Arts Law Centre of

2014 Annual Report 2

Contents

4 Our Year 8 About Us 9 Our Achievements Legal Advice Services Telephone Legal Advice Services Document Review Service Top 12 Legal Problems Range of Problems Best Practice Case Study Mediation Referrals 16 Legal Resources Publications Arts Law Online Professional Development Program 21 Artists in the Black Map of Places Visited Outreach Wills Project Adopt a Lawyer Education Feedback Case Study 25 Advocacy Achievements and Highlights Case Study 27 Fundraising 28 Our Organisation The Board Staff Members Volunteers and Pro Bono Assistance Pro Bono Awards 2014 34 Thank You DRS Lawyers OTAAS Lawyers Volunteers and Interns Wills Trip Lawyers 39 Finances Income Expenditure 42 Supporters & Funders

2014 Annual Report | © Arts Law Centre of Australia, 2015 Design & Production | Belle Blau Design Inside Cover | Photograph © Delwyn Everard, 2014

Arts Law Centre of Australia | 2014 Annual Report 4 5

Our Year and freedom of expression and respect for Indigenous cultural and intellectual property. RIGHT In 2014 Arts Law celebrated the centre’s rich Robyn Ayres and legacy of over three decades of supporting and In recognition of Arts Law’s excellent track The Hon. Justice advocating for Australia’s artists, and looked record over many years, the centre received Margaret Beazley AO to secure the centre’s future for many years to significant additional funding of $200,000 come. With our celebratory and fund-raising through the Australia Council’s Unfunded efforts, combined with increases in legal advice, Excellence program. This enabled us to education and outreach services, 2014 was rebuild our websites, develop new professional our busiest year ever. This report sets out the development packages and provide highlights of that year and the challenges of mentoring and outreach services as part of the meeting the growing needs of Australia’s artists Artists in the Black service. We also appreciate and creative communities. the ongoing support of the Department of Aboriginal Affairs WA, the Copyright Agency, the A core part of Arts Law’s work is empowering artists Phonographic Performance Company Australia to protect their rights through the provision of legal (PPCA) and Film Victoria. advice and education. In 2014 Arts Law provided legal services to 5630 artists and arts organisa- In 2014, the fledgling national funding model tions across the country. We continued to expand established in 2013 continued with Arts Law and improve our extensive range of publications receiving funding from all State and Territory and materials, most of which are available online governments as well as the Australia Council. and to reach out to new supporters in the legal advice and resources. Our important work through our website, many for free. Arts Law will continue efforts to strengthen community. Arts Law is deeply grateful for all the could not continue without their dedication and the national funding model to secure a more support we received from those who attended generosity as many of the staff work many more Arts Law has operated the highly successful Artists sustainable funding base for the centre. and we hope to see you at future events. hours than what is and should be expected. in the Black (AITB) service for Aboriginal and We also thank our daytime student volunteers, Torres Strait Islander artists and their communities Following a period of uncertainty for the Artists in the We also wish to recognise the incredible pro without whom we would grind to a halt. since 2004. In 2014 services to AITB clients Black service, the Federal Government, recognising bono support that we received from the legal comprised 35% of Arts Law’s work. Again we were the unique and important nature of the service, community, valued at approximately $2 million Arts Law has also benefited from the support able to leverage over $1 million in pro bono support committed funding to cover the period 2013-2017. per year. Arts Law relies on this support to provided by our talented and dedicated voluntary for the Indigenous art sector and continued to build extend what we can achieve. The pro bono Board of Directors. In 2014, we farewelled on the success of the ‘Adopt a Lawyer’ program, In June 2014, Arts Law was faced with the support comes from all sectors of the legal four board members; the Hon Justice Andrew whereby an Indigenous arts centre ‘adopts’ a law unexpected loss of all operational funding from community: large international law firms, in- Greenwood, Kimberlee Weatherall, Peter Griffin firm to facilitate greater access to legal advice. Screen Australia. This severely impacted on Arts house counsel, government lawyers, boutique and Steven Miller, who we would like to thank However, the success of AITB creates a dilemma Law’s capacity to meet the legal and business needs practices and sole practitioners. In 2014, the for their generous services. We also warmly for Arts Law in how we balance the high level of of the screen industry, and led to cuts to services. rolling secondments from the Australian welcome our newest board members, Wayne demand from the Indigenous arts sector, against Government Solicitor were of enormous value. Quilliam and Michelle Gibbings. the high needs of the rest of Australia’s artists In this financial climate, the Board of Arts We had lawyers from DLA Piper, Gadens, Telstra and creative communities, given limited funding Law reaffirmed the increasing importance and the Copyright Agency accompany us on 2014 was a big year for Arts Law and there were available, especially for the AITB program. of fundraising. To that end, Arts Law ran ‘wills’ trips to remote communities, as well as many people involved in making it our busiest several high profile and financially successful lawyers assisting with law and policy reform and most successful ever. We thank you for Arts Law continued to play a leadership role in fundraising initiatives during 2014, including work, and co-presenting educational seminars. your support and look forward to another 30 policy and law reform campaigns. It can take the 30th Anniversary Gala dinner, the Simon We thank them for their time and efforts. years delivering the best possible services to years before this work shows results, however Tedeschi Concert and Hearts for Arts Law’s Australia’s artists and creative communities. the impact of changes achieved is significant. comedy and live music nights. These events Arts Law is only able to achieve as much as it provided us with an opportunity to showcase does through the dedication of its staff. They In 2014 Arts Law advocated strongly for artists’ some amazing talent, to give our wonderful are committed to ensuring that artists and arts Robyn Ayres & copyright, moral rights, resale royalty rights supporters an evening of fun and entertainment, organisations receive high quality and practical The Hon. Justice Margaret Beazley AO

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 6 7 View of ‘The Gunnery’, Woolloomooloo, home to Arts Law since 1992

Photo | © Amelia Olsen-boyd, 2015

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 8 9

About Us Our Achievements

Arts Law is Australia’s independent 5630 Australian artists and arts organisations benefited from our services national for 2343 Participants in our professional development the arts. We provide free or low cost program for those in the arts community specialised legal advice, education 2297 Legal Advices and resources to Australian artists 990 Document Review Services and arts organisations across all art forms, on a wide range of arts- 227 Pro Bono lawyers have provided legal advice in 2014 related legal and business matters. 830 Legal Advices to Indigenous clients Arts Law’s Artists in the Black program delivers targeted services to 611 Document Review Services to Indigenous clients Aboriginal and Torres Strait Islander 24 Matters requiring ongoing casework assistance for artists nationally. Indigenous clients

527 Indigenous participants at our Educational Workshops

Vision Mission Values

Arts Law envisages a society that To empower all Australian arts In working towards achieving our vision, promotes justice for artists and values communities to understand and protect the work of Arts Law is guided by the their creative contribution. their legal rights and have sufficient values of excellence, accessibility, legal and business skills to achieve empowerment, integrity and respect. financial security and carry out their arts practice in a non-exploitative and culturally aware environment.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 10 11

