27756 Law and the Arts

Subject level: Postgraduate

Handbook description

This subject considers the law as it impacts on arts managers and their clients. It examines the legal responsibilities that may be found in day-to-day practice and considers the appropriate responses. It familiarises students with those laws that they can expect to encounter in their professional life. A mock trial is held on topical areas and on issues relevant to practice.

Subject objectives/outcomes

On successful completion of this subject, students should be able to:

1. Demonstrate fundamental knowledge of the legal environment and its impact on the artists and arts organisations
2. Demonstrate knowledge of laws and regulations relating to company structures, copyright, intellectual property, moral rights, contacts, trade practices and insurance
3. Demonstrate the ability to recognise legal obligations in arts management contexts.

Contribution to graduate profile

Knowledge and application of relevant legal responsibilities and duties is critical to arts organisations. This subject provides students with a basic understanding of the legal system and pertinent laws and how they impact on their day-to-day activities. It provides the legal context in which they will operate in their professional careers.

Teaching and learning strategies

Lecture and seminars will be integrated with student presentations and case studies and a field trip to the law courts.

Content

• The Australian legal system
• Torts
• Contracts: legal principles and negotiating skills
• Consumer protection laws
• Agency law
• Copyright, intellectual property, resale royalty rights, performers right and moral rights for arts managers
• Licensing copyright
• Legal structures for arts organisations and insurance
• Employment issues: contracts, awards, tax and superannuation
• Restrictions on freedom of expression: obscenity and defamation.

Assessment

Recommended text(s)

Book of Readings

Indicative references

Australia Council, (1997), The Corporations Law: A Practical Guide for the Arts, Australia Council: Sydney

Fargher, C. (1993), The Arts Insurance Handbook Arts Law Centre of Australia, Sydney

Jeffrey, T. (1996), Film Business Australian Film Television and Radio School, Sydney

Lahore, J. (n.d.), Copyright Law (looseleaf service) Butterworths, Sydney

McAllister, M. (ed.), (2002), The Law Handbook (8th ed) Redfern Legal Centre Publishing, Sydney

McDonald, I. (ed.), (1998), Protecting Indigenous Intellectual Property (2nd ed) Australian Copyright Council, Sydney

Simpson, S. (2002), Music Business, Omnibus Press, Sydney

Stokes, J. (1997), Earning a Living in the Visual Arts and Crafts (3rd ed.), Hale and Iremonger, Sydney.