ARTS LAW CENTRE OF AUSTRALIA ANNUAL REPORT 2019
The Arts Law Centre of Australia acknowledges the Gadigal people of the Eora Nation and all Traditional Owners of country throughout Australia.
We recognise Aboriginal and Torres Strait Islander peoples’ continuing connection to land, place, waters, and community.
We pay our respects to them, their heritage, and cultures, and to elders past, present and emerging.
Aboriginal and Torres Strait Islander readers are warned that this document may contain images and names of deceased persons.
Fitzroy Crossing. Photo by Robyn Ayres 2019 COVER: Salt Water Dreaming, 2019, Kim Ah Sam, limited edition print MISSION, VISION & VALUES
The Arts Law Centre of Australia (Arts Law) is Australia’s only national community legal centre for the arts. We provide free or low cost specialised legal advice, education, and resources to Australian artists and art organisations across all art forms, on a wide range of arts-related legal and business matters. Arts Law’s Artists in the Black program delivers targeted services to Aboriginal and Torres Strait Islander artists, their communities and organisations nationally.
Mission Empower artists and creative communities through the law.
Vision Arts Law aspires to be widely recognised as the trusted source of advice for artists and creative communities and as the preeminent authority on artist’s rights and arts law in Australia.
Values In delivering our vision, Arts Law is guided by the values of excellence, accessibility, empowerment of artists, integrity, collaboration, and innovation. CONTENTS
Mission, Vision & Values 2 President & CEO Report 4 Highlights of 2019 6 Telephone Legal Advice 8 Document Review Service 9 Artists in the Black 10 Digital Dilly Bag Project 13 Education 14 Case Study - Micky Barlow 15 Advocacy 16 Resources for Artists 18 Case Study - Carmel Metcalf 19 Partnerships & Pro Bono Support 20 2019 Pro Bono Awards 21 Pro Bono Lawyers 22 Case Study - Abdul Abdullah 24 Fundraising 26 Finances 28 Our People 30 THANK YOU 31
Roxanne Lorenz at Inkuntji Art Centre. Photo by Donna Robinson 2019 3 PRESIDENT & CEO REPORT
As 2019 was drawing to a close, both the who expand exponentially what we can Honourable Margaret Beazley AO QC staff and board of the Arts Law Centre do for Australia’s creators. Each year Governor of New South Wales, we were of Australia (Arts Law) gathered over a we recognise these lawyers and other delighted to receive her Vice Regal weekend to examine Arts Law’s purpose professionals through our Pro Bono Patronage. We were also pleased to – the reason for our very existence. It was Awards. On 30 April 2019, global law welcome Justice John Sackar as the clear that after 35 years the need for Arts firm, Dentons, generously hosted the incoming President as well as Jared Thomas Law remains as strong as ever and we will awards where we recognised the special and Emma Hicks, our newly appointed continue to serve Australia’s artists and contribution of 34 lawyers and other Aboriginal Board members. We also creative communities as expressed through professionals who went above and beyond farewelled Board member Bronwyn Bancroft our new purpose: for Arts Law and our clients. See the full list and thank both Her Excellency and Bronwyn of Pro Bono Awards winners at page 21. for their outstanding service to Arts Law and Strengthening value and the Australian arts community. We note that Government funding accounts respect for arts and culture to for only 60% of what’s needed to run Arts Law In 2019 we continued to build strong make a better world. so fund-raising is an important component partnerships and note in particular our of our income. In 2019 our fundraising relationship with the Australian Society We do this every day by advising artists efforts included the annual artwork raffle of Authors, Desart, and an exciting new such as Carmel Metcalf, a photographer in with stunning works from artists Danie partnership with First Languages Australia Moonbi, NSW who discovered her photos Mellor, Bronwyn Bancroft and Trevor through which we will help strengthen the were being sold as canvas prints online Richards. In October, 6 St James Chambers important contribution made to protection, without permission with the business kindly hosted our biennial Art Sale where we maintenance and revitalisation of Aboriginal owner crediting himself as the creator of presented a selection of incredible artworks and Torres Strait Islander languages by her work. Carmel received advice through from across Australia. Indigenous language centres in Australia. Arts Law’s Document Review Service with the pro bono lawyer explaining both her The Hearts for Arts Law (HFAL) committee Whilst continuing to deliver a broad copyright and moral rights. Carmel received also raised money for Arts Law through range of legal services and resources advice about sending a letter to the other three successful fundraising events and we to Australia’s artists and creative side which resulted in having her works are also grateful for the fund-raising efforts communities, a significant part of our removed from the website. Read more of the grads at Colin Biggers & Paisley and programs are the services provided through about Carmel’s story and other artists like LAWSKI who made Arts Law their charity in the Artists in the Black program. In 2019 this her throughout this report. 2019. We recognise the contribution of all of included an extensive outreach program to our donors and Guardian Angels because 20 Aboriginal communities; the finalisation Arts Law’s high quality, practical legal without your support we would not be able of the Digital Dillybag project with the Artist advice is provided by both our small to deliver such high quality legal services Art Centre ‘talking contract’ video now in-house team of lawyers together with for the Australian arts community. being available in 17 Aboriginal and Torres the fantastic contribution of pro bono Strait Islander languages; establishing a lawyers across the country. The pro Whilst in 2019 Arts Law farewelled our total of 7 Adopt A Lawyer relationships; bono panel is comprised of 255 lawyers outgoing President, Her Excellency the and the ongoing progress of the Fake Arts Harms Culture advocacy work which seeks to stop the distribution and sale of inauthentic Aboriginal and Torres Strait Islander arts and crafts.
