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Laying down the law for artists
Nude night surfing and performer's rights? Probably not an issue many of us know much about, but it's one of the many varied and often curious questions asked of the Arts Law Centre of Australia.
The Centre was contacted by the Sydney Fringe Festival who run an annual Nude Night Surfing event at Bondi Beach. The event was recorded by a film-maker who incorporated the footage into a newly released Australian film without permission, raising the question of whether performer's rights-the limited rights given to all amateur or professional performers who perform a musical, literary, dramatic work, dance, circus or variety act-had been violated.
Although the film-maker did not seek the permission from the Nude Night Surfing participants, in this case there is no breach because performers' rights do not cover events technically classified as 'sporting'.
This intriguing case illustrates the extensive range of legal issues that can affect Australian artists. It can include copyright, contract, defamation, obscenity/censorship, moral rights, insurance, taxation, business structures, trade practices, employment to name but a few.
The Arts Law Centre of Australia is the national community legal centre for Australia's arts community. The Centre provides legal advice and referral services to artists and arts organisations in all sectors of the arts including visual artists, musicians, performers, composers, multimedia artists, film-makers and writers.
The Centre is a national service with seven full-time staff and a nation-wide expert panel of 160 volunteer lawyers, who contribute their time in providing legal advice and referrals in addition to their private practices.
Initial legal advice is provided via the Centre's national telephone advice service. The Centre receives between 15 and 30 calls each day, requesting advice from the lawyers at Arts Law who call back to discuss the legal problem and provide initial advice. In 2002, Arts Law provided advice to about 2000 callers and covered 3500 legal problems.
Annual subscription to Arts Law offers a range of benefits such as access to legal advice and referral to Arts Law's national panel of arts and entertainment lawyers. This includes access to face-to-face consultations with specialist lawyers in Adelaide, Hobart, Canberra, Melbourne, Perth and Sydney as part of the Centre's Legal Advice Nights.
The panel lawyers, who volunteer their time to Arts Law, are in private practice and it is estimated that this service to Arts Law subscribers is worth around $200 000 each year.
Annual subscription rates may be tax deductible and are currently set at:
- $90 for individuals;
- $200 for not-for-profit organisations; and
- $300 for commercial enterprises.
One of the common difficulties artists have is enforcing their rights. To assist artists, Arts Law Centre has a mediation service which aims to achieve an amicable resolution rather than taking a matter to Court.
Experienced mediators from the Centre's expert panel provide services at reduced fees. Arts Law also arranges referrals to accountants with appropriate expertise in advising in the arts. These services are usually provided at very good rates, with a limited number of pro bono referrals per month.
Education and resource development is another important part of the services provided by Arts Law.
Activities include:
SAMPLE AGREEMENTS
Arts Law emphasises the importance of artists making use of written agreements and have published around 30 sample contracts with explanatory notes. Information about the sample contracts is available on the website, but artists should get advice on their tailor-made draft before using it.
INFORMATION SHEETS
Arts Law also produces information sheets on the questions we are most often asked. There are 14 information sheets available from Arts Law or downloaded from the website at no charge.
WEBSITE
The Arts Law website, www.artslaw.com.au, features a large number of articles that the Centre has published on a range of subjects. Articles are organised according to artform and are easy to access.
LECTURE AND SEMINAR PROGRAM
The Centre runs an intensive lecture and speaking program, providing a range of lectures to tertiary institutions, and participating in conferences, forums and workshops around Australia. They also do special briefings on various issues.
ART +LAW
The Centre also produces ART +LAW, a newsletter free to subscribers, to keep them informed of the Centre's activities and up to date with news in the arts law world. So if you're thinking of a little nude night surfing and are considering filming the event for 'posterity', consider talking to the Arts Law Centre first.
For more information about Arts Law services go to the website, www.artslaw.com.au, or call Arts Law on 02 9356 2566 or 1800 221 457.
The phone line operates Tuesday to Friday from 9.30 am-12.30 pm and 2.00-5.00 pm.