supporting artists' professional development
Henson Aftermath
After the most remarkable media frenzy over the censoring of Bill Henson’s artwork, things are beginning to the calm down. In reviling the artworks, the Prime Minister has made it clear that he is only expressing a personal opinion. The Classification Board has rated Henson’s most contentious work as PG. The Director of Public Prosecutions has advised that charges should not be laid either against the artist or the Roslyn Oxley9 gallery, because they would not have much prospect of securing a conviction.
However, it will be important not just to dust ourselves off and think that it is all over. That such a thing can happen is very concerning. It shows how rubbery is everyone’s understanding of the law and the extent of police powers, knowing how judgements are made in such cases and what are the appropriate actions to take when complaints are made.
There are aspects of the law that set down the limits beyond which no-one can go. They cover such things as obscenity and indecency, blasphemy, sedition, defamation, racial vilification, privacy, copyright and breach of confidence. The courts interpret where the borderlines lie. In the Henson case, the issues to be decided would have been whether they were artistic works, the intention of the artist, whether they showed children in a sexual context, and whether an indecent article had been published which would offend the modesty of the average man or woman in sexual matters.
This case highlights again how much we need to be concerned that in Australia there is no right to freedom of expression under our Constitution. Although the High Court has held that there is an implied guarantee of freedom of communication in the Commonwealth Constitution, without a Bill of Rights, our freedom of expression is not protected.
Art Censorship Forum
If you would like to hear these matters discussed, come to ‘Art Censorship: the Bigger Picture’ a free public forum organised by Watch on Censorship and NAVA. It will be held in Sydney at the Museum of Contemporary Art from 6.00 to 8.00pm on Thursday 12 June. The stellar line-up of speakers comprises ABC TV film critic Margaret Pomeranz, journalist and writer David Marr, barrister and human rights advocate Julian Burnside, writer Clive Hamilton, artist Ian Howard, head of the College of Fine Arts Uni of NSW, Hetty Johnston, director of Bravehearts, and Tony Bond Deputy Director of the Art Gallery of NSW. All welcome.
Resale Royalty Right
Is this going to be a hollow victory? There was excited anticipation when the government announced in its recent budget, an allocation of $1.5 million over three years to support the establishment of a resale royalty scheme for visual artists. After lobbying for it for over twenty years, organisations like NAVA were euphoric.
However, as always the devil is in the detail and we are beginning to be anxious about the limits which may be placed on the scheme. Of greatest concern is the possibility that instead of being applied immediately the scheme is established to all secondary sales, it may only be levied on works which are first sold after the legislation comes into force. In real terms this could mean that by the time these works found their way into the secondary market, it could be another twenty years before artists will gain any real benefits. What a sellout that would be!
Then there is the matter of the threshold at which the royalty would be applied. NAVA has argued that this should be as low as possible (say $500) so that most artists can benefit. If only artworks above the value of say $10,000 are covered, relatively few artists will reap the benefits.
Several organisations which have been advocating for this right for many years met in Sydney last week to discuss the implications of the government’s issues paper and the discussions held recently with senior members of the Department of Environment, Water, Heritage and the Arts. A response is planned by the arts industry, to try to provide further expert advice to the government so that all the years of lobbying will result in a scheme that is more than mere tokenism.
Melbourne Art Fair
This year you wont find NAVA in its usual hotspot near the café in the Exhibition Building at the Melbourne Art Fair. We don’t know what we have done wrong but we have been sent upstairs. Now you will have to look for our stall next to the art magazines. However, this does not dampen our enthusiasm and you may be accosted by roving lolly girls handing out NAVA goodies so keep your eyes open for a bargain. If you are not a NAVA member we can join you up on the day to give you immediate access to all the entitlements and discounts that NAVA members enjoy. See you at the fair.
