Indigenous copyright

Many of the Copyright Agency’s visual artists members are Aboriginal and Torres Strait Islander artists.

Reflecting this important membership group, the Copyright Agency is a signatory to protocols on the use of Indigenous works, and a registered supporter member of the Indigenous Art Code.

We support the development of projects which benefit progressive and creative Aboriginal and Torres Strait Islander cultures and provide access to opportunities that promote the creators, their works and achievements. In recognition of this, we’ve developed a Reconciliation Action Plan, which outlines the specific commitments we are making as an organisation.

protocols

Traditional symbols, songs, dances, performances and rituals may be a part of the heritage of particular Indigenous language groups and the artists that produce these are custodians of that culture.

Protocols produced by the Australia Council for the Arts take you through the legal, ethical and moral considerations for the use of First Nations cultural and intellectual property. The guidelines are based on ten principles that include self-determination; communication, consultation and consent; attribution; and recognition and protection.

These guidelines are relevant to anyone working in or with the Indigenous arts sector, including:

• Indigenous and non-Indigenous artists
• international organisations and artists
• people working within related fields of Indigenous art form practice
• commonwealth and state/territory government agencies
• local governments/councils
• industry agencies and peak organisations
• galleries, museums and arts centres
• educational and training institutions
• Indigenous and targeted mainstream media

Internationally, the Intergovernmental Committee (ICG) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore at the World Intellectual Property Organisation (WIPO) is finalising an agreement on international instruments for protecting Indigenous cultural material and heritage. This Committee was set up in 2000 and holds meetings with WIPO member states and Indigenous representatives to find solutions for the protection of valuable Indigenous cultural material and heritage like art, songs, stories, dance, crafts, language and so on. For more information on this work, visit WIPO’s ICG page.

Resources, advice and help

We’ve developed this booklet to provide artists, art centres and communities with important information about copyright, licensing and ownership of artists’ works.

other helpful links