Legal Advice Services (2013) and in 2014 we provided 990 Document Telephone Legal Legal Advice Legal Advice by Review Services. The increase is indicative of Arts Law values the creative and cultural the success Arts Law has had in developing Advice Service by State Art Sector contribution that Australia’s arts communities the professionalism of the arts community by make to our society. Our mission is to educating artists and arts organisations on the The telephone legal advice service is ensure that Australia’s artists are properly benefits of using contracts and understanding the cornerstone of Arts Law’s legal acknowledged and fairly rewarded for their and clarifying any issues before documents advice services. This is a free service for creative work, and to build their capacity to deal (eg. contracts, leases, licenses) are signed. most Australian artists and available to with the legal and business matters arising from Feedback about our DRS Service in 2014 subscriber arts organisations. Arts Law their arts practice. Arts Law does this primarily included comments such as, “I find this service lawyers (in house or through external through the provision of free or low cost legal excellent…my query was dealt with most volunteer lawyers or law firms acting on 2014 2014 advice services which provide artists and arts professionally” and, “my experience was so behalf of Arts Law) provide telephone organisations access to timely, practical, quality positive…the advice given was very helpful, legal advice where the inquiry does not and specialised advice and information on a wide thorough, and comprehensive.” The only involve the review of any document. In range of arts related legal and business matters. negative comments we received were about our 2014, 2,297 legal advices were provided. turnaround times, however this is due to high We offer a range of legal advice services in order to demand and limited resources. The advice provided is becoming cover the differing needs of our clients including: increasingly complex due to the many State 2014 2013 ART SECTOR 2014 2013 In 2014 Arts Law increased our face to face legal legal issues affecting our clients. This • Telephone Legal Advice Service advice clinics, which were held in Perth, Darwin, coupled with high demand for our ACT 24 21 Community Arts 263 197 • Document Review Service (DRS) Alice Springs, , Hobart, and services means that in order to keep NSW 685 502 Design 61 84 • Face to face clinics Innisfail. These clinics provide one-on-one legal the same high quality of advice, our NT 351 178 Fashion 7 1 • Mediation Service advice to local artists and arts organisations resources continue to be stretched. QLD 312 246 Film/Video/TV 126 145 • Referral Service to expert legal, accounting, and encourage local artist’s participation and SA 58 58 Games 8 1 taxation and other professionals engagement with Arts Law’s services. These clinics are an important way for a national legal service to TAS 45 19 Literature 196 162 In 2014, Arts Law provided 3,287 legal advice ser- deliver services to local communities. Not only does VIC 397 226 Multimedia 41 23 vices to Australia’s artists and arts organisations. this spread our reach and allow us to help more WA 425 317 Music 313 222 artists but it also increases Arts Law’s national TOTAL 2,297 1567 Performing Arts 123 68 Arts Law sent out surveys to clients who had profile within Australia’s creative communities. Photography 113 27 received a Telephone Legal Advice session and received overwhelmingly positive results. 99% In 2015 Arts Law is focused on maintaining our Visual Arts & Crafts 983 645 of respondents found that the Arts Law lawyer ability to meet the high demand for the Telephone Other 63 5 clearly explained their legal position and 98% Legal Advice and Document Review Services. TOTAL 2,297 1,567 found that their knowledge had increased as The DRS is resource intensive and places a result of the advice they received. 96% of substantial pressure on Arts Law staff to keep up respondents rated our Telephone Legal Advice with the demand. With additional funding in 2014 Note: The statistics for 2013 differ from those in the previous Annual Report as Arts Law reviewed the method of Service as Excellent or Good and 99% would from Australia Council’s Unfunded Excellence reporting on legal advice in 2014 so that only clients who were actually advised were counted, rather than all inquiries refer others to Arts Law’s services. grant we were able to increase our capacity for advice received. and help more artists with their legal issues. The Document Review Service (DRS) has However, without this additional funding in continued to grow each year. This service 2015 Arts Law is unlikely to be able to meet this allows our clients to send us their contracts continually growing demand. In 2015 Arts Law or correspondence for review. In 2009 we will continue to provide outreach clinics when provided 370 Document Review Services. possible but this is difficult to plan in a cohesive Over the following five years this grew to 694 way without the additional funding.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 12 13

Top 12 Range Document Document Review Document Review Legal Problems of Problems Review Service by State by Art Sector

Subscribers to Arts Law can obtain a 2014 Document Review Service (DRS) either Copyright 1047 Agency & Management 20 Indigenous Art Code 9 face-to-face or through a telephone Contract 582 Bailment 7 Insolvency 3 consultation for up to two hours with experienced specialist lawyers who are Moral rights 230 Business Name 14 Insurance 70 on Arts Law’s panel. The DRS is a unique Estate Planning 225 Business Structures: For 37 Lease 6 service to Arts Law and is able to be 2014 2014 incl. Wills & Intestacy Profit Local Government 4 utilised in conjunction with our sample Competition & 116 Business Structures: 42 Mediation 12 legal agreements. Clients are able to Consumer Protection Not for Profit Moral Rights 230 purchase agreements, adapt these to Business Structures 93 Censorship and Obscenity 3 their requirements and then have the Other 55 & Names Character Merchandising 1 document/s reviewed through the DRS. Patents 5 Resale Royalty 80 Competition and Consumer 51 Performers’ Protection 27 Defamation 77 or Fair Trading This service is delivered in Personal Property 28 State 2014 2013 ART SECTOR 2014 2013 Insurance 70 Confidentiality 28 partnership with: Securities Act ACT 3 7 Community Arts 158 116 Trade marks 66 Consumer protection 65 PPCA input agreement 3 • Lawyers from large corporate and incl. passing off NSW 186 150 Design 14 19 Other IP 55 or direct licensing boutique firms NT 255 134 Fashion 3 0 Debt & Insolvency 50 Contracts 582 • Government and in-house lawyers Privacy 23 QLD 140 95 Film/Video/TV 25 35 Copyright 1047 • Other volunteers on our National TOTAL 2600 Prizes & Competitions 16 Debt 47 Pro Bono panel SA 18 21 Games 1 0 Resale Royalty 80 Defamation 77 TAS 22 7 Literature 50 70 Sedition 1 2014 Designs 24 VIC 96 55 Multimedia 6 5 Social Media 7 Domain Names 6 WA 270 225 Music 112 91 Tax incl GST, Income, 15 OS 0 7 Performing Arts 30 15 Employment-Discrimination, 44 Sales, Stamp Duty Super, Workers Comp TOTAL 990 694 Photography 15 2 Torts incl Negligence, 26 Visual Arts & Crafts 553 338 Estate Planning incl Wills 224 Trespass and Intestacy Other 23 3 Trade Marks 66 Funding incl. 8 TOTAL 990 694 Wills and Probate 1 Government and Private Working with Children 8 ICIP 40 GRAND TOTAL 3,062