At the end of 2019 we commenced planning for the next five years as 2020 marks the final year of the successful multipartite funding agreement between Arts Law and 10 State, Territory and Commonwealth Government arts funding bodies. The reduction in red-tape and multiple funding applications and acquittals, has enabled Arts Law to focus on other avenues for support and developing stronger relationships and partnerships across the legal, arts and corporate communities.
At the time of writing this report our world is in upheaval as the COVID-19 pandemic wreaks havoc which means our ambitions for the future must be all the more strongly focussed on helping as many in the arts community as possible; developing stronger technological capability; and continue our work to build a strong and financially sustainable organisation. We thank Arts Law’s staff, the Board and all our supporters who work with us to achieve a stronger Arts Law and a stronger arts and creative sector.
The Hon Justice John Robertson Sackar, Arts Law President Robyn Ayres, Arts Law CEO Hon Justice John Robertson Sackar and Robyn Ayres at the 2019 Pro Bono Awards. Photo by Jay La Photography 2019 5 HIGHLIGHTS OF 2019 2596 Legal advices given to clients 911 Services to Artists in the Black clients 255 Pro bono lawyers on our panel 1558 Referrals
6 Laugh Your Arts Off. Photo by Lee Elsdon 2019 “This was not my area of expertise. I wanted to know where I stood. Arts Law helped me understand my rights and their advice gave me the confidence to ask for what I wanted and to stand my ground. Moving forward, I feel comfortable in further exploring business opportunities involving my art. Arts Law answered my questions and is a wonderful low cost service which I will continue to use and recommend to other artists and designers.”
- Chris Taylor, Cartoonist and Arts Law client
Reconciliation Action Plan Top ten legal issues for Artists in Australia In 2019 Arts Law implemented our Innovate Reconciliation Action Plan (RAP). This 1. Copyright plan builds on the successful progress of our first RAP and aims to achieve 2. Contracts access to justice for Aboriginal and Torres 3. Moral Rights Strait Islander artists, organisations and communities. 4. Estate Planning including Wills and Intestacy Disability Action Plan 5. Consumer protection 6. Defamation 2019 also saw Arts Law implement our first Disability Action Plan (DAP). With 7. Trade Marks assitance from Accessible Arts this plan 8. Indigenous Cultural and Intellectual was devloped to identify and remove Property barriers that may prevent or impede anyone with disability from engaging with 9. Business Structures Arts Law in any way. 10. Debt
1724 872 Telephone Document Legal Advices Review Services TELEPHONE LEGAL ADVICE
Telephone Legal Advice by State The Telephone Legal Advice service NSW 516 (TLA) provides a standalone legal advice VIC 348 session for clients whose legal query does not involve the review of any documents. Artists who meet our means testing threshold can access this service for free. OS 1 ACT 36 TAS 37 QLD 278 SA 105
NT 188 WA 215
Telephone Legal Advice by Art Sector Film/Video/TV/Broadcasting 195 Photography 74
Community Arts/Cult Dev /Festivals 73 Music (inc Performers) 253 Design 41 Performing Arts (not Music) 38 Multimedia/Digital/New Media 31 Other 24
Games 5 Cultural Tourism 4 Fashion 2 Literature/Writing 281
Visual Arts and Craft 703 8 DOCUMENT REVIEW SERVICE
Document Review Service by State The Document Review Service (DRS) is NT 131 WA 128 available to Arts Law subscribers who need advice on documents such as contracts, licensing agreements or letters of demand. Continued growth and demand for this QLD 123 service is indicative of a tend for artist’s VIC 149 to increase their business knowledge. This also reflects Arts Law’s success in educating the arts sector on the importance of using contracts and the benefits of fully SA 66 understanding and clarifying issue before signing any documents. NSW 248 ACT 21 TAS 5 OS 1 Document Review Service by Art Sector
Music (inc Performers) 95 Literature/Writing 183
Film/Video/TV/Broadcasting 51
Community Arts/Cult Dev /Festivals 36
Photography 21 Other 19 Performing Arts (not Music) 12 Multimedia/Digital/New Media 5 Visual Arts and Craft 426 Games 3 Cultural Tourism 1 Fashion 1
Mornington Island. Photo by Donna Robinson 2020 9 ARTISTS IN THE BLACK 533 Telephone Legal Advices 378 Document Review Services 56 Pro Bono Referrals 20 Visited art centres 178 Wills drafted
