AUSTRALIAN CHRISTIAN ARTS (AChA)
TALENT RELEASE, PERFORMANCE CONSENT AND CREATIVE WORKS POLICY
PART A — FOUNDATION
1. PURPOSE AND APPLICATION
1.1 This Policy establishes the terms governing performance consent, talent release, recording rights, and intellectual property for all Participants in AChA Activities.
1.2 The purpose of this Policy is to:
  1. provide clarity regarding the rights granted by Participants to AChA in connection with performances, recordings, and creative works;
  1. protect the intellectual property of both AChA and its Participants;
  1. ensure compliance with the Copyright Act 1968 (Cth) and all applicable intellectual property legislation; and
  1. support the charitable and ministry purposes of AChA.
1.3 This Policy applies to all Participants in any AChA Activity, whether as Members, volunteers, or guest contributors.
1.4 For Participants under the age of 18 years, parent or guardian consent is required. Such consent must be obtained in writing prior to participation.
PART A — FOUNDATION
2. GOVERNING AUTHORITY
2.1 This Policy is made under and subject to the AChA Constitution.
2.2 In the event of any inconsistency between this Policy and the Constitution, the Constitution prevails to the extent of the inconsistency.
2.3 Agreement to this Policy is a condition of membership and participation in AChA Activities. A Participant who does not accept this Policy may not participate in AChA Activities.
2.4 This Policy should be read in conjunction with:
  1. the AChA Constitution;
  1. the Master Member Code of Conduct;
  1. the Child Safe Policy; and
  1. any other Board-approved policy.
PART A — FOUNDATION
3. DEFINITIONS
In this Policy, unless the context otherwise requires:
"AChA Activity" means any activity conducted by, for, or on behalf of AChA, including rehearsals, performances, recording sessions, events, workshops, broadcasts, tours, promotional activities, online communications, and any public representation of AChA.
"AChA Work" means any Composition, arrangement, orchestration, choreography, script, sermon, curriculum, production design, lighting design, technical system, branding asset, or other creative work that is commissioned by AChA, requested by Authorised Leadership, developed specifically for an AChA program or production, or created using substantial AChA funding or organisational resources.
"Authorised Leadership" means the Board, any officer, director, or person duly authorised by the Board to exercise leadership, supervisory, or administrative functions within AChA.
"Board" means the Board of Directors of AChA as constituted under the Constitution.
"Composition" means any musical work, including melody, harmony, lyrics, and any combination thereof.
PART A — FOUNDATION
3. DEFINITIONS (CONTINUED)
"Constitution" means the Constitution of Australian Christian Arts Incorporated, as amended from time to time.
"Member" means any person who holds current membership of AChA in accordance with the Constitution and has paid the prescribed membership fee.
"Moral Rights" means the rights of attribution, integrity, and against false attribution conferred by Part IX of the Copyright Act 1968 (Cth).
"Participant" means any individual participating in an AChA Activity, including but not limited to singers, instrumentalists, conductors, composers, arrangers, orchestrators, production team members, sound, lighting and technical operators, dancers, actors, speakers, presenters, creative directors, and volunteers appearing in recordings or promotional material.
"Participant Work" means a creative work independently created by a Participant during their membership or period of participation with AChA, where that work is not an AChA Work.
"Pre-Existing Work" means any creative work that existed prior to a Participant's involvement with AChA or that was created independently of any AChA Activity.
"Recording" means any audio recording, video recording, photograph, live stream, broadcast, or other fixation of a performance or AChA Activity in any medium, whether now known or later developed.
PART B — PERFORMANCE CONSENT AND RECORDING RIGHTS
4. PERFORMANCE AND PARTICIPATION CONSENT
4.1 By participating in any AChA Activity, each Participant grants AChA consent to:
  1. (a) record audio of performances, rehearsals, and other AChA Activities;
  1. (b) record video of performances, rehearsals, and other AChA Activities;
  1. (c) photograph events and activities;
  1. (d) live stream performances;
  1. (e) broadcast or rebroadcast performances;
  1. (f) capture spoken contributions, musical performances, creative direction, choreography, dramatic performance, technical execution, and any other contribution to an AChA Activity; and
  1. (g) edit, crop, mix, combine, adapt, remix, or otherwise modify any Recorded material.
