With the generous support of 25 donors, Robyn, Rose and Claudine raised $2620 for Arts Law, so we can keep Australia’s arts community running at its best.
The Arts Law Centre is a leading advocate for Indigenous artists. Its Artists in the Black service engages in advocacy and casework and has resulted in widespread benefits within the Indigenous art community with the aim of promoting Australian Indigenous art and ensuring copyright and other rights are upheld. Arts Law has advocated for better protection of Indigenous Cultural and Intellectual Property (ICIP) through its participation at WIPO conferences and ongoing submissions to the Federal government to enact legislative reform on this issue. Arts Law actively participated in the deliberations which lead to the introduction of The Indigenous Art Code recognising that Indigenous visual artists from remote and regional areas are often substantially disadvantaged in commercial negotiations. It has developed best practice standards for businesses and public bodies dealing with Indigenous artists which are promoted through its sample agreements, best practice document review service and educational workshops.
Arts Law lobbied hard for the introduction of resale royalty rights in Australia and was delighted with the enactment of the Resale Royalty Right for Visual Artists Act 2009 which created the right of visual artists to a percentage of the sales proceeds in certain commercial resales of their artwork. Arts Law now advocates for better education and entrenchment of these rights among both artists and art dealers and sellers. It remains concerned that vulnerable artists may be pressured to waive these rights and campaigns towards better and more widespread understanding of these rights. Arts Law is particularly concerned to protect the resale rights of Indigenous artist and artists who are from minority or disadvantaged backgrounds.
View Arts Law's Resale royalty rights for visual artists Information Sheet here
For many artists, their intellectual property in their artistic and creative output is one of the most valuable and enduring assets in their estate. If they pass away intestate, this asset is often neglected or not understand, which can lead not only to a failure to protect the artist’s artistic legacy, but to unchecked copyright infringements and a loss of value to the artist’s family. This is particularly true for Australia’s Indigenous and Torres Strait Islander artists living in remote and regional areas. Arts Law has delivered educational wills workshops throughout Indigenous communities in all states helping artists to make wills and, through its casework service, assisted many Indigenous families to manage intestate estates. It has campaigned tirelessly for amendment to the discriminatory Western Australian legislation which takes the right to manage the estate of a deceased Aboriginal person away from family and vests it in the Public Trustee. Arts Law also advocates for improved education about the importance of wills and how to draft a will, especially among Indigenous artists and artists from minority or disadvantaged backgrounds.
Arts Law launched the Fake Art Harms Culture campaign in 2016, along with the Indigenous Art Code and the Copyright Agency. The campaign aims to stop the sale of inauthentic Aboriginal and Torres Strait Islander products and merchandise in Australia, as it harms culture, an income stream for artists and consumers.
In this paper, Arts Law outlines the different legislative and policy positions between the states in an attempt to educate and foster change. Prisoners have rights too.
Arts Law conducted advice clinics around contracts and wills. It was a fantastic opportunity to introduce myself as the new AITB coordinator and program to the art centres.
On 15 June 2017 the Treasury released a consultation paper to consider possible reforms to the Deductible Gift Recipient (‘DGR’) tax arrangements. The Arts Law Centre of Australia provides this letter by way of response to the request for submissions and comments on the proposal.