10 Photo by Donna Robinson 2019 Outreach
In 2019 Artists in the Black (AITB) continued “I appreciate all the help from the Arts Law team. I its significant engagements with art centres expect us to be operating within the best practice throughout Australia as part of its outreach program to advise and educate artists and guidelines and continually seeking the most beneficial art centre staff on artists’ legal rights and outcomes to artist and art centre.“ issues. AITB recognises that Aboriginal and Torres Strait Islander artists are increasingly - Arts Law art centre client branching out into merchandise, fabric and fashion which brings with it the need for advice on licensing, copyright and other business contracts. Art Centres we visited in 2019
Jilamara Arts & Crafts Association Munupi Arts & Crafts Association Bula’bula Arts Aboriginal Corporation Mangkaja Arts Resource Agency Aboriginal Corporation Nagula Jarndu Women’s Arts & Resource Centre Ikuntji Artists Maningrida Arts & Culture Bábbarra Women’s Centre Wik and Kugu Arts Centre, Aurukun Yarrabah Arts & Cultural Centre Keringke Arts Children’s Ground HopeVale Arts & Cultural Centre Yalanji Art Centre Warlayirti Artists Waringarri Aboriginal Arts Ernabella Arts Keringke Art Centre Mimili Maku Arts Iwantja Arts & Crafts Centre, Indulkana 11 Donna Robinson with Julie Wallaby. Photo by Robyn Ayres 2019
Adopt-a-Lawyer Art Centre Law Firm Arts Law conducts an Adopt a Lawyer Wik & Kugu Art Centre Hall & Wilcox program which partners Aboriginal and Aurukun, QLD Torres Strait islander Community Arts Warmun Art Centre Centres with a single law firm for a three- Lander & Rogers, Melbourne, VIC Warmun, WA year partnership. This program is designed Waringarri to streamline our existing support of art King & Wood Malleson, National (Perth) centres by facilitating a strengthened Kununurra, WA relationship between an art centre and a Moa Arts King & Wood Malleson, National (Sydney) single law firm. The art centre can contact Moa Island, QLD pro bono lawyers at the firm directly for Jilamara Art Centre King & Wood Malleson, National (Brisbane) advice on issues and the firm’s lawyers Tiwi Islands, NT will develop a more detailed understanding Babbarra Womens Centre Allens Linklaters and Macquarie Group of the art centre’s operations which will Maningrida, NT position it to provide relevant and timely Maningrida Art Centre commercial advice. Allens Linklaters and Macquarie Group Maningrida NT 12 DIGITAL DILLY BAG PROJECT
English Luritja Wik Mungkan Alywarre Kuku Yalanji Warumungu Torres Strait Island Creole Gurindji Kriol Yolngu Tiwi Pitjantjatjara Eastern Arrente
Western Arrente In July 2019, Arts Law distributed the Digital Art Centre Feedback: Warlpiri Dillybag “Talking Contract” video which is available in 17 Aboriginal languages. “Nice to have something Ngaanyatjarra comprehensive and easily Martu Wangka The project was developed in partnership accessible for First Nations Nyangumarta with Central Australian Aboriginal Media Association (CAAMA) and was funded by people.“ The Attorney-General’s Department and The Department of Communications and “Friendly, accessible video - the Arts, Australian Government. Arts Law worked with CAAMA to produce a video has a touch of humour that the that explains our template Artist & Art artists will really enjoy.” Centre Agreement in English and language. We hope this video will become a useful part of any Art Centre’s toolkit for both current and new artists.
Screenshot from video with Pat Ansell-Dodds as Aunty Doreen and cockatoo based on the painting ‘Untitled’ 2011 by Kukula McDonald, courtesy of Bindi Mwerre Anthurre Artists Lifestyle Solutions Pty. Ltd. EDUCATION
This year we worked with a range of education partners to deliver workshops and seminars covering every state and territory, on a range of legal topics and art forms. A 92 special thanks to APRA AMCOS for their education session ongoing commitment to help us deliver legal education to musicians and performers, Desart whose support allowed us to travel to remote communities and art centres and Holding Redlich who continue to provide support for our education program. 2097 Client Feedback: participants “Content was very interesting and had been specifically tailored to our needs and was particular to our individual 40 interests and situations.” locations
“The presentations were straight forward and easy to understand. I was able to retain a lot of the info and 8 states & territories presenters were excellent.”
