Emily Rose: Protecting your ICIP and moral rights

Emily Rose is a multimedia artist and proud fourth-generation Noongar/Yamatji woman based in Perth (see her website, State of Rose). She attended Arts Law and Creative Australia’s “Digital Download” workshop in Perth in September 2024, where Arts Law delivered presentations to empower Aboriginal artists through education about intellectual property, including Indigenous Cultural and Intellectual Property (ICIP), in the digital age.

Emily met with Arts Law staff after the workshop and raised legal questions about some of her existing commission and licensing contracts. Arts Law advised Emily through our Document Review Service (DRS), where Arts Law reviews and helps amend licensing agreements for artists to ensure fairer outcomes.

From the advice provided by Arts Law, Emily learned that one of the licences she had granted was much broader than she initially understood at the time of signing the contract. However, Arts Law was able to facilitate a positive outcome for Emily by approaching the issue from the angle of protecting her moral rights in the artwork. By applying the information she had gained from the Digital Download workshop and subsequent DRS, Emily successfully negotiated a new fee with the commissioner.

Arts Law also reviewed the intellectual property clauses of a public artwork commission agreement Emily had signed. Emily left this discussion feeling confident in her copyright and licensing rights.

Arts Law continues to advise Emily on her commission contracts to create other artworks. We are pleased to hear Emily’s feedback on our DRS:

“Since attending the workshop, I have gained a much broader understanding of my rights as an artist. I feel more grounded and confident in navigating arts law, setting boundaries, and protecting my work through copyright and agreements. This knowledge has empowered me to support other artists on their journeys, encouraging them to feel no shame in asking for agreements or confidently saying yes or no.”

It is always a pleasure for Arts Law to develop ongoing relationships with emerging and established Aboriginal artists, to continue to support them at all stages of their careers.

Arts Law has many agreements available for artists including where artists are commissioned to create new works, or approached to license their pre-existing works. Artists should consider obtaining legal advice before signing any agreement and can ask Arts Law to review an agreement under our Document Review Service.