There are many ways in which a visual artist’s or photographer’s rights in the work they create are specifically protected at law outside of pure copyright protection.  An understanding of the way these protections apply are vital for anyone who wants to make the most out of their activities in art world.  In this Fact Sheet we consider these rights and the key aspects to them that you need to be aware of.  The specific questions we address are:

•    What are moral rights?
•    How do moral rights apply to visual artists and photographers?
•    What rights do moral rights actually provide for?
•    What does the ‘right of attribution’ mean in practice?
•    What does the right against ‘false attribution’ mean in practice?
•    What does the ‘right of integrity’ mean in practice?
•    What does the ‘right of privacy’ mean in practice?
•    What can I do if someone is infringing my moral rights?
•    Can I transfer my moral rights to someone else?
•    How long do moral rights last?
•    Do moral rights need to be registered?
•    Are there any situations where moral rights do not apply?

Copyright is one of the underpinning legal principles in the film and TV industries as copyright helps to define the chain of tile in ownership of not just finished film and TV productions, but also the underlying source material that such productions are based on and any number of other musical or visual elements that comprise a production.  Moral rights also play an important role in the film and TV industries due to the specific rights they provide to both directors and creators of certain kinds of works.  To help explain how copyright and moral rights work in the film and TV industries the specific questions we address in this Fact Sheet are:

•    What is copyright?
•    How does copyright apply to the film and television industries?
•    What else does copyright apply to?
•    What are the individual rights that are included in copyright?
•    Who owns the copyright in a film or television programme?
•    Can more than one person own the copyright in something?
•    Do I have to register my copyright?
•    Are there any other requirements before copyright will apply?
•    How long does copyright last for?
•    How do people know that I am the owner of my copyright?
•    Are there any situations where copyright does not apply?
•    Are my copyright rights enforceable throughout the world?
•    What is copyright Infringement and how does it occur?
•    What can I do if someone is infringing my copyright?
•    How do I transfer my copyright to someone else?
•    Do I have to assign my copyright to enable someone else to use it?
•    What is the real difference between assigning and licensing copyright?
•    What are moral rights?
•    How do moral rights apply in the film and television industries?
•    What rights do moral rights actually provide for?
•    What does the ‘right of attribution’ mean in practice?
•    What does the right against ‘false attribution’ mean in practice?
•    What does the ‘right of integrity’ mean in practice?
•    What can I do if someone is infringing my moral rights?
•    Can I transfer my moral rights to someone else?
•    How long do moral rights last?
•    Do moral rights need to be registered?
•    Are there any situations where moral rights do not apply?

In the film and TV industries producers play a critical role balancing the creative and practical business requirements of a production.  Because of this there are many different aspects to a producer’s role that need to be appropriately clarified and defined in any agreement with a producer.  To help shed some light on some of the issues that need to be addressed in producer agreements the specific questions we address in this Fact Sheet are:

•    What does a Producer do?
•    What is the difference between an “Executive Producer” and a “Line Producer”?
•    Is the Producer responsible for signing all the legal documents?
•    Does the Producer contract as an individual?
•    How long does a Producer Agreement last for?
•    Can the Producer work on other projects as well?
•    Does the Producer own the copyright in the film?
•    Does the Producer have the final say in hiring the cast?
•    How does the Producer get paid?
•    Does the Producer receive a credit in the film?
•    Is the Producer in charge of publicity for the film?
•    What other things is the Producer expected to agree to?

When operating in the creative industries there are many different ways that you can legally structure your business or activities to most efficiently provide for your particular tax or general legal situation.  Being well informed of the different options so that you can make the best choice going forward is vital.  To assist with this, in this Fact Sheet the specific questions we address are:

•    What is a business structure?
•    Why do I need to worry about business structures?
•    What are the different ways I can structure my business?
•    What is a sole trader?
•    If I’m a sole trader do I have to use my own name for the business?
•    If I’m working for someone else am I still a sole trader?
•    Why is it important to establish whether I’m an employee or a sole trader?
•    What are the advantages and disadvantages of being a sole trader?
•    How much administration is required in being a sole trader?
•    What is a partnership?
•    Do we have to agree to form a partnership?
•    How does the Partnership Act affect us?
•    Do we need a written Partnership Agreement?
•    What are the advantages and disadvantages of a partnership structure?
•    How much administration is required in a partnership structure?
•    What is a limited liability company?
•    How is a company different to other structures?
•    How do we agree how our company is to be run?
•    What is a Shareholders Agreement?
•    If we are a band is there anything we should specifically include in our Shareholders Agreement?
•    How much administration is required in a company structure?
•    What are the advantages and disadvantages of a company structure?
•    What is a “non-profit” organisation?
•    Why adopt a non-profit legal structure?
•    Are there different types of non-profit organisations?
•    What is a Charitable Trust?
•    What makes a trust a “Charitable Trust”?
•    What is the benefit of having “Charitable” status?
•    Can only trusts have charitable status?
•    How do I go about arranging for charitable status?
•    How relevant is a non-profit type structure to my business?