“Clear, honest, upfront answering of questions. No jargon :)”
14 Photo by Lee Elsdon 2019 CASE STUDY - MICKY BARLOW A gallery sells your work on consignment but won’t pay – what do you do?
We all want to get paid for our work, right? receive any money. Without an income from Arts Law assisted Micky in drafting the Imagine you have given your artworks to her work, Micky was forced to rely on her letter of demand and we are pleased a gallery to sell and they don’t pass on the partner to support her. to hear that Micky was successful in proceeds. This is sadly a very common ultimately obtaining payment in full from the experience. What do you do when the Frustrated and not knowing what to do gallery. It is excellent that Micky was able gallery won’t give you your money? next, Micky contacted Arts Law. Arts Law to avoid legal proceedings. reviewed the contract between Micky and Micky Barlow has had this experience. the gallery under our Document Review If you are entering into an agreement with Micky is a successful Aboriginal artist Service. Arts Law advised Micky to send an art gallery, make sure you have an from South Australia. She creates beautiful a letter of demand to the art gallery. Micky agreement in place which will allow you to artworks and woven baskets. Not too long used Arts Law’s template Letter of Demand enforce your rights. Arts Law has a number ago Micky had a large number of artworks for Debt Recovery. of useful templates available online, on display in a gallery for an exhibition. including an Artwork Consignment for Sale At those exhibitions, eleven pieces of A letter of demand serves two purposes. Agreement. If the art gallery has their own her artwork were sold by the gallery. First, it warns the debtor of your intention agreement which they would like you to Micky and the gallery had agreed that the to commence legal proceedings unless sign, Arts Law can review it for you. Finally, artworks would be on consignment, and payment is made and gives the debtor one if an art gallery fails to pay you, contact that the gallery would receive an agreed more opportunity to pay. Secondly, the Arts Law for free or low-cost advice on how commission for each artwork sold. Upon letter is a document which may be tendered to recover the money owed to you, just like receiving her invoice, however, the gallery in evidence during court proceedings as Micky did. failed to pay. Micky personally followed written proof of your claim of the debt owed up with the owner multiple times but didn’t and your attempt to settle the matter. ADVOCACY 6 Advocacy Areas: Reviews of art prizes and • Fake Art Harms Culture • Art in Prisons competitions published • Using plants and animals in artwork • Prizes and Competitions • Artists’ Employment Rights This year we updated our 2017 position 9 paper on Artists’ Rights in Prison, consulted with NAVA around planned advocacy for New case studies published artists’ income and employment rights, and lobbied the government for changes to the Personal Property Securities Act to exclude artists. We have also made submissions to government including: 2 • ACCC Digital Platforms Inquiry Policy changes • City of Sydney’s proposed changes to busking policy • Joint submission with Indigenous Art Code and Copyright Agency to Senate Committee about the Greens Party’s Competition and Consumer Amendment 1000 (Prevention of Exploitation of Indigenous Post cards sent from Darwin Cultural Expressions) Bill 2019 Aboriginal Art Fair to the PM • Joint response from Arts Law, Indigenous Art Code and Copyright as part of the Fake Art Harms Agency to House of Representatives Culture campaign Standing Committee on Indigenous Affairs report into the growing presence of inauthentic Aboriginal and Torres Strait Islander ‘style’ art and “Keep doing what you are doing. craft products and merchandise for You are helping people here.” sale across Australia - Arts Law client Best Practice Advice
Whilst Arts Law works with an ‘Artists First’ policy in the delivery of our advice services, we often receive requests from arts organisations for advice on standard terms and conditions for working with artists. Considering the potential benefit to a group of artists in advising the arts organisation, Arts Law provides best practice advice to subscriber organisations who agree to our Best Practice Guidelines.
This is an important aspect of Arts Laws work as it helps ensure artists benefit from the arts organisation providing fair and equitable agreements.
