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Goanna artist prepares for copyright fight

November 9, 2022 BY

Judi Keneally with her artwork for Spirit of Place. INSET: The Spirit of Place artwork on stamps issued by Australia Post in 2006. Photos: SUPPLIED

SURF Coast artist Judi Keneally is reluctantly escalating a legal battle with the frontman of Australian rock group Goanna over his use of her artwork in the band’s promotion.

The Lorne-based designer created Goanna’s famous Spirit of Place album cover 40 years ago, but said the group has been using her imagery without consent during the band’s 40th anniversary tour, which has included gigs at this year’s AFL Grand Final and alongside Midnight Oil.

“Shane Howard, lead singer-songwriter of Goanna, is now claiming ownership of my artwork,” Ms Keneally said.

“I am the creator of these works, and at no time have I ever assigned or licensed any person or company the right to exploit them commercially.

“Since March this year, it has been copied and sold on merchandise of T-shirts, mugs and tea towels on Goanna’s current 40th-anniversary tour of Spirit of Place without my permission or any licensing agreement.”

Ms Keneally worked with the band for six years between 1979 and 1985 when she created the artwork, and said she had no issue with the band using her imagery until the recent anniversary tour, when she was contacted by Mr Howard.

“He offered Judi 10 per cent,” Ms Keneally’s husband Ian Lovell said of the royalty offer from tour and merchandise sales.

The Spirit of Place artwork on stamps issued by Australia Post in 2006.

“She wrote back, saying ‘You can’t do that, I own copyright’… Judi offered him 60 per cent and he refused.”

Mr Lovell, who managed Goanna until 1984, said the band was now using Ms Keneally’s artwork illegally.

“It’s a mess, a complicated mess… but in copyright terms it’s simple: if an artist does not sign an agreement and there was no money paid, then ownership stays with Judi.”

Ms Keneally’s case is bolstered by the fact Australia Post credited her with the artwork when it used the album cover in 2006 on a postage stamp, and the Victorian Arts Centre did so again in 2018 when it sought her permission to use the Spirit of Place artwork.

The pair are preparing to take Mr Howard to court for copyright infringement and have raised more than $12,000 of a $20,000 goal via crowdfunding.

A spokesperson for Mr Howard said he would not provide comment on the matter as “Goanna are currently tied up with the touring”.

Ms Keneally said the central issue for her is one of artist’s copyright.

“Shane thinks it’s over money, it’s not – it’s over principle.”

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