4.2 This consent applies whether the Participant's contribution is vocal, instrumental, spoken, dramatic, technical, directorial, conducting, or production-based.
4.3 Consent under this clause extends to all media and formats, whether now known or later developed.
PART B — PERFORMANCE CONSENT AND RECORDING RIGHTS
5. GRANT OF LICENCE
5.1 Each Participant grants AChA a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use Recordings of the Participant's contribution for the following purposes:
  1. (a) promotional and marketing activities;
  1. (b) ministry, outreach, and charitable purposes;
  1. (c) fundraising activities;
  1. (d) publication on websites, social media platforms, and digital channels;
  1. (e) distribution via streaming platforms, digital download, or physical media;
  1. (f) broadcast and rebroadcast by any means;
  1. (g) archival and historical preservation; and
  1. (h) use of excerpts in advertising, publicity, or grant applications.
5.2 The licence granted under clause 5.1 is irrevocable in relation to works already created and published at the time of any withdrawal request under clause 14.
5.3 AChA may sublicence the rights granted under this clause to third parties acting on behalf of AChA in connection with AChA's charitable objects, provided that such sublicence does not exceed the scope of the original grant.
PART B — PERFORMANCE CONSENT AND RECORDING RIGHTS
6. EDITORIAL AND CREATIVE CONTROL
6.1 AChA retains full editorial discretion over all Recordings, including:
  1. (a) audio mixing, mastering, and post-production;
  1. (b) video editing and colour grading;
  1. (c) visual presentation and titling;
  1. (d) selection of takes and performances;
  1. (e) cropping, excerpting, and sequencing; and
  1. (f) promotional framing and contextualisation.
6.2 AChA will exercise its editorial discretion in good faith and will not use material in a manner that is defamatory, misleading, or intentionally harmful to any Participant.
PART C — INTELLECTUAL PROPERTY
7. OWNERSHIP — AChA WORKS
7.1 All AChA Works are the intellectual property of AChA.
7.2 Without limiting clause 7.1, a creative work is an AChA Work if it is:
  1. (a) commissioned or requested by AChA or Authorised Leadership;
  1. (b) developed specifically for an AChA program, production, or event;
  1. (c) created using substantial AChA funding, equipment, or organisational resources; or
  1. (d) created as part of a Participant's defined role or responsibilities within AChA.
7.3 Where there is any doubt as to whether a work is an AChA Work, the determination of the Board is final.
7.4 Participants agree to execute any formal assignment documentation reasonably required by AChA to give effect to this clause, including statutory assignments under the Copyright Act 1968 (Cth).
PART C — INTELLECTUAL PROPERTY
8. LICENCE — PARTICIPANT WORKS
8.1 A Participant retains ownership of any Participant Work.
8.2 Where a Participant Work is performed, recorded, produced, promoted, or adapted for use in connection with an AChA Activity, the Participant grants AChA a perpetual, worldwide, royalty-free, non-exclusive licence to:
  1. (a) perform the work;
  1. (b) record the work;
  1. (c) reproduce the work;
  1. (d) archive the work; and
  1. (e) promote the work in connection with AChA Activities.
8.3 The licence under clause 8.2 applies to Participant Works created during the Participant's period of membership or participation, whether before or after the date of this Policy.
8.4 This clause does not apply to Pre-Existing Works, which are governed by clause 10.
PART C — INTELLECTUAL PROPERTY
9. COLLABORATIVE WORKS
9.1 Where a creative work is created collaboratively by two or more Participants:
  1. (a) ownership shall be determined by written agreement between the collaborators prior to or at the time of creation; or
  1. (b) in the absence of such agreement, ownership shall vest proportionally according to each collaborator's contribution, as determined by the Board.
