Guidelines for the use of Silo and Water Tower Art Images
Understanding Copyright Law and Artists Moral Rights
The purpose of these guidelines is to give introductory information about Copyright.
If you need to know how the law applies in a particular situation, please seek legal advice.
Overview
The information provided in these guidelines are for anyone wishing to use a photograph of silo art, and to understand the Copyright Law of Australia and the artist moral rights.
ASAT does not hold the Copyright of any silo art and is unable to give permission for its use. ASATs purpose is to promote the artwork as a national trail, for the benefit of the local communities and regional tourism.
As part of our commitment to the silo art movement, the local communities, and the individual artist, we have prepared these guidelines to inform the public of copyright law, which will help protect the artist and the photographer.New Paragraph
Key Points
Copyright in Australia automatically protects most artistic works that have resulted from some skill and effort.
When an artist creates a silo art in the public realm as a tourist attraction for the local community, there is an implied license that the artwork can be photographed for personal use and shared on social media platforms such as Facebook and Instagram.
Copyright of silo art, essentially means that others need permission from the copyright holder to use an image of the artwork, especially for a commercial purpose, such as:
- using an image on merchandise
- creating tourist souvenirs for sale in shops or at markets
- using an image to promoting a business or a tour
- selling a photograph on platforms such as iStock, Shutterstock, and Etsy.
In most cases the artist is the first Copyright holder, however there may be instances and agreements in place for the silo owner, the group or person who commissioned the artwork, or work created for the government who may also hold the copyright and need to provide permission for its use.
GrainCorp are the commercial owners of many silos that have silo art murals and have provided guidelines for the commercial use of any image of silo art on their silos. Please view their guidelines.
Artist moral rights are to ensure that any use of an image of the artwork is credited to the creator of the work, and is not subject to derogatory treatment, such as modifying the image.
Further resources are available from Australian Copyright Council and the Arts Law Centre of Australia.
For Frequently Asked Questions and Examples of Copyright Infringement and uses of Silo Art Images, please download a copy of the guidelines.
If you are an artist, and you need legal advice, we can highly recommend Arts Law Centre of Australia.
