longhurst on 30th June 2012
The past few months have been a busy and exciting time for Solid Arts, a project funded by the Cultural Ministers Council, which is focused around creating a suite of resources on Indigenous Intellectual Property. The project has two main aims: firstly, to make arts-specific legal information more accessible to Indigenous artists and secondly, to increase awareness about Indigenous Intellectual Property amongst the general community, and consumers and commercial operators of Indigenous art. Stage Two of the project has seen the development and dissemination of a range of new materials directed at meeting these objectives.
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.
By Delwyn Everard and Marie-Christin Stenzel on 4th April 2012
For over 18 years, the Elcho Island Arts Centre has been supporting and representing indigenous artists from the local Yolngu communities on Elcho Island, Northern Territory. Traditionally, the Yolngu artists of Elcho Island have always incorporated different fauna and flora species, such as plant fibers and feathers, into their artwork. The women of the Yolngu community are renowned for their weaving skillsand create works of art woven from the fibres of the pandanus plant (pandanus spiralus), which is a species of shrubs that grows on Elcho Island.
By Robyn Ayres on 21st December 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 and will enter its final phase in 2012.
By Arts Law Centre of Australia on 21st December 2011
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.
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.
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.
By Vanessa Walsh and Dwana Walsh on 25th September 2011
Indigenous artists off the coast of Arnhem Land were horrified to learn that a London exhibition of their works could be stopped because of a little known piece of law. The artists immediately contacted Arts Law who in turn sought assistance from law firm DLA Piper, and with the clock ticking down to get the art halfway across the world, the lawyers quickly got to work.
By Stacy Adelman on 11th July 2011
Australia's rock art, which is one of the oldest known continuously practised art forms in the world, is at great risk of widespread destruction as a result of unconstrained industrial development. These works, which consist of carved and painted depictions of Indigenous history and spirituality, have provided important clues regarding the development of art specifically and human evolution generally. Because there is no single identifiable artist and the works date back thousands of years, far beyond the stipulated duration limits, rock art does not fit comfortably in the traditional frameworks of intellectual property law.
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.
By Delwyn Everard on 7th July 2011
The only collection of traditional and contemporary Indigenous Australian art assembled and curated by an Indigenous artist is in danger of being torn apart and dismantled. Arts Law clients Gordon and Elaine Syron have spent a lifetime and much personal sacrifice collecting hundreds of works, often supporting young unknown artists who have later found artistic success. Their collection contains works by Clifford Possum, Emily Kngwarreye, Cecil Bowden, Bronwyn Bancroft, well as, of course, works by Gordon himself including his confrontational and iconic "Judgment by his peers".
By Robyn Ayres on 31st March 2011
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.
By Libby Baulch on 24th December 2010
The artists' resale royalty scheme started on 9 June 2010. The scheme entitles artists to a royalty on certain resales of their works. The first artist to receive a payment by the scheme was Gabriella Possum Nungurrayi, the daughter of Clifford Possum Tjapaltjarri.
By Joanna Mansfield on 24th December 2010
Arts Law wouldn't work without help from pro bono lawyers. In October 2010 two lawyers from DLA Phillips Fox were fortunate to be able to go to a very different work environment and join Arts Law on their trip to the Anangu, Pitjantjatjara & Yankunytjatjara.
By Tim Golder on 30th September 2010
A look at some of the rewarding pro bono work provided by Allens Arthur Robinson for an Indigenous visual artist through Arts Law.
By Robyn Ayres on 30th September 2010
The Law Report on the ABC's Radio National recently ran a story about a gallery in the Blue Mountains which has erected a statue featuring creation spirits from Western Australia, a case which highlights the current gaps in protection for Indigenous cultural and intellectual property
By Robyn Ayres on 30th September 2010
On 19 August 2010, the ABC's 7:30 Report examined the detrimental impact cheap Asian 'Aboriginal' souvenirs is having on the market for authentic Aboriginal souvenirs with Aboriginal craftspeople unable to compete with the mass-produced Asian products.
By Delwyn Everard on 30th June 2010
A new peak body for Aboriginal art centres in Western Australia has been established by Country Arts WA. Arts Law was contracted to deliver a series of workshops to its members over May and June.
By Robert Lempens on 30th June 2010
Earlier this year Arts Law arranged volunteer legal advice for an Indigenous artist from the Ceduna Arts & Cultural Centre. The artist had been forwarding artworks to a company for them to sell and was owed nearly $4,000, however the company seemed to have disappeared.
By Meher Gaven on 31st March 2010
On 21 December 2009 Justice Mansfield in the Federal Court found that Australian Dreamtime Creations Pty Ltd ('Dreamtime Creations') misled consumers by making misleading representations about artworks using Indigenous art styles. The Court held that Dreamtime Creations breached s.52 of the Trade Practices Act ('Act') which prohibits corporations from engaging in misleading or deceptive conduct.
By Amity Jarvis on 31st March 2009
Amity discusses recent Federal Court orders in an ACCC action against Queensland art dealers who were selling works incorrectly labeled as ‘authentic' Aboriginal art and artefacts.
By Serena Armstrong on 31st March 2009
Arts Law’s new free sample Indigenous Artist and Art Centre Agreement is a great resource for Indigenous artists creating artworks at Indigenous art centres. In this article, Serena Armstrong looks at who might use the agreement and how to use it.
By Delwyn Everard on 30th September 2008
Arts Law is lobbying the West Australian Government for changes to the laws concerning the administration of the estate of intestate Indigenous people. Delwyn Everard explains why these changes are required.
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.
By Anna-lea Russo on 30th June 2007
Anna-lea Russo provides an update on the situation in the Burrup Peninsula
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).
By Robyn Ayres on 30th September 2003
The Arts Law Centre receives a large number of enquiries from artists with concerns in dealing with Indigenous culture and art. As a result of the growing interest in, and the appropriation of, Indigenous art and culture, at least two sets of protocols have recently been developed in Australia.