Obtaining appropriate insurance is vital for visual artists and photographers.  Just like any kind of endeavour the creation of art brings with it its own unique risks that need to be specifically considered and provided for.  In this Fact Sheet we consider some of the key principles for visual artists and photographers to be aware of when it comes to insurance. The specific questions we address are:

•    Why do I need insurance?
•    Where can I buy insurance from?
•    What are the types of insurance a visual artist or photographer can get?
•    Are there any types of insurance I should make sure I have for certain projects?
•    What are some of the key things I should make sure that insurance covers me for in any situation?
•    Are there any types of events or things that I won’t be able to get insurance for?
•    If my work is with a gallery do I still need to have the work insured?
•    If the gallery isn’t going to insure my work what should I make sure my insurance in respect of my artwork covers?
•    What type of information do I have to provide when seeking insurance cover?
•    How can I make sure my insurance premiums stay as low as possible?
•    Can I get insurance to cover work being transported to or from a gallery?
•    Should it be my responsibility or the gallery’s to arrange insurance for transporting my work to and from the gallery?
•    What types of things will invalidate my insurance in any case?
•    Can I still get insurance cover if I am not operating through a company?
•    How much does insurance cost?
•    What details about my situation will an insurer want to know?
•    Will my policy be invalidated if I’m late with paying a premium?
•    If I have to claim under my insurance how long will it take to get paid out?
•    If I insure an artwork and it is damaged partially but I don’t think it can reasonably be repaired can I demand to be paid out for it or is it the insurance company’s decision?
•    If an insurance company pays out for a damaged beyond repair piece of artwork do they then own the artwork and can they do with it what they want?

Trade marks are a type of intellectual property just like copyright is a type of intellectual property.  However trade marks exclusively protect brands and logos and other related aspects of a company’s or person’s products or image.  Trade marks can also play a key role in helping to maintain the value you create in your business or creative endeavours.  In order to try and demystify how trade marks work in practice the specific questions we address in this Fact Sheet are:

•    What is a trade mark?
•    What is an example of a well known trade mark?
•    What is goodwill?
•    How are trade marks protected?
•    When are my rights in a registered trade mark breached?
•    Why should I register a trade mark?
•    Must I register a trade mark?
•    What does the ® symbol and the ™ symbol mean?
•    What is the first step in registering a trade mark?
•    How do I apply to register a trade mark?
•    What are ‘classes’?
•    How much does a trade mark application cost?
•    Are all trade marks registerable?
•    What happens after my application is filed?
•    How long does registration last?
•    Is registration in New Zealand also effective overseas?
•    When do I get rights in a trade mark which I have registered in another country?

There are limits at law in respect of what one person can say about another where any such statements are intended to unfairly attack the reputation of that person.  The legal term given to this defamation.  In order to try explain how defamation works in practice the specific questions we address in this Fact Sheet are:

•    What is defamation?
•    When does defamation occur?
•    What is a defamatory statement?
•    When does defamation occur?
•    What are the defences to defamation available?
•    What is the defence of ‘Truth’?
•    What is the defence of ‘Honest Opinion’?
•    What is the defence of ‘Privilege’?
•    What happens if the court finds that defamation has occurred?
•    How can I avoid the risk of having action taken against me for defamation?

•    What is a Commission Agreement?
•    Will I still own copyright in the artwork?
•    Can the Commission Agreement be used to change who owns the copyright?
•    Are there any other rights I should retain?
•    What information do I need from the commissioner?
•    Should I charge for any initial design work?
•    Should I specify the overall cost for the project?
•    When will I get paid?
•    Who is responsible if the artwork gets damaged?

Few relationships are as important to an artist as the relationship an artist has with their gallery.  Artist and gallery relationships are however often relatively complex and there are a number of different rights and obligations of both parties that need to be appropriately defined and clarified.  The best way to do this is in a written agreement.  To help explain artist and gallery agreements the specific issues we address in this Fact Sheet are:

•    Are all Artist and Gallery Agreements the same?
•    How should an artist’s relationship with a gallery be defined?
•    Should I grant one gallery the right to represent all the different kinds of work I create?
•    Should the agreement specify the exhibitions the gallery is to arrange?
•    What’s the usual term of an agreement?
•    Who owns the copyright in the work if it is sold?
•    What should my obligations to the gallery be?
•    What rights should the gallery have?
•    Who decides what prices should be given to the works?
•    What will I have to pay the gallery?
•    When will I get paid?
•    Is it my responsibility to insure the work?

To be directed to the Local Government (Auckland Reorganisation) Bill, Click Here

Here is the overview of the legislation, for quicker reading

Creating a Super City: Auckland Council Legislation (421)

Here is an excellent advisory document from Parliament called ‘Making a Submission to a Parliamentary Select Committee’
Making a Submission to a Parliamentary Select Committee (218)
Here is an example of a submission that the Waitakere Community  Coalition have drafted…
Waitakere Community Coalition Submission (draft) (229)
And here is a mock submission by the Labour Party
Labour Party Mock Submission (236)
Post your submission to:
Auckland Governance Legislation Committee
Committee Secretariat,
Auckland Governance Legislation,
Parliament Buildings,
Wellington.

Email your submission to:

AGL@parliament.govt.nz