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 14 15 CASE STUDY

environment. The Town’s Public Art Master reasonable number of changes are requested. “Best Practice” plan envisages expenditure of over $700,000 The agreements explicitly protect the artist’s Legal Advice on new public artworks in 2013-2015. moral rights and copyright while recognising that one aspect of encouraging a vital cre- In 2014, the Town worked with Arts Law to ative culture which engages the public with Arts Law has been increasing its delivery of develop a Public Art: Design and Commis- public spaces is the ability to facilitate and “best practice” advice in order to amplify the sion Agreement to use when commissioning publish images of such works for non-com- impact of our work. “Best practice” assists Mediation Referrals artworks as well as a template agreement for mercial purposes. arts and other organisations to approach developers. Arts Law’s ‘artists first’ policy their relationships with artists in a way that meant that it would only assist on the basis Based on this collaboration, Arts Law has Mediation is a process of dispute resolution which Arts Law is able to provide artists with referrals ensures artists are fairly rewarded for their that the Town agreed that the agreements now revised and updated its own Public Art encourages the parties in dispute to isolate the to suitably qualified lawyers from our national creativity, and Indigenous Cultural Intellectual would be prepared on a best practice basis. Design and Commission sample agreement issues, develop possible settlement options, and referral panel. We also refer artists to other Property is respected and protected. In 2014 This approach was consistent with what to reflect best practice for local government Arts Law set a target of 10 “best practice” negotiate a resolution which is acceptable to organisations and services appropriate to their the Town wanted – to strike a fair balance authorities and other organisations wanting advices but delivered 68. The following case them with the assistance of an impartial person – needs, including to arts industry bodies, other between its needs and those of the artists. By to commission public artworks. study is indicative of this advice. embedding best practice within a particular the mediator – to facilitate the process. advisory services, collecting societies, other organisation, it can create flow-on benefits to community legal centres or services. a substantial number of artists. When legal advice is provided to a client, Arts Arts Law is not always able to provide appropriate Law will assess whether the matter might be legal services to a client, so offers to assist the The Town of Arts Law met with staff of the Town of Victo- suitable for mediation. Arts Law can set up the client through our free referral service. These ria Park, reviewed its policies and developed process organising a mediator from its panel of situations include: Victoria Park: two separate agreements – one for use when the Town commissioned public artworks and mediators. The mediators offer their services for Best Practice in one for the Town to make available to any the purpose of providing a low cost mediation • The artist is not eligible for Arts Law services developers seeking to commission artworks service to artists and art organisations. • The matter being beyond the limits of Arts Public Art for incorporation into their development proj- Law’s advice service ects. These agreements dealt with payment Arts Law advised 12 clients on mediation in 2014 • The matter requires a solicitor to act on The Town of Victoria Park on the Swan River protocols, insurance, the design approval ABOVE & BELOW in Western Australia is a vibrant, urban process and the construction process. Damien Butler’s concepts for Lathlain Place. and referred three matters to mediation, two of behalf of the artist, or community. Its local government authority un- Significantly, these best practice agreements Installation due March 2015. This is the first which proceeded. In 2014, we set up a working • There may be a conflict of interest or derstands the important role played by public contain clear requirements for additional artwork procured under the new Arts Law party of representatives of peak film, media policy conflict art in shaping an exciting, creative and unique payments to be made to artists where an un- contract. Images | © Damien Butler and entertainment industry bodies to look at developing a new dispute resolution model for In 2014, in addition to referring clients to our those industries. That working party has developed own website, reflecting the wealth of information a proposed model and is currently seeking broader and resources available there, referrals were industry feedback with a view to a trial in 2015. mainly to lawyers on our referral panel, collecting societies, arts industry bodies or legal or government services.

Arts Law made a total of 960 referrals in 2014.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 16 17

Legal Resources agreements for the visual arts and crafts, low budget film/video, game development and music. Publications In 2014 we created 3 new sample agreements. RIGHT Arts Law has an extensive range of publications The Info Hub as that provide information on a broad range Artists in the Black Resources featured on the new of legal issues affecting the arts community We currently have 41 information sheets, 19 Arts Law website nationally. These resources supplement our sample agreements and 4 information comics legal advice services, providing useful reference for the Aboriginal and Torres Strait Islander material for clients, and empowering them to arts community which are available on the AITB take the next step. They are accessible via our website. In 2014 we created 3 new resources, websites, either for free or at a low cost. including an information sheet on the Australian Charities and Not for Profits Commission and Our resources are updated and expanded an Intestacy Kit for WA in light of the repeal of throughout the year in order to provide discriminatory intestacy legislation in WA in 2013. the most practical, relevant and up to date information. Our publication range includes Books and Ebooks information sheets, checklists and guides, In 2014 Arts Law continued to publish remaining sample agreements, seminar papers, books and chapters of our e-book Visual Artists and the eBooks. ‘Art+LAW’, our monthly e-publication is Law, one of a range of books and e-publications distributed to over 4,000 recipients and contains that can be purchased through our website. articles by Arts Law’s legal staff, volunteers, and with an opportunity to communicate and interact issues, wills and Indigenous cultural and expert pro bono lawyers on current arts-related Arts Law is committed to maintaining the currency with the arts and legal communities. By the end of intellectual property and was delivered in 59 legal issues, accessible to both artists and of all our publications, and in 2015 we are looking 2014 Arts Law had 2605 people like us on Facebook locations nationally. lawyers with a passion for the arts. to increase and develop our range of our legal and 2169 followers on Twitter (@ArtsLawOz). Arts Law also continues to add case studies, resources in order to meet the arts community’s Feedback on education activities was audio and audio visual material to our websites. constantly evolving needs. In particular we continue In 2015, Arts Law will launch these new websites overwhelmingly positive. Surveys sent out to the to build our resources relevant to collaboration and will also be further developing our social participants who attended seminars, workshops Information Sheets projects, music, games and cross media media strategies to increase our engagement and clinics, showed that 92% of respondents now Arts Law’s information sheets are available platforms, as well as Artists in the Black clients. with artist communities. felt more confident in dealing with legal issues on the website free of charge, enabling arts arising in their arts practice; 98% of respondents practitioners throughout Australia to easily Arts Law Online Professional Development Program said that the information provided was either access up-to-date legal information. We In 2014 with our unfunded excellence grant Arts Our professional development program provides excellent, very good or good, and again 99% currently have 78 information sheets published Law redeveloped its websites, Arts Law (www. worthwhile and well-targeted educational sessions of respondents said that the presenter was online which can be accessed at www.artslaw. artslaw.com.au) and Artists In The Black (www. to Australian artists and arts organisations to excellent, very good or good. com.au/legal/information-sheets. 7 new aitb.com.au) using the latest technology so they help increase awareness and understanding of information sheets were created in 2014, are responsive and comply with accessibility the many legal and business issues affecting What Next? including specialised game development standards. They include an easy to search the creative community. This contributes to the In 2015, Arts Law will build on the success of resources and all information sheets were Info Hub to help artists find answers to their development of sustainable arts businesses. education delivery to local government, and has revised to consider digital issues. questions. These websites are constantly updated committed to increased delivery of education via with news, events and resources providing 2014 was another busy year for Arts Law’s online platforms. Sample Agreements artists with access to valuable information about professional development program. We Arts Law produces a range of sample their legal rights and developments in the law. delivered 105 sessions nationally, including agreements with explanatory notes that are In 2014 the Arts Law website had 398,298 visits 9 webinars, which were attended by 2343 available for a small fee to download and may and 876,479 page views. The Artists in the Black participants of whom 527 were Indigenous. be adapted to the user’s requirements. There website had 9,252 visits and 21,220 page views. The program covered issues such as copyright, are currently 79 sample agreements published, In addition to our websites, Facebook, Twitter and moral rights, contracts, business structures, covering a broad range of arts sectors including LinkedIn provide Arts Law and Artists in the Black governance, digital, gaming and multiplatform

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 18 19 ViewWarmun of the artist Arts Lena Law NyadbiCentre of Australia from Copper Wharf Road, PWooloomooloo,hoto | © DELWYN EVE RARSydneyD

