Legal advice artists need to have

Whatever artistic sphere you work in your artistic creations are your property. It is vital to understand your legal rights as an artist in order to (i) ensure your works are not exploited, (ii) to achieve a level of financial security and (iii) run your own business effectively.

1. Be aware of your legal rights.
This is the most basic, however the most crucial point. There are many services available to you that provide valuable resources and information. For example, the Arts Law Centre provides legal advice to artists and arts organisations across a wide range of legal matters. Additionally, the National Association for the Visual Arts (NAVA) is a national body that advocate and lobby reform in the arts sector, as well as providing a service to those in the industry.

2. Own your art.
This can be ensured in a number of ways. Intellectual Property (IP) relates to property of your ideas. It includes patents on invention, design and trade mark. Protecting your intellectual property is essential in our competitive world. IP also includes copyright, which protects original expression of ideas and all artistic and literary works. Both artistic and literary work is covered under the Copyright Act 1968, however please note that rights vary according to the nature of the work.

3. Consider using a copyright notice.
Although there is no formal procedure to register for copyright in Australia, an artist may wish to use a copyright notice. To use this correctly, you put “©” followed by the name of the copyright owner, and then the year of the first publication. This is not required in Australia and therefore has no legal significance, but may help to establish ownership and deter potential infringers.

4. Put it in writing.
Where possible, place any agreement in writing. Although a contract does not have to be written to be legally binding, it is recommended to write up a contract specifying the particulars of the agreement. Contract law is a powerful legal tool. Therefore ensure that you are familiar with the contract and that it includes all important terms the parties intend to be bound by. Before finalising the agreement it is important to consult a legal practitioner. Once the contract is drawn up and signed, it becomes difficult to argue that a term not specified in the contract should be adhered to.

5. Be organised.
Treat your artistic property in a business like fashion. Keep up to date copies of your work, recordings, footage, drafts, and records of correspondence with people that have access to your work. When someone wishes to use your creative work, a licence must be obtained from the copyright owner. If you are assigning over rights or entering into a licence agreement then a contract will usually be entered into.

6. Understand your tax obligations.
As an artist, you need to know whether your artistic practice is categorised as a business or a hobby. If you carry on a business as a professional artist then you will need to obtain an Australian Business Number (ABN), and will then need to find out if you need to register for the Goods and Services Tax (GST). If your artistic activity is categorised as a business, proceeds from selling your art may be taxable, however some of the expenses you incur in producing your art may be tax deductible. Further information can be found on the Australian Tax Office (ATO) website, and if you are unsure an accountant can advise you on your tax obligations.

7. Protect your art online.
If your material is available in digital form, consider adopting technological protection methods. These include: passwords, access codes, and ‘view only’ documents. Unfortunately, with digital technology, it has become increasingly easy to copy and use another’s work without their permission. This is called piracy, and is a criminal offence.

8. Safeguard yourself and avoid risk.
Take out an insurance policy. There are many insurance options available, including- product liability insurance, workers compensation insurance and professional indemnity insurance. So, do your research and buy the insurance cover that is best suited to you.

9. Covering all bases.
Before you publish, remember to edit your work for any potentially defamatory material. The law of defamation aims to balance freedom of speech with an individual’s right to enjoy a reputation that is free from indefensible attack. This area of law can be unpredictable and therefore if you are threatened with an action for defamation it is best to seek legal advice promptly before responding.

10. Ensure your creative work is attributed when published, reproduced, exhibited or communicated.
You have ‘Moral Rights’. Moral Rights were included in the Copyright Act in December 2000. These are automatic personal rights that belong to the individual creator of works. Regardless of circumstance, it is likely that they cannot be assigned, sold or transferred. Creators have the right to be attributed for their work, not have their work falsely attributed, and not have their work treated in a derogatory way. These Moral Rights apply to literary material, artistic, musical, and dramatic works, as well as film and computer programs.

Protect your artistic creations by understanding the law, and in turn it can work to your favour. For further information consult the above mentioned websites, or seek specific advice from a legal practitioner that relates to your particular artistic activity and your specific inquiry.

The information provided in this article does not constitute legal advice, and should not be relied upon. Arts Hub recommends seeking advice from a qualified legal practitioner on any legal issues.