Photo by Lee Elsdon 2019 17 RESOURCES FOR ARTISTS
As part of our commitment to empowering artists through the law, Arts Law publishes information sheets, contract templates, books and audio/video content to our 278,237 website. All of our publications are Visits to the Info Hub available free or at low-cost. 663,788 Website Pageviews
Top Ten Info Sheets Top Ten Contract Templates
1. Street photographers’ rights 1. Copyright Licensing Agreement 2. Copyright 2. Commissioning Agreement: Public Visual Artwork 3. Filming with a smartphone or hidden camera 3. Photographer’s Model Release 4. Unauthorised use of your image 4. Commissioning Agreement: Private or Commercial Visual Artwork 5. Moral rights 5. Image Reproduction Licence for 6. Defamtion law Merchandise 7. Debt recovery 6. Performers Release Session Musician 8. Disclaimers, exclusion clauses and risk 7. Artwork Consignment for Sale warnings Agreement 9. Protecting your designs 8. Debt Recovery: Letter of Demand 9. Business Structures and Governance: A Practical Guide for the Arts 10. Film Cast & Crew Agreement 18 Photo by Lee Elsdon 2019 CASE STUDY - CARMEL METCALF A photographer discovers her photos are being sold online without permission
Carmel Metcalf, an amateur photographer dealing for criticism or review or research.) based in Moonbi, NSW, approached Arts Creators also have moral rights, which are Law for help when she discovered, to the rights to be credited, not falsely credited her dismay, that her photos were being and that their work cannot be altered/treated sold as canvas prints online without her in certain ways. permission. By way of background, Carmel had previously been asked by this third Arts Law gave advice about sending a party if he could use her photos for non- letter to the other side and what to include commercial use in relation to his business. in it. Such a letter while attempting to Carmel gave permission for that, subject resolve a situation can also the serve the to being credited, but certainly not for the purpose of being used as evidence in court commercial use which she discovered he proceedings to show that a creator has put was doing. It was particularly distressing the other side on notice of their rights. when she saw that the third party was crediting himself as the creator of her work, We are thrilled to hear from our client that and that changes had also been made to as a result of sending her letter, her works the colours of her work. were removed from the website in question. In particular, as a result of our advice, Carmel used Arts Law’s Document Review Carmel felt she was able to stand up for her Service to review the unauthorised use rights and send the letter. of her works and obtain advice. Arts Law arranged for one of its pro bono Document “I felt empowered after being given Review Lawyers, Thomas Lynch, to advise advice by Arts Law. As a result of the the client. It was explained to Carmel that advice, I knew how to handle it, I knew under copyright law her permission must to write that letter and I knew what to be sought to use the photos in this way. It do to stop what was happening with my is copyright infringement to reproduce a work. I found Arts Law to be a wonderful photo, including online. (There are however service that got me out of a very distressing exceptions where permission is not required, situation.” for example where the reproduction is a fair 19 PARTNERSHIPS & PRO BONO SUPPORT
Partners and Supporters Our 2019 Partners
We are so grateful for our generous Allens Linklaters supporters and partners who help us to APRA/AMCOS 75 empower artists through the law. Ashurst Pro Bono referrals We are also incredibly grateful for the Australian Government Solicitor organisations who fundraised on behalf of Australian Society of Authors Arts Law. Colin Biggers & Paisley held a Baker McKenzie Graduate Fundraising Challenge in support Banki Haddock Fiora of Arts Law’s Artists in the Black program. LAWSKI, an annual three-day skiing and Carroll & O’Dea Lawyers 6796 Colin Biggers & Paisley social event for lawyers, nominated Arts Pro Bono hours Law as the 2019 charity partner. Arts Law Dentons was also thrilled to take part in the live Desart fundraising event organised by The Funding Network. First Languages Australia Hall & Wilcox “[My pro bono lawyer] was Herbert Smith Freehills exceptional. I came away Holding Redlich feeling great relief and an Jackson McDonald increased understanding. I King & Wood Malleson gained a lot of confidence from Lander & Rogers our discussion. I really cannot Lexis Nexis speak highly enough of her Macquarie Group patience, communication style Minter Ellison Sparke Helmore and approach.” The Funding Network - Arts Law client
20 2019 PRO BONO AWARDS Photo by Jay La Photography 2019