9.2 AChA retains the licence rights described in clause 8.2 in respect of all collaborative works used in connection with AChA Activities, regardless of the ownership arrangement between collaborators.
PART C — INTELLECTUAL PROPERTY
10. PRE-EXISTING WORKS AND THIRD-PARTY CONTENT
10.1 A Participant who contributes a Pre-Existing Work for use in an AChA Activity warrants that they hold all necessary rights to grant AChA permission to use the work for the purposes of the relevant AChA Activity.
10.2 Where an AChA Activity involves the performance, recording, or reproduction of third-party copyrighted material, AChA is responsible for obtaining any necessary licences, including from the Australasian Performing Right Association (APRA) and the Australasian Mechanical Copyright Owners Society (AMCOS), unless otherwise agreed in writing.
10.3 Participants must not introduce third-party copyrighted material into an AChA Activity without the prior written approval of Authorised Leadership.
10.4 Any Participant who knowingly introduces infringing material into an AChA Activity may be held personally liable for any resulting infringement and may be subject to disciplinary action under the Constitution.
PART C — INTELLECTUAL PROPERTY
11. COMMERCIAL EXPLOITATION
11.1 If AChA proposes to commercially exploit a Participant Work beyond normal ministry, promotional, and archival use, AChA will:
  1. (a) negotiate with the relevant Participant in good faith;
  1. (b) establish written licensing or revenue-sharing terms prior to commercial exploitation; and
  1. (c) agree on appropriate revenue participation where applicable.
11.2 For the purposes of this clause, "commercial exploitation" means any use that generates direct commercial revenue beyond incidental income associated with normal ministry activities, and includes but is not limited to commercial album sales, paid streaming distribution, and licensing to external commercial entities.
11.3 This clause does not apply to AChA Works, which are owned by AChA outright under clause 7.
PART C — INTELLECTUAL PROPERTY
12. MORAL RIGHTS
12.1 AChA recognises the Moral Rights of creators under Part IX of the Copyright Act 1968 (Cth).
12.2 Where reasonably practicable, AChA will:
  1. (a) credit composers, arrangers, and other significant creative contributors in connection with the public use of their works;
  1. (b) refrain from derogatory treatment of creative works.
12.3 Each Participant consents, to the maximum extent permitted by law, to:
  1. (a) reasonable editing, adaptation, mixing, and modification of their contributions as necessary for performance, production, or promotional purposes;
  1. (b) the use of their contributions without attribution in circumstances where attribution is not reasonably practicable, including excerpts, compilations, and promotional materials.
12.4 The consent given under clause 12.3 is given genuinely and voluntarily and extends to acts and omissions of AChA and any person authorised by AChA.
PART D — COMPENSATION AND PARTICIPATION TERMS
13. COMPENSATION
13.1 Unless otherwise agreed in writing:
  1. (a) participation in AChA Activities as a Member does not entitle the Participant to additional payment, royalty, or fee for Recordings, broadcasts, or promotional use;
  1. (b) membership does not create automatic royalty, profit-sharing, or revenue-participation rights; and
  1. (c) no Participant shall derive any personal financial benefit from their involvement with AChA other than as expressly authorised by the Board.
13.2 Separate commercial recording, performance, or engagement agreements may be issued by the Board at its discretion for specific projects or engagements.
PART D — COMPENSATION AND PARTICIPATION TERMS
14. WITHDRAWAL AND TAKEDOWN
14.1 A Participant may request in writing that AChA cease future standalone promotional use of identifiable solo material featuring that Participant.
14.2 Subject to clause 14.3, AChA will use reasonable endeavours to comply with a withdrawal request within a reasonable time.
