Art of Resistance Artist Agreement
1. Art of Resistance is a community of artists who seek to use their talents to help create social change in Australia by challenging the way we perceive the world. The Art of Resistance website allows you to promote your art by making it available for public viewing/listening, and to connect with other like-minded artists.
2. Art of Resistance will hold events throughout the year and your submitted art will be automatically considered for inclusion, where appropriate. You will be notified if this is the case. Events will typically be geographically specific, and may be genre/medium specific.
3. Other Art of Resistance contests may appear online, and your submitted works may also be considered for these where appropriate.
4. Acceptance of this Artist Agreement forms part of your submission.
5. Art of Resistance/TEAR Australia allows for artists under contract to submit work, though it must be within your rights under contract to do so.
6. Artists may be registered with the Australasian Performing Right Association (“APRA”) when they submit works. However TEAR Australia will take no responsibility for reporting performances to APRA.
7. Subject to the prior rights of APRA, if any, you grant TEAR Australia a non-exclusive licence to exercise all rights to any Material you submit at any time.
8. Upon submission of works you give TEAR Australia permission to use material for the purpose of the promotion and communication of Art of Resistance and TEAR Australia, including but not limited to social media sites such as Facebook and Twitter. TEAR will seek permission for use for any other purpose.
9. Your Material will not be edited or adapted at any time, though they must conform to the Submission Guidelines.
10. Subject to any prior rights you have already granted to APRA, you warrant and represent: a) you exclusively own or control, or are licensed in writing, all right, title and interest in the copyright in the works, including control over all images, film, words, music and any sound recording embodied in the works, to permit you to grant to TEAR Australia all of the rights in this agreement; b) you have not granted any other entity or person any exclusive rights, which are inconsistent with the rights you are granting to TEAR Australia; c) there is currently no claim by a third party, or argument, dispute or litigation regarding ownership of the works or copyright ownership in images, film, words and audio in the works; and d) you indemnify TEAR Australia against any claims, damages or expenses that result from a breach of these warranties.
11. If you are under 18, ensure you have the consent of your parent or guardian.
12. You acknowledge that TEAR Australia will allow users to listen to, reproduce, download and otherwise deal in the copyrights attached to and embodied in the Material. TEAR Australia aims to ensure that use of the Material not authorised by TEAR Australia will not occur, however you acknowledge that TEAR Australia is not equipped with mechanisms to prevent unauthorised use of the Material, and you accept that, to the extent allowable under the law, TEAR Australia has no liability to you for how the end user elects to use the Material, and as such it may be permanently stored, reproduced, copied, distributed or the like, without recourse or remedy against TEAR Australia.
13. You may remove part or all of your Material from the website at any time. At this point TEAR Australia will surrender any rights to the Material, except in the case of promotional or communications material already created in which the work(s) appears.
14. The Art of Resistance Artist Agreement and the Art of Resistance User Terms and Conditions both apply to Art of Resistance. To the extent that there is any inconsistency, this Artist Agreement will prevail.
Art of Resistance Submissions General Terms and Conditions
1. Submission to Art of Resistance is free.
2. To submit works to Art of Resistance you must comply with the Art of Resistance Artist Agreement above, and any additional Terms and Conditions that apply.
3. Selections to appear at Art of Resistance events will be determined by TEAR Australia staff. The decisions of TEAR Australia staff are final.
5. If there is an event which prevents or hinders TEAR Australia’s conduct of an Art of Resistance Event or TEAR Australia’s ability to deliver prizes to winners, then TEAR Australia may in its discretion cancel any Art of Resistance Event. Further, TEAR Australia may at its sole discretion recommence it under the same conditions.
6. TEAR Australia may at its discretion refuse to award any prize to any entrant who fails to comply with these Terms & Conditions.
7. TEAR employees and their immediate families are not eligible to win any Art of Resistance competitions.