Individual Winners: In April, we held our annual Pro Bono Awards Richard Potter 153 Phillip Chambers Darren Sanicki Sanicki Lawyers at Dentons to recognise the outstanding Dauid R Sibtain 4 St James Chambers Moira McKenzie Sanicki Lawyers contribution of the volunteer lawyers and Mandy van den Elshout ABC Lucinda Edwards SBS professionals on our pro bono panel. Rachel Chua AGS Ian McDonald Simpsons Winners recieved a specially comissioned Shariqa Mestroni Bird & Bird Jules Munro Simpsons print by emerging artist Kim Ah Sam, Mandy Chapman CJZ Seb Tonkin Simpsons featured on the cover of this publication. Michael Tucak Creative Legal Kelvin O’Keefe Sole Practitioner We also held a fundraising raffle with Delwyn Everard Everard Advisory Lisa Archbold Sole Practitioner stunning works from artists Danie Mellor, Derek Baigent Griffith Hack Megan West Sole Practitioner Bronwyn Bancroft and Trevor Richards. Holding Redlich Guy Donovan Damian Rinaldi Sonic Lawyers Eli Fisher HWL Ebsworth Garey Campbell Outstanding admin and Elizabeth Burrows Influence Legal accreditation support Ben Kay Kay & Hughes Awards for Firms: Ruthanna Klawansky Kay & Hughes Allens Linklaters Tom Lynch Kay & Hughes King & Wood Mallesons Luke Hawthorne KWM Julian Hewitt Media Arts Lawyers Community Award Winner: Yasmin Naghavi Media Arts Lawyers Nicholas Linke Fisher Jeffries Michael Easton Michael Easton Legal Katherine Giles MinterEllison 21 PRO BONO LAWYERS
ACT Emma Gorrie Allens Linklaters William McCarthy Bradley Allen Love Guy Donovan Holding Redlich Harry Knight PwC Australia NSW Ian James McDonald Simpsons Solicitors Alexandra George University of New South Wales Ian Robertson AO Holding Redlich Alexandra Heysen Macquarie Group Limited Ishan Karunanayake IshanLaw Allison Costigan Macquarie Group Limited Jake Blundell Banki Haddock Fiora Amy Grondal Simpsons Solicitors James Ellsmore Dentons Amy Pun Holding Redlich Jennifer Arnup Australian Broadcasting Corporation Dentons Carroll & O’Dea Lawyers Jess Millner Minter Ellison Andrew Cameron Brett Oaten Solicitors Joel Parsons Bird & Bird Ashleigh Fehrenbach MinterEllison Jules Munro Simpsons Solicitors Ashley-Benjamin Raiz-Symon Australian Broadcasting Julia Taylor Allens Linklaters Corporation Juliet Evans Griffith Hack Lawyers Ben Kay Kay & Hughes Justin Sadikoen Macquarie Group Limited Christopher Chow Chris Chow Creative Lawyers Katherine Giles Minter Ellison Danny Aldo Silberstein & Associates Kelvin O’Keefe Sole Practitioner Damian Rinaldi Sonic Lawyers Lauren John Allens Linklaters Daniel Roe Australian Broadcasting Corporation Lucinda Edwards SBS David Cross Norton Rose Fulbright Luke Hawthorne King & Wood Mallesons Deborah Yates JLL Australia Lyn Kemmis SBS Derek Baigent Griffith Hack Lawyers Mandy Chapman CJZ Edward Thompson 5 Wentworth Chambers Sole practitioner Eli Fisher HWL Ebsworth Mandy van den Elshout ABC Legal Services Sole practitioner Elizabeth Burrows Influence Legal Mark L W Matulich Matulich Lawyers Emilie Blake Marque Lawyers Martin Slattery Carroll & O’Dea Lawyers Emily Martin Martin Law and Sydney Opera House Megan West University of Woollongong Emma Cameron Bird & Bird 22 THANK YOU
Michael Easton Michael Easton Legal VIC Michelle Eadie Simpsons Solicitors Alana Kushnir Guest Work Agency Patricia Monemvasitis Carroll & O’Dea Lawyers Angus Groves & Christien Corns K&L Gates Paul Ippolito Ippolito Lawyers Pty Ltd Bianca D’Angelo K&L Gates Peter Allsopp Allsopp & Allsopp Darren Sanicki Sanicki Lawyers Rachel Chua Australian Government Solicitors Emily Edington Sanicki Lawyers Richard Potter Sole Practitioner Georgina O’Farrell By George Legal Rob Glass Media Arts Lawyers Harry Croft Hall & Wilcox Rob Silberstein Silberstein & Associates Jacqui Ward Melbourne Racing Club Ruthanna Klawansky Kay & Hughes Jaimie Wolbers Minter Ellison Sam Berry Chris Chow Creative Lawyers Jeff Bergmann Solubility Pty Ltd Seb Tonkin Simpsons Solicitors Jesse Gordes Solubility Pty Ltd Shariqa Mestroni Bird & Bird Julian Hewitt Media Arts Lawyers Sophie Ciufo Marque Lawyers Lisa Archbold Lightbox Legal Stephen Boyle Stephen Boyle Media and Entertainment Law Maddalena Rinaldi Sanicki Lawyers Stephen Digby DVM Law Marco Angele Marshalls & Dent & Wilmoth Lawyers Thomas Lynch Kay & Hughes Marcus Walkom Media Arts Lawyers Wayne Timms Sole Practitioner Moira McKenzie Sanicki Lawyers Tony Grujovski Studio Legal QLD Yasmin Naghavi Media Arts Lawyers Jack Collings Griffith Hack Lawyers Jamie Doran Clayton Utz WA Mark Plunkett Inns of Court Barristers Chambers Delwyn Everard Everard Advisory Thomas Honeywill Thomson Geer Eva Lin Jackson McDonald Michael Tucak Creative Legal SA Nicholas Linke Fisher Jeffries
Broome. Photo by Donna Robinson 2019 23 CASE STUDY - ABDUL ABDULLAH Abdul Abdullah’s work labelled “offensive” and removed from exhibition – how does the artist respond?