Photo | Credit to go here

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 20 21

Artists in the Black

Left Artists in the Black is a specialised service for would continue until June 2017.) This enabled In 2014, Artists in the Aboriginal and Torres Strait Islander artists, us to eventually appoint Jacqueline Cornforth Black delivered 39 communities and arts organisations. The Artists as the new AITB coordinator. Jacqueline start- educational sessions to in the Black service aims to provide access to ed in November but managed to fit in a trip to 527 participants in 28 free or low cost, culturally appropriate, specialist Erub Erwer Meta (Darnley Island Art Centre) in different locations legal resources to support and strengthen the the Torres Strait and Yarrabah Art Centre in Far Indigenous arts sector. We do this in order for North Queensland before the end of 2014 working Indigenous creators to achieve professional alongside Arts Law’s Executive Director, Robyn excellence, a sustainable income in a non- Ayres, to provide rights education to the artists, exploitative environment and to achieve better helped with taking instructions for artists’ wills recognition of Indigenous intellectual property. and assisted in the legal advice sessions with the art centre artists and staff. Artists in the Black was established ten years ago in response to the widespread exploitation of Outreach Indigenous artists and a lack of awareness about Outreach is crucial to AITB service delivery and their rights. For the last 10 years Artists in the in 2014 Arts Law visited 28 Aboriginal and Torres Black has been building upon the initial seed fund- Strait Islander communities over the year (see ing we received from the Australia Council so that map on left). We also caught up with a whole lot our work with Aboriginal and Torres Strait Islander more artists and art centre staff at Cairns Indige- arts communities now accounts for over 35% of nous Art Fair (CIAF), Darwin Art Fair, Desert Mob Arts Law’s work. This is indicative of the high level in Alice Springs and the Revealed Emerging Ab- of need in these communities but it also reflects original Artists event in Perth. In 2014 the Artists the growth and diversity in the Indigenous arts in the Black service provided 830 legal advices and sector and the increasing complexity of the type of 611 Document Review Services (DRS) to Aboriginal advice and support we are asked to provide. and Torres Strait Islander clients which was a big increase on 2013 (571 legal advices and 402 DRS). The other key focus area for AITB is responding to the needs of the Aboriginal and Torres Wills Project Strait Islander artists on the better protection The Wills Project has also been another very of, and respect for, Indigenous Cultural and successful AITB initiative which responded to a Intellectual Property (ICIP). The misuse and pressing need in Aboriginal and Torres Strait Is- misappropriation of ICIP causes significant lander communities. In 2014 we drafted 134 wills distress and harm to Aboriginal and Torres for Aboriginal and Torres Strait Islander artists. Strait Islander peoples and their cultures and we We were very pleased to receive significant pro continue to look at legal and advocacy strategies boo support for this work with DLA Piper making to provide protection and remedies in this regard. Artists in the Black one of the firm’s internation- al Signature Projects. In 2014 DLA Piper lawyers, It was a tense time for the first half of 2014 while Carrie Follas, Robert Tobias and Emily Christie we waited for confirmation of our core Artists accompanied Arts Law on wills trips. The AITB in the Black funding from the Attorney-Gen- wills trips were also supported by Telstra law- erals Department. We were delighted when it yers Adrienne Lyle and Nadine Courmadis, and was announced in June we had funding for the Gaden’s Matthew Geary and Eleanor Wheel- preceding years and through to June 30th 2015. house. Since its introduction, the wills project (It was subsequently announced that funding has become a very important part of the Artists

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 22 23

CASE STUDY in the Black program, with nearly 1,000 was excellent or very good and 100% of have a better understanding of the Ananguku Arts & Cultural Aboriginal Corporation: wills drafted so far. participants said their understanding difference between cultural rights and of their rights and arts related issues intellectual property law. 16 Art workers Infrastructure Upgrade Program in APY Lands Adopt a Lawyer increased as a result of the seminar. employed at the Centre have access Ananguku Arts and Culture Aboriginal Corpo- between it, the architect and the builder for Elizabeth Tregenza, General Manager of Commenced in 2013, Arts Law’s Adopt to on line information to improve their ration (Anaguku Arts) is an Aboriginal owned each art centre. Through its Artists in the Black Ananguku Arts said “the Arts Law Artists a Lawyer pro bono program continues Artists in the Black also reached out understanding of IP.” and governed organisation that assists the casework program, Arts Law was able to source in the Black program secured the services to strengthen the existing Artists in the to key stakeholders in order to receive professional development of Aboriginal artists. the pro bono expertise of experienced lawyer of a law firm we could not have afforded Black support of Indigenous art centres feedback or comments about the “Arts Law provides a vital service to the Ananguku Arts supports Aboriginal art making Brendan Hoffman, a partner at national law firm otherwise. Brendan Hoffman and the team by facilitating a relationship between an importance of the programs existence in Queensland arts community, including and cultural maintenance across South Aus- Gadens, to help with each of these contracts. at Gadens Lawyers not only specialised in tralia, and helps build a dynamic arts industry construction law but were extremely gener- art centre and an individual law firm for the current funding climate. specialised legal and business advice and in South Australia and across Australia. Brendan and his team at Gadens advised Anan- ous with their time and advised on a range of a three year partnership. Through this referral services as well as professional guku Arts on three primary areas, being the matters related to the project.” program, the art centre can contact their Comments included: development resources and advocacy for Over a number of years, Ananguku Arts made Tender documents used to find a project man- adopted law firm directly for advice on a “Arts Law’s Artist in the Black Program artist and arts organisations. Arts Law a number of submissions to government bodies ager, the contracts with the project manager and BELOW wide range of legal issues and lawyers is an extremely important essential. It provides invaluable support. The important seeking support to build new and upgrade ex- architect and preparing agreements between Ananguku Arts and Cultural Aboriginal isting arts infrastructure across the Anangu Pit- Ananguku Arts and the various arts centres. Corporation. Image | © aACAC develop a more detailed understanding helped us with a range of legal matters work it currently carries out includes their jantjatjara Yankunytjatjara (APY) Lands These art of the art centre’s operations, resulting that we wouldn’t have the time or telephone legal advice and document centres and staff housing provide a central place in relevant commercial and timely legal money to follow up ourselves. AITB review services, publication and web re- for artists to come together and create and give advice for the art centre. has put us in touch with lawyers that sources, their education and professional people in the area meaningful full-time work. helped us make claims for the return development seminars and workshops.” Ananguku Arts received funding from the To date, the following relationships have of payments that our artists were owed Department of Regional Australia and the South Australian Government to renovate and been established: by galleries. We were able to get back Arts Law works hard to deliver the Artists build new art centres on seven communities on many thousands of dollars. AITB helped in the Black service nationally, including the APY Lands. Ananguku Arts asked Arts Law • Mowanjum Aboriginal Art us obtain important and sound advice to some of the most remote and disad- for legal assistance with the various contracts & Cultural Centre + Ashurst that we were able to follow up on. The vantaged communities in the country. We • Warakurna Artists most important thing was help with are heartened to know that the Attorney- + Allens Linklaters governance. In indigenous communities General’s Department has confirmed • Warmun Art Centre + governance is extremely difficult- funding for this service until June 2017. Lander & Rogers they just do things differently. AITB • Yamaji Art + Minter Ellison (Perth) helped us in sticking to the legislative In 2015, Arts Law is more determined requirements while working with than ever to empower Aboriginal Education Aboriginal customs. AITB was so helpful and Torres Strait Islander creative Providing education, professional in bringing on reforms in the way we communities through the law. We aim to development to artists and arts workers do things that were just so important. become less dependent on government and mentoring art centre staff is The lawyers helped us review our support by seeking philanthropic and pro another important role of Artists in organisation and get it back on track has bono resources to deliver this core legal the Black. In 2014, Artists in the Black been very important.” service. Artists in the Black outreach delivered 39 educational sessions to 527 program will focus on reconnecting with participants in 28 different locations, as “Our elders have been assisted to art communities in regional NSW and illustrated on the previous page. write wills, leaving clear instructions Victoria as well as communities who regarding the sale of their art, and have accessed independent funding in Feedback IP rights. Our annual Festival has order for Arts Law to provide tailored Throughout 2014, Arts Law proactively been assisted in clarifying IP and workshops and advice to them. sought feedback from those artists contracts, especially regarding and arts communities who engaged photography and filming. All art Although funding and resources are the de- with Artists in the Black services. centre programs involving external termining factor to the frequency and ability Feedback from the Artist in the Black artists now use well thought through to provide the Artist in the Black service, education workshops shows that 100% contracts outlining the IP in works Arts Law is focused on strengthening the of participants found the information produced. Artists and dancers now reach and quality of the services we offer.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report

