The Hon Rod Kemp was Minister for the Arts and Sport from Friday 23 November 2001 to Tuesday 30 January 2007. This site is available for archival purposes only.

Support for Visual Arts and Crafts Practitioners

The Howard Government is continuing its strong support of Australia's arts and crafts sector with significant progress in key areas raised in the Contemporary Visual Arts and Craft (Myer) inquiry.

The Government is already enhancing the working environment for our visual arts and craft practitioners with major initiatives in areas including intellectual property, taxation incentives and the regulatory environment.

In December last year, the Howard Government, along with all State and Territory governments, announced the landmark $39 million four-year Visual Arts and Craft Strategy to increase the viability and vitality of Australia's contemporary visual arts sector.

In addition to this significant increase in financial support for the sector, the Howard Government has also developed a range of legislative and regulatory initiatives in response to recommendations in the Myer report, which include:

• introducing legislation to extend the term of copyright by 20 years for copyright material including artistic works;
• conducting a three-year review of the operation of the Digital Agenda Act;
• developing a public tax ruling on what it means to be in business as a professional artist;
• allowing a tax deduction for contributions to a deductible gift recipient of $250 or more to attend a fundraising event where an associated minor benefit is received;
• introducing legislation to bring the duration of copyright in photographs in line with that of other creators of original artistic material; and
• developing legislation to strengthen the protection of indigenous arts and cultural expression through the creation of indigenous communal moral rights.

The Government will continue to work with representative organisations, such as the National Association for the Visual Arts, to ensure that Work for the Dole can support eligible community-based arts-related projects.

The issue of resale royalties is also important to artists and it is being considered as a matter of priority. A discussion paper on resale royalty has been prepared and is available from the consultation link on the arts and culture homepage at www.dcita.gov.au. The discussion paper calls for public submissions to enable full consideration of the issue.

Other recommendations from the Myer report are under consideration. The significant progress so far demonstrates the Howard Government's continuing commitment to the important arts and crafts sector. 

Media Contacts:
Carina Tan-Van Baren (Mr Williams) (02) 6277 7480/ 0439 425 373
Richard Wise (Senator Kemp) (02) 6277 7350/ 0438 204 554

Update on the recommendations of the
Report of the Contemporary Visual Arts and Craft Inquiry

• The Government has introduced amendments to extend the term of copyright protection for artistic works to 70 years after the death of the creator, bringing Australian copyright protection in line with emerging international standards.
• The Government has introduced amendments to bring the duration of copyright in photographs in line with the protection afforded to other creators of original artistic material. This is a significant copyright development as it means that photographers will receive copyright protection for their work throughout their lifetime, and will also allow their descendants to enjoy the benefits of copyright protection in those photographs for 70 years following the photographer's death.
• The Government is in the advanced stages of progressing amendments to the Copyright Act to strengthen the protection of indigenous arts and cultural expression through the creation of indigenous communal moral rights. These amendments will provide a consensual model based on voluntary agreement between the creator and the indigenous community, and are designed to foster cooperation between creators and indigenous communities in ensuring respectful treatment from the broader community of works embodying community traditions.
• The Government's Digital Agenda legislation is aimed at giving creators including artists some control over how their work is electronically transmitted to the public or made available online. The Government is conducting a three-year review of the operation of the Digital Agenda Act and related reforms. The findings of an independent consultancy on various aspects of the Digital Agenda reforms were published by Government in April 2004. Some of the consultancy's recommendations were used to inform the Government's implementation of the Australia-USA Free Trade Agreement amendments. The Government will finalise the broader Digital Agenda review in the near future.
• The Government notes that section 53(e) of the Trade Practices Act 1974 prohibits the making of false or misleading representations concerning the place of origin of goods, including whether imported goods are of Australian indigenous origin.
• The Prime Minister recently announced a new initiative to enhance the ability of the not-for-profit sector, including cultural organisations, to use special events to fundraise. From 1 July 2004 individuals contributing $250 or more to a deductible gift recipient to attend a fundraising event where a minor associated benefit is received will be able to claim a tax deduction for the difference between the contribution and the value of the benefit. This builds on the Cultural Gifts Program and the Artsupport Australia initiative, which increase the level of philanthropy directed to arts and culture.
• The Australian Taxation Office has been working closely with the Department of Communications, Information Technology and the Arts, the Australia Council for the Arts and the arts sector to develop a public tax ruling on what it means to be carrying on an arts business. The Myer Inquiry identified this as providing greater clarity and certainty for the visual arts and craft sector about its tax status. A draft ruling should be released shortly for public comment.
• The Government will further consider issues associated with the $40 000 limit on the secondary income of artists when it receives advice from the Board of Taxation on its review of the non-commercial losses legislation. The Board is expected to submit its report to the Government later this year.
• The Government has not agreed to proposed amendments to the Cultural Gifts Program, including a 125 per cent tax deduction for gifts of contemporary art. The proposed changes would be inconsistent with broader taxation policy. The Cultural Gifts Program continues to operate very successfully within existing parameters.
• The Visions of Australia program, which supports the development and touring of exhibitions, will be amended so that the program is able to fund tours of contemporary visual art and craft exhibitions that focus on the work of a single living artist.