Left: Abdul Abdullah, All let us rejoice, 2017, manual embroidery, 125 x 110cm. 24 Right: Abdul Abdullah, For we are young and free, 2017, manual embroidery, 126cm x 108cm. Abdul Abdullah’s work explores the Councillor Bella turned to the federal one that does not accord with the artist’s experience of “the other” in Australian member, George Christensen, MP, who also intention or the artworks themselves. society and often engages empathetically took objection and he and Bella lobbied for Laws regarding censorship in Australia with marginalised groups and minority removal of the artworks including posts on are limited. However when politicians, or communities. This is why it came as such their Facebook pages complaining about indeed anyone with a public profile, are a shock when his work came under attack, the works and stating that the artworks able to lobby for and succeed in removal accused of disrespecting and abusing were an attack on serving soldiers and of an artwork on the basis that it offends Australian soldiers and the armed service. threatened their mental health. The Mackay a limited number of people, particularly in local newspaper, the Daily Mercury (behind circumstances where the message they are Two artworks from an existing series of a paywall), reported the artworks were given about the artist’s intentions can be Abdullah’s were included in the touring deemed “insulting” and “highly offensive” misleading or even incorrect, then the artist exhibition Violent Salt, on view at Artspace by the Mackay RSL. A Change.Org petition is forced into a difficult situation – whether Mackay in Queensland. Each work depicts was started asking for removal of the to just let it all blow over, take legal action, an Australian soldier with a large smiling artworks. or something in between. emoticon, a recurring motif in the artist’s work, embroidered across it. The exhibition As a result of this political pressure the We hope that Abdullah will be able to “reflects on the experiences of the Mayor of the Mackay Regional Council, rectify the misleading information given marginalised, the underrepresented and Greg Williams, withdrew his support for to the veterans and soldiers regarding the silenced” and Abdullah’s works were the artworks and agreed that they be the meaning behind the artworks so that selected for expressing the emotional and removed from the exhibition. The exhibition they can be made aware that there was psychological trauma of modern warfare is planned to tour Australia through to June no disrespect and see the artworks for that is often experienced but seldom 2021. Another of the galleries on the tour, themselves and form their own views. discussed. the Toowoomba Regional Art Gallery, has refused to have the two artworks hung as As Abdullah writes in the Violent Salt Artspace Mackay is a regional art gallery part of the exhibition, but the remaining catalogue: operated by the Mackay Regional Council. galleries have no objections. Violent Salt opened on 30 August 2019 and “I hope that Australians had received an audience of roughly 4,500 Abdul Abdullah contacted Arts Law for when the Mackay Council councillors legal advice because of his concerns about can recognise our shared toured the exhibition last month and censorship, damage to his reputation and societal and individual moral councillor Martin Bella, took offence at the false impression that was being given Abdullah’s work. These works are part about the meaning of his works which obligations to those who come of a larger series of portraits created in was far from his intention when creating after us to leave this world a 2017 and have been exhibited twice in them. Arts Law advised him on the various little better off than how we New Zealand. This was the first time any legal issues that arise in respect of the complaint had been made that the works censorship of his work and the statements found it”. were offensive. made by the politicians about its meaning. Art interpretation and offensiveness are of course subjective, and the message being presented to the veterans and soldiers is 25 FUNDRAISING
26 Art Sale to support Arts Law. Photo by George Zeaiter 2019 Art Sale to Support Arts Law Hearts for Arts Law Committee
In October, we held our biennial Art Sale at The Hearts for Arts Law (HFAL) committee 6 St James Chambers where we presented were an invaluable asset this year, hosting an exclusive selection of incredible three successful fundraising events artworks from 18 art centres across which highlighted the breadth of creative Australia, the Australian Design Centre in communities that Arts Law supports. These Sydney and 70 different artists and makers. included ‘Stage and the Law’ an expert industry panel on live stage events, a film From this event Arts Law was able to give screening of Warwick Thornton’s ‘We Don’t back $27,500 to artists across Australia. Need a Map’ and the annual ‘Laugh Your Arts Off’ comedy night.
