A fair deal for artists

Are you an actor, singer, musician, dancer, model, acrobat or other type of performer? Do you have a manager or do you use an agent to set up work for you?

If so, the OIR would like to hear from you!

"Tell us about your experiences, good and bad. Explain your frustrations and complaints about dealing with agents and managers. 

• Is your agent or manager giving you the support you need?

• Are you getting paid the right amount and on time?

• Are you getting the opportunities you deserve?

• Are practices in the industry making life difficult for you? 

The NSW Government regulates entertainment industry agents, managers and venue consultants (booking agents) through the Entertainment Industry Act 1989. These people must comply with a range of rules about how much they can charge, how they handle money on your behalf and what information they must disclose to you.

The Government is reviewing the regulation to make sure it is protecting performers.

Help us to protect your livelihood by making sure agents and managers are working in your best interests. 

Opportunity to comment closes on 3 August 2009.

Go to the review@oir.commerce.nsw.gov.au now to tell us what you think - please place the words 'Entertainment industry ' in the subject line.

A copy of the Options Paper will be available on the OIR website shortly."

http://www.industrialrelations.nsw.gov.au/About_OIR/Review_of_Entertainment_Industry_Act.html

POPKOMM held in Berlin during September has been cancelled.

Despite this year’s satisfactory number of bookings by exhibitors, the global financial crisis has had a considerable effect on the decline in trade visitor bookings.

IMMEDIA! Director, Phil Tripp told TMN: "Every major trade fair, conference or showcase event has a life and the current economic condition in Europe accelerated a decline for POPKOMM... that made it unsustainable. MIDEM has also suffered a decline over the past two years as did New Music Seminar several year’s back before it ceased. The same may apply to Australian events if the organisers aren't offering value and economy."

Organisers are hoping the conference will go ahead during the 2010 summer with a general change in concept and the addition of financial aid from the German government. 

The Better Regulation Office has finalised its Report on the Review of Licensing of Selected Occupations in NSW and the Government has released its response.

The Government has agreed to remove entertainment industry licences, but only after a broad review of the Entertainment Industry Act 1989 and the implementation of reforms which ensure the remainder of the Act can operate effectively. Important protections in the Act will remain, such as requirements regarding the payment of performers and the management of performers' funds.

The review will consider changes to the Act to provide effective sanctions for breach of consumer protection provisions, a clear mechanism for dealing with complaints, and the development of performance standards for assessing claims of misconduct. The Government looks forward to consulting closely on all aspects of the review with a view to improving consumer protections and achieving greater industry involvement in the regulatory regime.

It is expected that the review will formally commence in the next few months.

Read the official media release here

Live Entertainment Coming To A Bar Near You!

Many famous singers and songwriters started out playing in their local pub, and the Government today issued instructions to councils to make it easier to stage live performances such as these.

Red tape which stalls small-scale live entertainment in pubs, bars, cafes and restaurants has been cut, according to directions sent today from the NSW Government to all councils.

This will cut back the time it takes for small venues to host live performances, and potentially save them hundreds of thousands of dollars in building changes that they would otherwise have to make.

Planning Minister, Kristina Keneally, said development applications are in many cases not required for entertainment in these venues.

“Councils have today been issued with a circular from the Director General of the Department of Planning, asking them to remove outdated information about live entertainment rules from their websites and public information systems,” Ms Keneally said.

“Back in October 2007, the Government removed requirements for new venues to apply for a Place Of Public Entertainment (POPE) licence from councils, and councils need to local businesses know the new rules.

“A local restaurant does not need night-club style safety equipment such as smoke extractors, fire hoses or extra wide doors to allow two blokes with a guitar and saxophone to play in the corner.

“But there are up to 27 councils who are continuing to advise restaurant, bar and pub operators that POPE licences are required and the application forms for the licences are still on their websites.

“That’s not the case for many forms of live music and that’s why we are asking councils to remove those references from their public information systems.

“This will solve most issues being experienced by bars, pubs and restaurants with the POPE laws. Businesses should not be filling out paperwork they are not longer required to.”

Ms Keneally said that while the principal purpose of pubs, bars, cafes and restaurants was to sell food and drinks, it was common practice for these venues to provide live music.

“Small bars, restaurants, cafes and pubs are often locally owned, and we want these businesses to flourish, not get buried in unreasonable and unnecessary red tape,” Ms Keneally said.

“Recorded or live music, which do not change the primary purpose of eating or drinking venues, does not and should not require further development consent.”

Ms Keneally said that if the entertainment had a ‘character of its own’ or if a distinctly separate room of a venue was used for live music performances, that part of the venue would be described as used ‘for the purpose of entertainment’ and would need to be approved for that use under the EP&A Act.

The simplified rules will not apply to nightclubs and major venues which have the capacity to affect local communities.

In a circular on places of public entertainment sent to councils today, the Director General of the Department of Planning, Sam Haddad, also reminded councils of their duties concerning numbers of patrons in the premises, fire safety and provisions of the Liquor Act regarding drunken behaviour.

Mr Haddad also indicated that Government agencies, councils, and industry representatives were participating in the implementation of recent planning reforms, including changes to provisions for entertainment in pubs, bars, cafes and restaurants.

A new State Environment Planning Policy, new regulations and new guidelines are being prepared by the NSW Government and will be in place by late next year.

In short, the Better Regulation Office is undertaking a review to cut unnecessary regulation, and is seeking reasons why Entertainment licensing may be needed in NSW, when it is not considered necessary in other jurisdictions, and alternate ways to achieve the objectives of these licensing regimes.

“The purpose of Occupational Licences is to provide a level of protection by assuring that work is performed by suitably qualified service providers.

In occupations where there is potential for criminal activity, licensing may be introduced to strengthen law enforcement activities.

Compared to reliance on the generic law, occupational licensing can be targeted at identified problems in specific industries, and the requirements and response activities can be activated and modified relatively quickly.”

 Note:- Primal Entertainment has been 'advised' to remove the remainder of this article, which was the opinion of its writer only, and not an official media release. We apologise for any inconvenience this may cause.

Now the official bit:

For the full paper, click HERE or go to

http://www.betterregulation.nsw.gov.au/__data/assets/pdf_file/0003/31998/Issues_Paper_-_Licensing_of_Selected_Occupations_-_29.10.08.pdf

Do You Know How to Keep the Taxman Away From Your Christmas Party?

Christmas parties generally constitute "entertainment benefits" and would usually attract Fringe Benefits Tax (FBT). You may be able to avoid FBT if you plan your party in a tax effective manner. Speak to your accountant about the benefits of holding your party on a working day, and the 'per employee' limits that apply.

Do You Know What Deductions Are Available To You As A Performer?

Are you an individual taxpayer lodging an income tax return? The Australian Taxation Office has released 16 guides outlining the common deductions available to people in specific occupations. For further information on what you can claim, head to the ATO's website http://www.ato.gov.au

Want free airplay for your music?

The good people at Live365 All Australian radio station are seeking submissions from original artists to include throughout their various programs.

The station is dedicated to promoting original Australian music of all genres, with the station proving to be a great resource for all artists, not just here in Australia, but worldwide. Head to www.allaustralianmusic.com to tune in for online broadcasts and find out how to submit your music for consideration.

If you would like your news item included here please email Dierdre Le Blang (aka Dee) at

 Primal Entertainment

"Music can touch people at a primal level - evoking different emotions and triggering memories of particular places and times. 

it can make you want to cry"

Copyright 2007 Primal Entertainment. All rights reserved.