24 25

Advocacy showed there was particular concern about reproductions for commercial purposes. Arts Left In 2014, Arts Law continued to provide targeted Law is in the process of formulating a positions Krista Pav and her advocacy for the creative sector addressing both paper to highlight this issue. band performing. ongoing and new issues identified as affecting Photo | © jay la, 2014 the arts community. Arts Law aimed to provide Indigenous Cultural & Intellectual Property (ICIP) input to and influence government decision- In 2013, the NSW Government released a model making through submissions, lobbying, and for stand-alone Aboriginal Cultural Heritage support of similar-minded stakeholders and legislation for public comment. One of Arts Law’s continued development of relationships with key advocacy agendas is the protection of ICIP the government, the media and stakeholders. and our review of the model and subsequent Arts Law also continued to keep artists and arts submission aimed to put forward the best organisations up-to-date with the progress of possible options for protecting and managing advocacy and law reform issues through social Aboriginal culture and heritage in NSW. media channels and website articles and also assisted the arts community get involved in Prizes and Competitions issues of direct concern to them. Arts Law continued its ongoing advocacy around best practice in prizes and competitions, Achievements & Highlights reviewing and rating 188 competitions Resale Royalty throughout the year. Our advocacy work in In 2013, the Federal Government requested a this area is being noticed with 6 organisations review of Australia’s visual arts resale royalty contacting Arts Law directly to have their scheme which provides artists with a 5% royalty competition reviewed for fairness to entrants. on any resale of their work over $1,000. Debate among stakeholders as to the workability of the Copyright scheme followed, with many in the art world The ALRC final report on current copyright laws calling for the scheme to be abolished. Artist in relation to the digital economy was released in feedback received by Arts Law advised the February 2014. Most controversially, the report scheme was of great assistance to the individual recommended the introduction of fair use in artist, especially as a continuing source of income Australia as a defense to copyright infringement. Arts for an artist’s family after the artist dies. Arts Law’s response to the recommendation highlighted Law strongly lobbied the Government throughout our concern that fair use represents an erosion 2014 to support the scheme and continues to of artists’ rights because it sends the message do so through correspondence with government copyright doesn’t matter. Arts Law continues to lobby ministers, media coverage of the issue and against the implementation of fair use in Australia. encouragement of artists and stakeholders to show their support for the scheme. In 2014, Arts Law also made a submission to the Attorney-General and Minister for Sculptures in Public Communications’ Online Copyright Infringement Arts Law has long questioned the exceptions to discussion paper highlighting the challenge copyright infringement under s65 of the Copy- for artists to protect their work in the digital right Act for certain reproductions of permanent environment; and provided comments on the public sculptures and works of artistic crafts- implementation in Australia of the Marrakesh manship. In 2014, Arts Law sought feedback Treaty to Facilitate Access to Published Works from artists and visual arts peak bodies about for the Visually Impaired. this particular exception, the responses to which

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 26 27

CASE STUDY

Privacy The ALRC’s inquiry into the Art Produced by Prisoners: Fundraising Arts Law also celebrated its 30th anniversary implementation of a statutory right to with a gala fundraiser dinner at NSW Parliament privacy in Australia continued in 2014 Western Australia BELOW In 2014 Arts Law continued to work to secure House. Hosted by Andrew O’Keefe, the dinner with Arts Law providing a submission to The Arts Law 30th funding from sources independent of government. featured art, performances and tributes from the discussion paper mid-year. Arts Law In 2014, Arts Law made a submis- Arts Law recommended that PD 46 be Birthday Gala It is increasingly important for Arts Law to do staff, presidents, clients and supporters and was remains unsupportive of a cause of action sion to the WA Minister of Corrective reviewed and amended to: Photo | © Jay LA, 2014 this to in order to ensure long term viability of a true celebration of the achievements of Arts for invasion of privacy because of the Services, regarding Policy Directive the organisation and all its services. Two of the Law. The evening was also a financial success, potential to excessively impact on freedom 46: Art Produced by Prisoners (PD • Reflect existing copyright law biggest fundraising events of 2014 were the Simon raising approximately $41,000 for Arts Law and of expression, and more specifically, 46). Arts Law’s submission concerned and recognise general prisoner Tedeschi fundraising concert and Arts Law’s 30th the Artists in the Black service. We thank Andrew freedom of artistic expression. issues relating to the ownership of, artist rights, Birthday Gala Dinner and Art Auction. O’Keefe , David Campbell, Michael Beaumont and dealing with, the artworks made • Ensure that prison art would and Jennifer Hoy and friends from the SSO for Classification by prisoners while incarcerated in not be considered the property In March 2014 Arts Law held a fundraising their talents & generosity; Bronwyn Bancroft, The first stages of reform to Australia’s prison in WA. The submission was of the Department of Corrective concert featuring the extraordinary pianist Simon The Hon. CMG AC and Rupert Myer National Classification System as particularly focused on Aboriginal art- Services, irrespective of how the Tedeschi. The night was organised to raise money AM for their words of support and all those who recommended by the ALRC were ists who are likely to engage in artistic materials were acquired by the to support the essential work done by Arts Law to contributed to the success of the evening. The finally introduced to Parliament in activities in prison as a consequence prisoner; and help Australia’s artists, in particular, Arts Law’s evening also included an art auction featuring early 2014. However, the passage of of a tradition of cultural and artistic • Expressly recognise the moral Artists in the Black program. art work from many of the art centres we have the Classification Amendment Bill expression but are often most vulner- rights of prisoner artists and worked with, some of which were generously was halted when the Senate referred able due in part to low literacy levels. prohibit the prison from interfer- The night was an overwhelming success, donated. The evening also would not have been the Bill for further inquiry and report. ing with these rights without the with Arts Law raising well over $30,000 from possible without generous pro bono support Having previously made submissions Under PD 46, the Department of Cor- prisoner artist’s written consent tickets sales, raffle tickets and donations. from Gary Campbell, who helped to organise and to the ALRC inquiry in 2011, Arts Law rective Services is the owner of “pris- These proceeds made a significant contribution stage manage the event and Andrew Leslie who provided a further submission to Senate on art” unless the prisoner has paid Arts Law received a response in towards the continuation of the Artists in the organised the successful art auction. Committee, supporting modernisation for the materials used when creating February 2015 from The Honorable Black program, allowing us to continue to of the classification system to better the artwork. Arts Law submitted that Joe Francis, Minister for Corrective help Aboriginal and Torres Islander artists, The Hearts for Arts Law Committee also con- accommodate the way content is this requirement is inequitable and Services. He thanked Arts Law for organisations and communities throughout 2014. tributed to Arts Law’s fundraising efforts in 2014 consumed, the expansion of exemptions erodes the general rights of prisoner “bringing the lack of clarity in PD 46, as Arts Law particularly wishes to thank Simon following on from the success of its film screen- to classification and the development artists and is inconsistent with the it relates to the rights of prisoner artists, Tedeschi for his generosity, Simon Marnie as ing in September 2013. Hearts for Arts Law is a of classification tools to streamline the intellectual property rights of artists to the attention of the Department.” The MC, Grammar School for allowing us group of young lawyers working to promote and classification process. arising under the Copyright Act 1968 Minister informed Arts Law that PD 46 to use their beautiful hall and Wayne Quilliam assist Arts Law continue to provide its important (Cth). Arts law was also of the view was currently being revised in regard to and Martumili Art Centre for their generous legal services to the Australian arts community. Art in Prisons that people incarcerated in WA are copyright protection for prisoner artists donations of artworks for the raffle. 2014 events included Comedy and Band nights. For some time, Arts Law has been con- largely unaware of PD 46, or do not and anticipated an amended policy cerned with State and Territory legisla- understand its impact on their rights. would be issued by May 2015. tion, regulations and policies that govern the rights of prisoners creating artistic work whilst in prison. Although the rules differ from State-to-State, the rights held by prisoners across Australia fall short of the rights granted to artists un- der the Copyright Act. In 2014, Arts Law lobbied the WA Minister of Corrective Services to clarify and amend its policy for art produced by prisoners and aims to do the same in other states.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 28 29

