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Visual Arts Visual Arts Australia Council for the Arts 372 Elizabeth Street, Surry Hills NSW 2010 PO Box 788, Strawberry Hills NSW 2012 ABN 38 392 626 187 2ND EDITION Protocols for producing Indigenous Australian visual arts Visual arts Australia Council for the Arts 372 Elizabeth Street, Surry Hills NSW 2010 PO Box 788, Strawberry Hills NSW 2012 ABN 38 392 626 187 Telephone +61 2 9215 9000 Toll-free 1800 226 912 Facsimile +61 2 9215 9111 Email [email protected] www.australiacouncil.gov.au Visual arts 01 Contents Australia Council for the Arts Introduction 2 What happens when artists sell 372 Elizabeth Street, Surry Hills NSW 2010 their paintings? 23 Using this guide 3 PO Box 788, Strawberry Hills NSW 2012 Collaborative works 23 What are protocols? 3 ABN 38 392 626 187 Communal ownership vs. joint ownership 24 What are the Indigenous visual arts? 4 Telephone +61 2 9215 9000 Commissioned photographs 24 Special nature of Indigenous visual arts 5 Toll-free 1800 226 912 Facsimile +61 2 9215 9111 What are moral rights? 24 Indigenous heritage 6 Email [email protected] Licensing use of artworks 25 Current protection of heritage 6 www.australiacouncil.gov.au Managing copyright to protect This publication is available online your interests 25 at www.australiacouncil.gov.au Principles and protocols When is copyright infringed? 26 © Australia Council 2007 Respect 9 The Myer report 27 First published 2002, edited and revised 2006. This work Acknowledgment of country 9 Publishing and reproduction of is copyright. Apart from any use as permitted under the Public art – acknowledging land 10 Indigenous art 27 Copyright Act 1968, no part may be reproduced by any Accepting diversity 10 process without prior written permission from the Australia Indigenous communal moral rights 28 Council for the Arts. Requests and inquiries concerning Indigenous control 10 Further copyright information 29 reproduction and rights should be addressed to the Communication, consultation & consent 12 Continuing cultures 33 Director Marketing and Communication, Australia Council Traditional & communally Recognition and protection 33 for the Arts, PO Box 788, Strawberry Hills NSW 2012 owned images 12 Australia or to [email protected]. Interpreters and translators 13 Implementation ISSN 978-1-920784-41-6 Sensitivity of content 13 Design Bright Red Oranges 1. Respect 35 Geographic diversity 13 Print e2e managment pty ltd 2. Indigenous control 35 Gender 13 Cover John Mawurndjul at the Musee 3. Communication, consultation du Quai Branly. 2006. Photography of Indigenous people 13 & consent 35 Photo: Alastair Miller Collaborating with Indigenous artists 13 4. Interpretation, integrity and authenticity 36 Indigenous design element: Interpretation, integrity and authenticity 13 joorroo, Darrell Sibosado 2002 Marketing with integrity 36 Interpretation 14 Exhibition of art 36 Integrity 14 5. Secrecy and confidentiality 37 Authenticity 14 6. Attribution and copyright 37 Using Indigenous cultural material 15 7. Proper returns and royalties 38 Marketing with integrity 16 8. Continuing cultures 38 Exhibiting Indigenous art 19 9. Recognition and protection 38 Secrecy and confidentiality 20 The Australia Council respects Indigenous References 39 Representation of deceased people 21 communities and culture. Readers should be Bibliography 45 aware that this protocol guide may contain Secret and sacred material 21 Contacts 47 references to members of the Indigenous Personal privacy 21 Acknowledgments 48 community who have passed away. Attribution and copyright 21 Copyright 21 IMportant Notice What is copyright? 22 The information included in this guide Who owns copyright? 22 is current as at September 2007. This What rights do copyright owners have? 22 document was first published under the Do artists need to register their art title ‘Visual Arts’ in 2002. This guide provides general advice only. It is not for copyright protection? 22 intended to be legal advice. If you have How long does copyright last? 22 a particular legal issue, we recommend Does copyright protect ceremonial that you seek independent legal advice styles of art and creation figures? 