14.3 A withdrawal request under this clause does not affect:
  1. (a) material already published, distributed, or broadcast prior to the request;
  1. (b) archival Recordings, which remain part of the permanent record of AChA;
  1. (c) group Recordings or ensemble footage in which the Participant is not the sole or primary subject;
  1. (d) any contractual obligation of AChA to a third party entered into prior to the withdrawal request; or
  1. (e) AChA Works, which remain the property of AChA.
PART E — PROTECTIONS AND SAFEGUARDS
15. CHILD AND YOUTH PROTECTIONS
15.1 For Participants under the age of 18 years:
  1. (a) parent or guardian consent must be obtained in writing prior to participation in any AChA Activity that involves Recording;
  1. (b) close-up or individually identifiable images of a minor will not be used in advertising or external promotional material without explicit written consent from a parent or guardian;
  1. (c) group images and ensemble Recordings may be used as a normal incident of participation in performing arts activities; and
  1. (d) all Recording involving minors must comply with the AChA Child Safe Policy and all applicable child protection legislation, including the Children's Guardian Act 2019 (NSW).
15.2 A parent or guardian may withdraw consent for future solo promotional use of a minor's image or likeness by notice in writing to Authorised Leadership. Clause 14.3 applies to any such withdrawal.
PART E — PROTECTIONS AND SAFEGUARDS
16. CONFIDENTIALITY OF UNRELEASED MATERIAL
16.1 Participants must not record, copy, distribute, or share any unreleased AChA material, including rehearsal recordings, draft arrangements, production materials, or pre-release audio or video, without the prior written consent of Authorised Leadership.
16.2 This obligation applies to material in any format, including personal mobile phone recordings of rehearsals or performances.
16.3 Breach of this clause may constitute grounds for disciplinary action under the Constitution.
PART F — WARRANTIES AND GENERAL PROVISIONS
17. WARRANTIES AND REPRESENTATIONS
17.1 By participating in an AChA Activity, each Participant warrants and represents that:
  1. (a) they have the legal capacity and right to participate and to grant the rights contemplated by this Policy;
  1. (b) their contribution does not, to the best of their knowledge, infringe the intellectual property rights, Moral Rights, or other rights of any third party;
  1. (c) they are not subject to any agreement or obligation that would prevent or restrict them from granting the rights contemplated by this Policy; and
  1. (d) they will not assert any claim inconsistent with the consents, licences, and releases granted under this Policy.
17.2 Where a Participant is under the age of 18, the parent or guardian providing consent warrants that they have the legal authority to do so on behalf of the minor.
PART F — WARRANTIES AND GENERAL PROVISIONS
18. INDEMNIFICATION
18.1 Each Participant indemnifies and holds harmless AChA, its Board members, officers, employees, volunteers, and agents against any claim, loss, damage, cost, or expense (including reasonable legal costs) arising from or in connection with:
  1. (a) any breach of the warranties given under clause 17;
  1. (b) any infringement of third-party rights caused by material contributed by the Participant; or
  1. (c) any act or omission of the Participant that is inconsistent with this Policy.
PART F — WARRANTIES AND GENERAL PROVISIONS
19. LIMITATION OF LIABILITY
19.1 To the maximum extent permitted by law, AChA's liability to any Participant under or in connection with this Policy is limited to the amount of the Participant's membership fee for the relevant year.
19.2 AChA is not liable for any indirect, consequential, or incidental loss arising in connection with this Policy.
19.3 Nothing in this clause excludes or limits liability that cannot lawfully be excluded or limited under Australian consumer law or other applicable legislation.
PART F — WARRANTIES AND GENERAL PROVISIONS
20. SURVIVAL
20.1 Termination or expiry of membership does not revoke or affect:
  1. (a) rights granted by the Participant in respect of Recordings made during their period of membership or participation;
  1. (b) AChA's ownership of AChA Works created during the Participant's involvement;
  1. (c) archival rights held by AChA;
  1. (d) promotional rights relating to previously created material; or
  1. (e) the Participant's obligations under clauses 16, 17, and 18.