Our Organisation

The Arts Law Centre of Australia is a not-for-profit company limited by guarantee. We are recognised by the ATO 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).

The Board

The Hon Justice The Hon Peter Heerey Steven Miller Peter Griffin Margaret Beazley AO AM QC (Vice President) (Resigned) (Resigned) (President) Staff Members

Above Executive Director Artists in the Black Coordinator The Arts Law Robyn Ayres Jacqueline Cornforth staff in 2014 Deputy Director Administration and Finance Manager Delwyn Everard Mary Egan Kimberlee Weatherall Andrew Wiseman Tania Chambers Anita Jacoby Senior Solicitors Paralegal

(Resigned) Suzanne Derry Isabella Street To August 2014

Morris Averill Maiko Sentina From September 2014 Solicitors Marketing & Communications Trudie Sarks Administration Officer

Anika Valenti Fiona Bell To September 2014 Jennifer Arnup Administration Officers Donna Robinson Rose Ayres ^ Australian Government Solicitor Secondee from Nov 2013 to Nov 2014 Gemma Williams Ramya Krishnan Victoria Wills Wayne Quilliam Michelle Gibbings Robyn Ayres ^ Australian Government Solicitor Secondee from May to August 2014 (Joined) (Joined) (Executive Director) Snezana Vukovic ^ Australian Government Solicitor Secondee from December 2014

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 30 31

Volunteers and Pro Bono Awards 2014

Pro Bono Assistance Arts Law celebrates the enormous contribution that our pro bono supporters make and in rec- right Volunteers and pro bono lawyers are integral to ognition of our appreciation we hold our annual Celestine Doyle the provision of Arts Laws services. In order to Pro Bono awards. For the last 10 years, Arts Law (QAGOMA), The Hon. successfully deliver its Document Review Service has commissioned a print to award to 30 lawyers Justice Margaret to artists and arts organisations nationally, Arts celebrating their significant pro bono work in the Beazley AO, Robyn Law relies on a panel of 245 dedicated volunteer arts community. This year’s print titled “Body Ayres & Paul Spiro lawyers. Without the commitment and generosity Conglomerate” was created by artist Lotte Smith (Gadens, Brisbane) of our volunteer lawyers, Arts Law would not from the National Art School. Photo | © dev hasan, 2015 be able to provide the same legal assistance to the many artists who approach us for advice 2014 also saw the introduction of ‘The Arts every year. In 2014, the pro bono assistance Community Pro Bono Award’, which allows arts received by Arts Law was valued at more than organisations to acknowledge the voluntary two million dollars. Legal assistance was work done by a lawyer for the arts community provided throughout Australia by large corporate and their organisation in particular. Paul Spiro law firms, government and in-house counsel, (Gadens, Brisbane) was our inaugural winner for boutique law firms and sole practitioners. his work with QAGOMA in Brisbane.

In addition to the Document Review Service, five firms assisted in the delivery of Arts Law’s telephone legal advice service: Allens Linklaters, Finlaysons, , Holding Redlich and Minter Ellison.

Other lawyers assisted with advocacy work, helping in our engagement with the Government. Some lawyers also participated in our education program providing seminars to the arts community.

We also need to acknowledge the amazing contribution made by our law student volunteers who provide front line support on a daily basis in our office. We could not provide the same level of service without them.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 32 33 Outback landscape, Haasts Bluff