23 from a suitably qualified legal practitioner. Visual arts 02 Visual arts 03 Introduction Introduction Introduction They are relevant to anyone working in or As primary guardians and interpreters of The Indigenous heritage section gives with the Indigenous arts sector, including: their cultures, Indigenous people have an overview of the issues that inform the Australia’s unique Indigenous artistic and cultural • Indigenous and non-Indigenous artists well-established protocols for interacting with development of Indigenous protocols. expression is rooted in thousands of years of It explores the complexity of Indigenous • people working within related fields of their cultural material. New situations also heritage and continuing practice. Australia and charts international initiatives Indigenous artform practice require cultural protocols. When the Musée du Quai Branly opened in Paris for the protection of Indigenous cultural • federal and state/territory government agencies Although each guide in the suite addresses and intellectual property rights. in 2006, visitors were spellbound by the immense cultural protocols specific to an artform, the • industry agencies and peak organisations power of the vast collection of Australian same underlying principles are common to each. The principles and protocols section examines Indigenous art works, including special landmark • galleries, museums and arts centres the nine principles that support the protection We hope Indigenous people, and those working commissions on the ceilings and façade by eight • educational and training institutions of Indigenous cultural heritage. It includes with them, will be inspired and encouraged to use valuable information on protocols specific to of Australia’s best known Indigenous • Indigenous and targeted mainstream media. contemporary artists. More recently Emily these principles as a framework for developing the use of cultural heritage material in visual Kngwarreye’s Earth’s Creation sold at auction for The protocol guides endorse Indigenous protocols appropriate to their specific projects, arts practice. A number of case studies and more than $1 million, the highest price ever for cultural and intellectual property rights – regions, language groups and communities. commentaries from Indigenous visual arts practitioners identify pitfalls and offer readers a painting by a female artist in Australia. the rights of Indigenous people to own and We also hope the guides will spark debate and control their cultural heritage. These rights are valuable advice. While works by individual artists such as these that additional protocols will be developed confirmed in the 2006United Nations Declaration across artforms. The guide also contains general information and are protected by copyright, there are often no 1 of the Rights of Indigenous Peoples, which says advice on the main laws in Australia governing legal rights around the broader reproduction and Indigenous people have the right to practice Send any comments about this guide or any the use and reproduction of arts and cultural use of Indigenous cultural heritage material. and revitalise their cultural traditions and suggestions for improvement to the Australia expression. For this second edition, we have Australia does not yet have a law that prevents customs. ‘This includes the right to maintain, Council for the Arts: integrated copyright, licensing and royalty alteration, distortion or misuse of traditional protect and develop the past, present and Executive Director information into the principles and protocols symbols, songs, dances, performances or future manifestations of their cultures, such as Aboriginal and Torres Strait Islander arts section. So one section deals with attribution rituals that may be part of the heritage of archaeological and historical sites, artefacts, Australia Council for the Arts and copyright and another with proper particular Indigenous language groups. designs, ceremonies, technologies and visual PO Box 788 Strawberry Hills NSW 2012 returns and royalties. That is where the Australia Council for the Arts’ and performing arts and literature.’ [email protected] The implementation summarises some of the protocol guides come in. The five guides in the In Our culture: our future,2 Terri Janke key points and provides a checklist for applying Using this guide suite spell out clearly the legal as well as the recommended significant changes to laws, protocols for a visual project. This guide is designed to be an initial point of ethical and moral considerations for the use policy and procedures to protect Indigenous There is also a list of contacts and references reference in planning a work with Indigenous of Indigenous cultural material. They can help cultural knowledge and expression. The to use as starting points for accessing relevant visual arts3 practitioners, or using Indigenous people do the right thing. These guides recognise Australian Government has yet to make people and information. cultural material. When you need specific advice that in Indigenous Australian communities the a determination on this matter. artist is a custodian of culture, with obligations on the cultural issues of a particular group, we What are protocols? In Australia, Indigenous heritage comprises all as well as privileges. recommend you speak to people in authority, Protocols are appropriate ways of using objects, sites and knowledge transmitted from or engage an Indigenous cultural consultant The five
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