Australia Council for the Arts
Part 1:
Concepts, principles and protocols
1.1 Introduction
Australia’s unique Indigenous artistic and cultural expression is rooted in thousands of years of heritage and continuing practice and its uniqueness has been recognised internationally.
When the Musée du Quai Branly opened in Paris in 2006, visitors were spellbound by the immense power of the vast collection of Australian Indigenous artworks, including special landmark commissions on the ceilings and façade by eight of Australia’s best known Indigenous contemporary artists. In May 2007, Emily Kngwarreye’s Earth’s Creation was sold at auction for more than $1 million, at the time the highest price ever for a painting by a female artist in Australia. In 2017, it was then sold for over $2 million at a Sydney auction, making it the second highest price paid for an Indigenous artwork in Australia.
While works by individual artists such as these are protected by copyright, there are often no legal rights around the broader reproduction and use of Indigenous cultural heritage material. Australia does not yet have a law that prevents alteration, distortion or misuse of traditional symbols, songs, dances, performances or rituals that may be part of the heritage of particular Indigenous language groups…
Contents
Part 1 Concepts, principles and protocols 1
1.1 Introduction
1.1.1 Background
1.1.2 What are protocols?
1.1.3 Who is this protocol guide for?
1.1.4 Using this protocol guide
1.2 Indigenous Cultural and Intellectual Property
1.2.1 What is Indigenous Cultural and Intellectual Property?
1.2.2 Rights to Indigenous Cultural and Intellectual Property
1.2.3 ICIP and the creative arts
1.2.4 International protections of ICIP
1.2.5 Current Australian protections of ICIP
i Copyright and moral rights
ii Performers’ rights
iii Resale royalties
iv Language laws
v Heritage laws
1.3 Principles for respecting Indigenous Cultural and Intellectual Property
1.3.1 Snapshot of principles
1.3.2 Using the principles
1.4 Protocols in practice
1.4.1 Principle 1 – Respect
i Welcome to Country
ii Acknowledgement of Country
iii Embracing diversity
iv Representation
v Living and evolving cultures
vi Cultural safety
1.4.2 Principle 2 – Self-determination
i Indigenous leadership in projects
Principle 3 – Communication, consultation and consent
i Identifying people in authority
ii Communication and consultation – methods and processes
iii Obtaining free, prior and informed consent
iv Common consultation and consent issues
1.4.4 Principle 4 – Interpretation
i Cultural contexts and perspectives
ii Adapting Indigenous content
1.4.5 Principle 5 – Cultural integrity and authenticity
i Use of terminologies
ii Integrity – right of creators and communities
iii Authenticity
1.4.6 Principle 6 – Secrecy and confidentiality
i Sacred and secret material
ii Representations of deceased people
iii Personal privacy
iv Use of life stories
1.4.7 Principle 7 – Attribution
i Attributing communities or language groups
ii Attributing multiple contributors or communities
iii Strategies for attribution
1.4.8 Principle 8 – Benefit sharing
i Wages and employment
ii Other payment and condition issues
iii Copyright ownership in resulting works
iv Royalties and residuals
v Other benefit-sharing issues
vi New uses of ICIP require new benefits
vii Copyright collecting and management organisations
1.4.9 Principle 9 – Continuing cultures
i New uses of ICIP need new consents
ii Archiving or depositing works
iii Future custodians of ICIP
1.4.10 Principle 10 – Recognition and protection
Part 2: Implementation of protocols
2.1 Case studies
2.1.1 Visual arts
i untitled (giran) by Jonathan Jones
ii Caught in the Net by Erub Arts
2.1.2 Music
i Mission Songs Project by Jessie Lloyd
2.1.3 Writing and literature
i The Yield by Tara June Winch
ii Indigenous-led storytelling and writing collaborations by Magabala Books
2.1.4 Dance
i Djurra by Northern Rivers Performing Arts (NORPA)
ii Burrbgaja Yalirra (Dancing Forwards) by Marrugeku
2.1.5 Theatre
i The Noongar Shakespeare Project by Yirra Yaakin
2.1.6 Multi-art forms
i Badu Gili at the Sydney Opera House
ii Broken Glass by Moogahlin Performing Arts and Blacktown Arts Centre
2.1.7 Emerging and experimental arts
i Collisions by Lynette Wallworth
2.1.8 Events-based projects
i kanalaritja: An Unbroken String by Tasmanian Museum & Art Gallery
ii Tarnanthi by Art Gallery of South Australia
iii Milnjiya, Milky Way – River of Stars
2.2 Project resources
2.2.1 Project checklist
2.2.2 Templates
i Sample cultural sensitivity warning
ii Sample traditional custodians notice
iii Sample next-of-kin clause
2.2.3 Additional resources
i Indigenous peoples’ rights
ii Protocols