Photo | © delwyn everard

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 34 35

Thank You Michael Montgomery Truman Hoyle Lawyers Sally McCausland SBS Michael Thornton Henry Davis York Sandy Dawson Banco Chambers Arts Law thanks the law firms and legal practitioners who participated in the document review Michelle Bakhos Sarah Cunynghame Holding Redlich service program in 2014 Nicholas Melville ITV Studios Australia Pty Ltd Sarah McCarthy Truman Hoyle Lawyers Nicholas Smith Blackstone Chambers Seema Mishra Henry Davis York Peter Karcher ClarkeKann Lawyers Sheree Hollender Griffith Hack Lawyers ACT Pip Jones Allens Linklaters Simone Flanigan CSC Group Limited Priscilla Blackadder Simpsons Solicitors Sonia Borella Holding Redlich Hugh Chalmers Meyer Vandenberg Lawyers William McCarthy Bradley Allen Love Raena Lea-Shannon Entertainment Media Technology Sophie Clark ClarkeKann Lawyers Kristen Porter Meyer Vandenberg Lawyers Rebecca Dimardis Stephen Boyle Stephen Boyle Media and Rebecca Mason Southern Cross Austereo Stephen Digby Entertainment Law NSW Rebekah O’Sullivan Chris Chow Creative Lawyers Digby Law Renu Menon Gadens Sydney Birchall Birchall Legal Anastasia Hardman Allens Linklaters Jake Blundell Simpsons Solicitors Rob Glass Media Arts Lawyers Tom Tian Allens Linklaters Alistair Oakes Allens Linklaters James Elliot Truman Hoyle Lawyers Roderick Smith Evescourt Legal Tracy Lu Allens Linklaters Adrian Goss Bauer Media Group James Gonczi Allens Linklaters Rohan Higgins Vincent Floro ABC Legal Services Alexandra George UNSW Faculty of Law Jenny Smith Norton Rose Fulbright Rommo Pandit Herbert Smith Freehills Wayne Covell Worthy of the Name Amanda Hempel Gilbert + Tobin Jeremy Storer Storers Lawyers Amanda Meehan Digby Law Jim Lennon Norton Rose Fulbright QLD Anthony Walsh Gadens Jin Hong (Kenneth) Ti Phang Legal Benjamin Kim Gadens Jo Bayes Gilbert + Tobin Harold Littler Matt McCormick McCormicks Law + Consulting Ben Kay Kay & Hughes Jodie Wauchope Gadens Jamie Doran Clayton Utz Nicole Murdoch Bennett & Philp Lawyers Bora Kaplan Sixth Floor Selborne/Wentworth Jonathan Adamopoulos Allens/Linklaters John Lunny Workplace Resolve Pty Ltd Peter Bolam Broadley Rees Hogan Lawyers Chambers Joseph Consalvi Gilbert + Tobin Kate Erman Bravura Solutions Limited Sophie Bradshaw Corrs Chambers Westgarth Caroline A Verge Verge Whitford and Co Josh Cavaleri Interactive Games & Mark Harley Boss Lawyers Christopher Chow Chris Chow Creative Lawyers Entertainment Association Clare Young Allens Linklaters Jules Munro Simpsons Solicitors SA Craig Higginbotham Lander & Rogers Kate Harrison Gilbert + Tobin David Cross Norton Rose Fulbright Kate Hughes Kay & Hughes Paul Gordon Finlaysons Derek Baigent Griffith Hack Lawyers Katherine Giles ABC Legal Services Dianne Banks Gilbert + Tobin Kristin Stammer Herbert Smith Freehills TAS Elizabeth Burrows Influence Legal Lishan Ang Frederick Jordan Chambers Emma Cameron Truman Hoyle Lawyers Lucinda Edwards Terri Janke & Company Michael O’Farrell SC Malthouse Chambers Eric Herman Henry Davis York Mandy Chapman Beyond International Ltd Frances Drummond Norton Rose Fulbright Mandy van den Elshout ABC Legal Services VIC Gary Penny Gary Penny Lawyers Marie Foyle Screenrights Grant McAvaney ABC Legal Services Mark L W Matulich Matulich Lawyers Alice Byrnes Lander & Rogers Fiona Galbraith Davies Collison Cave Law Greg Reinhardt Henry Davis York Mark McLennan Herbert Smith Freehills Andrea Allan Watermark Intellectual Asset Frankie Alexander Media Arts Lawyers Guy Narburgh Herbert Smith Freehills Matthew Geary Gadens Management Georgina O’Farrell Sensis Pty Ltd Hamish Fraser Truman Hoyle Lawyers Matthew Hall Swaab Attorneys Annette Rubinstein Phillips Ormonde & Fitzpatrick Gillian Wong Hannah Stewart-Weeks Henry Davis York Megan Edwards Truman Hoyle Lawyers Lawyers Ian McDonald Haley McEwan Henry Davis York Megan Evetts Minter Ellison Charles Thornley Lander & Rogers Jeff Bergmann Solubility Pty Ltd Huong Nguyen Tiffany & Co. Megan West Claire Campbell Lander & Rogers Jennifer Tutty Studio Legal Ian James McDonald Simpsons Solicitors Melanie Bouton Herbert Smith Freehills Darren Sanicki GI & Sanicki Lawyers Julian Hewitt Media Arts Lawyers Isabella Bosworth Allion Legal Melissa Goode Herbert Smith Freehills David Vodicka Media Arts Lawyers Katie Besgrove Studio Legal Ishan Karunanayake IshanLaw Melody Ng Telstra Corporation Ltd Edward Heerey Kelly Griffiths Minter Ellison Jacqueline Winters McCabes Lawyers Michael Easton Michael Easton Legal Elizabeth Beal Lisa Feltz Lander & Rogers

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 36 37

Marcus Walkom Media Arts Lawyers Sarah Gilkes MDP McDonald Partners HOLDING REDLICH Mark Williams Williams Solicitors Stephen King Media Arts Lawyers Michael Tucak Creative Legal Stephen Rebikoff – Anna Kutner Harsha Garikapati Lesley Ngui Sarah Butler Moira McKenzie GI & Sanicki Lawyers Tiffany Stephenson Department of Defence Benjamin Hunt Ian Robertson Linda Rubinstein Sarah Cunynghame Nick Cooper Tim Guy K&L Gates Dan Pearce Leigh Krafchek Sam Berry Peter Creighton-Selvay List G Barristers Tony Grujovski Actuate IP Peter Dominic Ryan Tracey Wren Orica Australia MINTER ELLISON Sally-Ann Rowland Sally-Ann Rowland - IND-37809 Yasmin Naghavi Media Arts Lawyers Charles Alexander Gus Skavronskas Kelly Griffiths Pinar Ozer WA Darshini Nanthakumar Helen Paterson Lauren Edge Robert Cooper Dennis Schubauer James Patto Lucy McGovern Simon Moses Adam Levin Jackson McDonald Lawyers Jamie Lyford Elevation Partners Pty Ltd Emily Hawcroft John Fairbairn Paul Jeffreys Andrew Johnstone DLA Piper Australia June Kenny Dwyer Durack Gilbert Tsang Jonathan Kelp Paul McGinness Andrew Lu OAM Jarman McKenna Marie Wong Wrays Lawyers Grant Lubofsky Joseph Cram Paul Wentworth Carmel Galati Edwards Wallace Lawyers Michael Paterson Michael Paterson & Associates Catherine Toal Wrays Lawyers Stephanie Faulkner Wrays Lawyers arts law would like to thank the following daytime volunteers and interns

OFFSITE TELEPHONE ADvice ASSISTANCE provided by lawyers and law firms in 2014 DAYTIME VOLUNTEERS

ALLENS LINKLATERS Christian Allen John Fennel Olivia Kilponen Joshua Rizk Simone Black Kate Fuery Ruthanna Klawansky Rachel Roberts Alistair Oakes Clare Young Kaelah Ford Roseanna Bricknell Kristina Cavanna Samantha Gallagher Harry Knight Maiko Sentina Amy Reid David Harris Ken Wong Sibella Matthews Jeffrey Chan Bianca Gallifuoco Lisa Lee Katherine Sessions Anastasia Hardman Georgina Herring Matt Vitins Stephanie Essey Annella Cox Pierce Hartigan Jessica Manthey Stephen Sharpe Annabelle Williams Hamish Collings-Begg Nadia Guadagno Theodore Souris Matthew Dinh Hanna Hong Sarah Miles Marta Smerechuck Anna Pogson Isabelle Guyot Pip Jones Tom Griffin Jay Drury Lucy Hughes Patricia Nonis Michael Tran Ben Murphy James Gonczi Rebecca Kok Tracy Lu Lisa Duff Lucy Jackson John Oddy Brooke Silcox Joel Barrett Richard Sawyer Victoria Eastwood Kendrea Fang Neha Kasbekar Thea Porter Brydon Wang Jonathan Adamopoulos Rob Clark Vivien Campbell Chris Govey Julia Kovarsky Robert Munoz William Coote INTERNS