20.2 This clause survives termination of this Policy.
PART F — WARRANTIES AND GENERAL PROVISIONS
21. SPECIAL AGREEMENTS
21.1 The Board may enter into separate written agreements with individual Participants, guest artists, or third parties that modify, supplement, or exclude the application of any provision of this Policy to that person.
21.2 A special agreement under this clause must be in writing and signed by both the Participant and an authorised representative of the Board.
21.3 In the event of inconsistency between a special agreement and this Policy, the special agreement prevails to the extent of the inconsistency.
PART F — WARRANTIES AND GENERAL PROVISIONS
22. DISPUTE RESOLUTION
  1. Any dispute arising under or in connection with this Policy must first be raised with Authorised Leadership in writing.
  1. AChA will endeavour to resolve disputes informally and in good faith in the first instance.
  1. Where a dispute cannot be resolved informally, the matter will be dealt with in accordance with the grievance and dispute resolution procedures set out in the Constitution.
  1. Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.
PART F — WARRANTIES AND GENERAL PROVISIONS
23. GENERAL PROVISIONS
  1. 23.1 Governing Law. This Policy is governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
  1. 23.2 Severability. If any provision of this Policy is found to be invalid, illegal, or unenforceable, that provision shall be read down to the extent necessary to make it valid, or if it cannot be read down, it shall be severed without affecting the validity of the remaining provisions.
  1. 23.3 Waiver. A failure by AChA to enforce any provision of this Policy does not constitute a waiver of that provision or of any other provision.
  1. 23.4 Entire Agreement. This Policy, together with the Constitution, the Master Member Code of Conduct, and any special agreement under clause 21, constitutes the entire agreement between AChA and each Participant with respect to the subject matter of this Policy.
  1. 23.5 No Employment or Agency. Nothing in this Policy creates a relationship of employment, partnership, joint venture, or agency between AChA and any Participant.
PART F — WARRANTIES AND GENERAL PROVISIONS
24. REVIEW AND AMENDMENT
  1. 24.1 This Policy will be reviewed by the Board at least once every two years, or more frequently as the Board considers necessary.
  1. 24.2 The Board may amend this Policy at any time by resolution. Amendments take effect upon notification to Participants.
  1. 24.3 Participants will be notified of any material amendments within a reasonable time of their adoption.
PART F — WARRANTIES AND GENERAL PROVISIONS
24A. VARIATION OF POLICIES
  1. AChA reserves the right to amend, replace, or withdraw policies from time to time in accordance with the Constitution.
  1. Amended policies take effect upon publication unless otherwise stated.
  1. Members agree to be bound by the most current version of all policies as a condition of ongoing membership and participation.
  1. Failure to comply with updated policies may result in action under the Constitution.
PART F — WARRANTIES AND GENERAL PROVISIONS
24B. POLICY EVOLUTION CLAUSE
24B.1 Members acknowledge that AChA is a developing organisation and that policies may evolve to:
  1. (a) reflect legal requirements;
  1. (b) improve safeguarding standards; and
  1. (c) support organisational growth.
24B.2 By becoming or remaining a member, individuals agree to be bound by future policy updates adopted in good faith by the Board, provided such updates remain consistent with the Constitution.
PART F — WARRANTIES AND GENERAL PROVISIONS
25. ACKNOWLEDGMENT
  1. 25.1 By becoming or remaining a Participant in AChA Activities, each Participant acknowledges that they have read, understood, and agree to be bound by this Policy.
  1. 25.2 Authorised Leadership may from time to time require Participants to sign a written acknowledgment confirming their acceptance of this Policy.
  1. 25.3 Ignorance of this Policy does not constitute a defence to any allegation of breach.
PART F — WARRANTIES AND GENERAL PROVISIONS
26. COMMENCEMENT
  1. 26.1 This Policy commences on the date of its adoption by the Board and applies to all persons who are Participants on or after that date.
  1. 26.2 Reviewed and adopted: 13 February 2026.