Commencement Date: This policy commences on February 15, 2011.
To ensure artists and those attending bentART Inc. are familiar with bentART Inc.’s position regarding the use of media and its policy on privacy issues.
This policy applies to all artists, volunteers and patrons who attend the bentART Inc. exhibition.
3. POLICY STATEMENT
Artists own their own copyright, and it can never be taken from them, once the work has been exhibited or distributed with the artist’s name intact and some reference to the date of first exhibition and publication. If an artist’s work is reproduced without permission any action in response to that lies with the individual artist. However, it should be noted that a painting in the background of a group shot does not constitute a photograph of that painting, any more than a photograph of a particular brand of car in the background of a street shot constitutes a photo of that brand of car. bentART does not hold itself out as a copyright protector for artists or as a privacy protector for exhibition attendees. This is common sense, as the event is in the public domain – being free, open to anyone and taking place in public. Attendees should note the posing for a photograph or a video is implied consent to publish/distribute without limit, and attending at an advertised event is implied consent to be photographed or filmed at that event. Attendees should, therefore, note that they may be photographed at the event, and artists that their work may be photographed as part of general photography for the event. bentART Inc. is not responsible for photos taken by patrons. Artists should also note that bentART may photograph their work and publish it on their website and social media sites or distribute photographs to other media for publicity purposes in which case suitable acknowledgement of the artist name and title of the work would be made (see Conditions of Entry on bentART’s website for more information).
To summarise, artists own their own copyright, and bentART Inc. owns the copyright of the event and all the media it generates for the event (including bentART Inc.’s website, social media sites and all printed materials), however, note the following:
a. bentART Inc. must be asked permission in writing for all media presence at events and all use of media and will consider such applications on a case-by-case basis.
b. bentART Inc. may impose limits on the use of captured media.
c. bentART Inc. may charge a facility fee for captured media.
d. bentART Inc. must be acknowledged in all captured media.
e. bentART Inc. requires pre-distribution sign-off of any captured media.
f. bentART Inc. is not responsible for breaches of copyright or privacy arising from captured media. bentART Inc. advises all those attending bentART Inc. events including artists, sponsors, bentART members and members of the public that local, regional, national and overseas media outlets may be in attendance covering the event in a variety of media.
g. bentART Inc. requires all media to have either current errors and omissions insurance and/or use relevant clearance forms and/or seek permission from and advise subjects/interviewees of media distribution for each posed and individual/group shots.
bentART’s website: http://www.bentart.com.au
President Julianne McWhirter
Policy Contact Jonathan Llewellyn, Vice President
Approval Authority bentART Committee
Review Date 3 years from date commencement of the policy
Last reviewed: 3 March 2017