2019 HFAL Committee Members: Shariqa Mestroni (Chair), Tom Lynch, 70 Patrick Hall, Amy Grondal, Patrick McCarthy, artists and makers Florence Tan, Michelle Lee, Jessica Norgard, Anna Colless, Lauren McLean, Alice Zhou, Sydney Abba, Olivia Back, Lee Elsdon, Samantha Stratton, Emily Phipps $45,000 value of artwork sold 3 events $17,000 raised for Arts Law 310 $27,500 attendees given back to Australian Artists $6,990 raised 27 FINANCES
Grants and Goverment Funding Income
Interest Private Sector Support
Publications
Education
Other Earned Income
Subscriptions
Fundraising and Donations
28 Salaries and On-Costs Expenditure
Administration
Program Costs
Marketing
Deprectiaton Cost of Goods
Stage and the Law. Photo by Samantha Stratton 2019 29 OUR PEOPLE Photo by George Zeaiter 2019
Board Staff
President CEO Solictors on Secondment Her Excellency The Hon Justice Margaret Robyn Ayres Emily Bell, Australian Government Solicitor Joan Beazley (until February 2019) (until July 2019) General Manager Lee Elsdon, Australian Government Solicitor The Hon Justice John Robertson Sackar Mary Egan (until Aug 2019) (from July 2019) (from April 2019) Principal Solicitor / Director, National Jessica Horn, King & Wood Mallesons Vice President Partnerships & Programs (from August 2019) Andrew Wiseman Suzanne Derry Artists in the Black Coordinator Treasurer Principal Solicitor Bibi Barba (until April 2019) Sarah Kwok (from February 2019) John Waight (from October 2019) Trudie Sarks Board Members Artists in the Black Paralegal Senior Solicitors Bronwyn Bancroft (until June 2019) Sharna White Donna Robinson (from April 2019) Navid Bahadori Morris Averill (until August 2019) Communications Coordinator Michelle Gibbings Samantha Stratton (until April 2019) Debra Camden Solicitor Emily Phipps (from June 2019) Dr Andrew Lu OAM Roxanne Lorenz Dr Emma Hicks (from November 2019) Administration Officers Paralegal Dr Jared Thomas (from November 2019) Michael Bridges Hannah Muller Latifa Tasipale Non-voting Observer to the Board Finance and Operations Manager Casual Admin Support Jamie Wills Melinda Watson (from October 2019) Gabrielle Hunter THANK YOU
Volunteers Madeleine Gandhi Edward Crennan Marie Boulougouris Francois Kunc SC Abi Robertson Max Dalton George Palmer Alana Callus Nerissa Puth Georgia Carter Alex Leal-Smith Olivia Black Jackie O’Brien Amy Grondal Queenie Liu Karen Iles Amy Russell Raveena Randhawa Linda Branton Anna Colless Ruth Baker Mark Dempsey SC Annice Savill Sara Gajic Martin Place Chambers Apreetha Silva-Das Sydney Abba Mary Hill Avnoor Guron Tom Lynch Michael Cranitch Bea Marks Tosh Ichikawa (Volunteer Solicitor) Michelle Gibbings Cherie McNair Norma Leslie Chris Parker Interns Olivia Boyages Claire Patmore The Hon Peter Heerey AM QC Daniel Gallagher James Gilronan Richard Lancaster SC Ella Furphy Peter Turner Shane Simpson AM Eloise Howard Teina, Te Hemara Sparke Helmore Lawyers Elsher Keir St George Bank Eugene Cheung Steven Boyages Fiona Wearing-Smith 2019 Guardian Angels Georgia Wilson Hannah Beaven Finally, we’d like to thank all our donors $5,000 or more Isabelle Hazell and Guardian Angels. Without your support Colin Biggers & Paisley Foundation Jack Howard we would not be able to deliver such high College of Law James Kwong quality legal services for the Australian arts The Hon David Levine AO RFD QC Jessica Bird community. King & Wood Mallesons Jessica Norgard Macquarie Bank Limited Joanna Griffiths $1,000 to $4,999 Norton Rose Fulbright Australia Jordan Creasey The Hon Margaret Beazley AO QC NSW Young Lawyers Karen Wang Ashurst Bronwyn Bancroft Kate Bittar Carol Webster SC Danie Mellor Lloyd Malouf Carroll & O’Dea Lawyers Lucas Moctezuma Charles Alexander Lucy Shanahan David & Judith Minty Maddison Turansky David Studdy Icons designed by Freepik from Flaticon 31 Department of Communications and the Arts
Arts South Australia
Arts Law is assisted by the Australia Government through the Australia Council for Arts, its arts funding and advisory body, and through the Department of Communications and the Arts, Indigenous Visual Arts Industry Support. Arts Law is supported by the New South Wales Government through Create NSW; the Victorian Government through Creative Victoria; the Queensland Government through Arts Queensland; the Government of Western Australia, Department of Local Government, Sport and Cultural Industries; the Northern Territory Government through Department of Arts & Museums; Arts ACT; Arts Tasmania; Arts South Australia and Lexis Nexis. The Arts Law Centre of Australia is a not-for-profit company limited by guarantee.
We are recognised by the Australian Taxation Office as a Public Benevolent Institution (PBI) and a Deductable Gift Recipient (DGR).
We are endorsed as a Tax Concession Charity.
Arts Law is registered with the Australian Charities and Not-for-profits Commission (ACNC).
We would like to thank Create NSW who provide us with subsidised rent.
artslaw.com.au
02 9356 2566 [email protected]
The Gunnery, 43-51 Cowper Wharf Road, Woolloomooloo NSW 2011
ACN: 002 706 265
ABN: 71 002 706 256