FINLAYSONS Elyka Anvari Harvard University Tom Hakkinen Macquarie University Kendall Bass Harvard University Chelsea Handler Harvard University Bridget Hobbs John MacPhail Paul Gordon Rosalind Miles Madeline Briscoe QUT Sophie Kannemeyer QUT Carl White Tatiana Fouque EFB Paris Bar School Harry Knight Thomas McGill University Brian Lee UNSW HERBERT SMITH FREEHILLS Gagnon-Van Leeuwen Rebecca Matte Harvard University Ian Haggis UNSW Aaron Hayward Claudia Adams Helen Cousins Melissa Goode Alicia Simonds Daniel Forrest Joseph Elks Richard Burgess PRO BONO LAWYERS from the 2014 WILLS TRIPS Anna Gibson Daniel Posker Katherine Gregor Sarah McKeith Anna Vandervliet Grace Pead Mark McLennan Shalom Andrews Ashley Carlstein Hannah Stevens Melanie Armsby Katie Pryor Broome, Fitzroy Crossing, Derby - 30/03/14 – 5/04/14 Chelsea Roche Hannah Wright Melanie Bouton Matthew Geary GADENS Eleanor Wheelhouse GADENS

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 38 39

Darwin, Garden Point (Pirlangimpi Community), Jilamara, Elcho Island - 25/05/14 – 1/06/14 Finances Arts Law continues to work with the Australia Council, and all States and Territories on a Carrie Follas DLA PIPER Goal National Funding Agreement (NFA) for Arts Law. Maintain long term viability of the organisation In 2014 all States and Territories together with the Darwin, Katherine, Beswick - 11/05/14 – 16/05/14 through increasing income independent of gov- Australia Council contributed to Arts Law’s funding ernment. base with 5 States/Territories and the Australia Patricia Adjei Copyright Agency Limited Robert Tobias DLA PIPER Council signing the NFA thus providing the About groundwork for a more sustainable funding base. Alice Springs, Tapatjatjaka - 10/06/14 - 14/06/14 Arts Law’s service and expertise is unique and vital to the sustainability of the Australian In 2014 Arts Law also received continued support Nadine Courmadias TELSTRA artistic community. While government funding from Department of Aboriginal Affairs WA, Copy- is essential to that sustainability, allowing us right Agency, Phonographic Performance Com- Darwin - 7/08/14 – 11/08/14 to offer affordable legal advice, education and pany Australia (PPCA) and Film Victoria. Screen resources to Australia’s artists, we acknowledge Territory & Arts Access Australia also contributed. Adrienne Lyle TELSTRA the limitations of government funding and we are focusing on generating income through What’s Next Weipa, Aurukun - 29/09/14 – 3/10/14 the services we offer as well as increasing In 2015 and beyond Arts Law’s highest financial philanthropic support. In 2014 both publication priority will be working to increase income from Emily Christie DLA PIPER Patricia Adjei Copyright Agency Limited sales and education income showed a significant a range of sources in order to employ additional increase. Fundraising events proved very staff to meet the demand for Arts Law’s ser- Hearts for Arts Law Committee successful in both raising the profile of Arts vices. Importantly Arts Law must maintain a Law and financially, giving us a net income from level of funding for Artists in the Black to ensure events and donations of $135,000. While funding a sustainable program of activities on a nation- Lishan Ang Sarah Cunynhame Alexandra Gilbert Nita Rao for Artists in the Black has been particularly al basis in order to meet the ongoing needs of Jennifer Arnup Allegra Day Heather Huddleston May Samali vulnerable, the Attorney-General’s Department Aboriginal and Torres Strait Islander artists and Kathryn Barnes Azita Doudman Lyndal Keevers Isabella Street has now committed funds till June 2017 ensuring the organisations which support them. Arts Law Alice Byrnes Haydn Flack Faraz Maghami Annabelle Williams the security of the service in the short term. will continue its fund-raising activities through events and work to increase donations and In 2014 Arts Law was fortunate to be the philanthropic income to support the work of Arts recipient of additional funding from the Australia Law, especially Artists in the Black, to supple- Council for the Arts through their ‘Unfunded ment vital Government support. 2015 also sees Excellence’ fund. This fund was distributed to the introduction of Australia Council for the Arts organisations demonstrating excellence despite new funding regime with 6 year funding being on lack of funding. This gave us an extra $200,000 offer for the first time. Arts Law will be applying for 2014 and allowed us to rebuild our websites, for an increase in its funding base to maintain creating an ‘information hub’ with greatly existing staff levels and services. Current funding improved search functionality. We also worked levels are insufficient to maintain current staffing on developing our education program, increased levels on an ongoing basis. the number of document reviews we were able to offer and funded much needed travel for our Artists in the Black program.

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 40 41

Income Expenditure

INCOME EXPENSES Earned Income 166,274 Salaries and On-Costs 903,075 Other Activities 23,251 Education & Publication Expenses 17,707 Interest Received 20,737 Marketing & Promotion 12,273 Private Sector Income Office Rent and Running Costs 26,948 Donations & Fundraising Income 135,335 Office Consumables & Resources 32,629 Copyright Agency 12,000 Communications 17,198 Phonographic performance 15,000 2014 Travel 71,805 2014 Company of Australia (PPCA) Insurance 10,632 Arts Access Australia 2,000 Legal, Finance & Governance Costs 27,618 Total Private Sector Income 164,335 Depreciation & Amortisation 27,018 Operational Grants Sundries 18,331 Australia Council for the Arts 242,622 Total EXPENSES Attorney-Generals Dept 180,000 Net Profit/(Loss) 209,043 Screen Australia 25,000 Arts ACT 10,000 Arts NSW 125,214 DoAM NT 25,000 Arts QLD 30,000 Arts SA 4,443 Arts TAS 7,000 Arts VIC 50,000 DCA WA 15,000 Film Victoria 5,000 Total Operational Grants 719,279 Project Funding Australia Council Unfunded Excellence 200,000 Ministry for the Arts (AITB) 30,000 Arts QLD (AITB) 20,000 Dept of Aboriginal Affairs WA (AITB) 26,400 Screen Territory 4,000 Total Project Funding 280,400 Total Income 1,374,275

Arts Law Centre of Australia | 2014 Annual Report Arts Law Centre of Australia | 2014 Annual Report 42

Supporters & Funders

Guardian Angels Our 2014 Guardian Angels Arts Law receives generous donations from many of our $5,000 or more • Adam Casselden supporters, who may be clients, legal professionals, arts • The Hon David Levine AO • Campbell Hudson organisations or people who are just passionate about justice RFD QC • Shane Simpson AM for artists. These donations help us to continue to empower • Arts Law Centre of • The Hon George Palmer artists and stand up for their rights. Our supporters who Queensland AM QC make significant donations of a thousand dollars or more, per • Jeremy Eccles annum, become an Arts Law ‘Guardian Angel’. $1,000 - $4,999 • Jane Needham SC • Irene Moss AO Arts Law’s Guardian Angels are an elite group of individuals • Alison Leslie and businesses committed to ensuring artists and • The Hon Justice Margaret organisations receive correct and excellent information and Beazley AO advice about their rights, responsibilities and importantly how • The Hon Peter Heerey to secure an income from their creative work. AM QC

Arts Law Centre of Australia | 2014 Annual Report arts law centre of australiA Web www.artslaw.com.au | Phone 02 9356 2566 or 1800 221 457 Fax 02 9358 6475 | Email [email protected] Address 43-51 Cowper Wharf Rd, Woolloomooloo NSW 2011