.. Aboriginal and Torres Strait Islander Arts Board, Australia Council PO Box 788 Strawberry Hills NSW 2012 Tel: (02) 9215 9065 Toll Free: 1800 226 912 Fax: (02) 9215 9061 Email: [email protected] www.ozco.gov.au cultures . WRITING ..... Protocols for Producing Indigenous Australian Literature

An initiative of the Aboriginal and Torres Strait

ISBN: 0 642 47240 8 Islander Arts Board of the Australia Council Writing Cultures: Protocols for Producing Indigenous Australian Literature Recognition and protection 18 contents Resources 18 Introduction 1 Copyright 20 Using the Writing Cultures guide 2 What is copyright? 20 What are protocols? 3 How does copyright protect literature? 20 What is Indigenous literature? 3 Who owns copyright? 20 Special nature of Indigenous literature 4 What rights do copyright owners have? 21 Collaborative works 21 Indigenous heritage 5 Communal ownership vs. joint ownership 21 Current protection of heritage 6 How long does copyright last? 22 Principles and protocols 8 What is the public domain? 22 Respect 8 What are moral rights? 22 Acknowledgement of country 8 Licensing for publication 22 Representation 8 Assigning copyright 23 Accepting diversity 8 Publishing contracts 23 Living cultures 9 Managing copyright to protect your interests 23 Indigenous control 9 Copyright notice 23 Commissioning Indigenous writers 9 Moral rights notice 24 Communication, consultation and consent 10 When is copyright infringed? 24 Creation stories 11 Fair dealings provisions 24 © Commonwealth of Australia 2002 Recording oral stories 11 Crown use of literary work 24 Protecting oral stories from Library copying 25 authorised copying 12 Educational copying 25 Sensitivity of content 12 Lending rights 25 Writing life stories 12 Public lending right 25 Writer: Interpretation, integrity and authenticity 13 Educational lending right 25 Terri Janke Interpretation 13 Solicitor Further copyright information 25 Use of terminology 13 Terri Janke & Company Copyright collecting societies 26 Research 13 Entertainment, Cultural Heritage Follow up 28 and Media Lawyers and Consultants Authenticity 13 Applying the protocols 28 Editing 14 Respect 28 Peer Review: Publishing 15 Publishing stories and ideas 29 Dr Anita Heiss Web publishing 15 Indigenous control 29 Curringa Communications Illustrating Indigenous books 15 Communication, consultation and consent 29 Design & Typesetting: Selecting cover images 15 Creation stories 29 L&L Design & Production Secrecy and confidentiality 16 Recording oral stories 29 Artwork: joorroo, Darrell Sibosado, 2002 Representation of deceased people 16 Writing life stories 29 Photography: Fiona Prince, 2002 Secret and sacred material 16 Interpretation, integrity and authenticity 30 Personal privacy 17 Interpretation 30 Attribution 17 Editing 30 IMPORTANT NOTICE - The information included in this guide is current as at Sydney, May 2002. Individual and community contributors 17 Publishing 30 This guide provides general advice only. It is not intended to be legal advice. If you have a particular legal Proper returns 17 issue, we recommend that you seek independent legal advice from a suitably qualified legal practitioner. Continuing cultures 17 Secrecy and confidentiality 31 Representation of deceased people 31 Secret and sacred material 31 Personal privacy 31 Attribution 31 Proper returns 32 Continuing cultures 32 Recognition and protection 32 Copyright 32 introduction References 34 Bibliography 36 ... Contacts 38 As part of their practice, Indigenous writers take on Acknowledgments 41 responsibilities as educators, informants and conveyors of the diversity of Aboriginal and Torres As an Aboriginal writer I am constantly aware Strait Islander cultures. Writing encompasses several of literature being the ‘little sister’ to other obligations for Indigenous authors and these may artforms like visual arts, theatre, music and bring about conflict in the creation and publication dance. The ‘little sister’ syndrome exists largely of their literary works. Writing Cultures looks at due to the fact that literature is a relatively new some of these issues. artform for Aboriginal people, visual and Indigenous people’s right to own and control their performing arts being part of our culture since cultural heritage is known as ‘Indigenous cultural the beginning of time... and intellectual property rights’. The term is used in Our Culture: Our Future 2 to refer to those rights as We have now mastered the same language they are developing within international law. Since that was once used against us – describing us 1998, when Our Culture: Our Future was first as barbaric and savage – and we have published, the term ‘Indigenous heritage rights’ has empowered ourselves to tell our stories, in our gained more favour in the international arena. In styles, for our people. Writing Cultures we use ‘Indigenous heritage’ to Dr Anita Heiss.1 refer to these rights. Even though publishing has only become accessible Indigenous heritage comprises all objects, sites and to Indigenous writers in the past 50 years, literature knowledge transmitted from generation to is a vital part of Indigenous culture. Writing, for generation. Indigenous people’s heritage is a living Indigenous Australian people, is largely about heritage. An Indigenous person’s connection with expressing cultural belonging – however, it goes the land, water, animals, plants and other people is beyond that. an expression of cultural heritage. Writing, In Indigenous cultures the writer is a custodian of performing, song, the visual arts and more recently, culture, with obligations as well as privileges. new media, are ways of transmitting Indigenous cultural heritage. As primary guardians and interpreters of their cultures, Indigenous people have well-established protocols for interacting with their cultural material. New situations will also require cultural protocols. Writing Cultures guides the reader through many of these protocols.

INTRODUCTION-1 ...

Writing Cultures is one in a series of five We also hope the guides will spark debate and The Copyright section contains general For example, a cultural protocol to action the Indigenous protocol guides published by the that additional protocols will be developed across information and advice on the main law in underlying principle of respect is to acknowledge Australia Council’s Aboriginal and Torres Strait artforms. Your comments and ideas can be Australia governing the use and reproduction of the Indigenous country and custodians at the site of Islander Arts Board. The guides reflect the forwarded to [email protected] or art and cultural expression. each spoken word performance, launch or literary complexity of Indigenous Australian culture, and Director Follow up provides a checklist of key points to event, and in the acknowledgment of a published provide information and advice on respecting Aboriginal and Torres Strait Islander Arts consider when developing protocols for a writing text about a specific Indigenous country. Indigenous cultural heritage. Although each of the Australia Council project. It offers different and more specific Writing Cultures identifies many specific protocols guides address cultural protocols specific to an PO Box 788 information than the preceding sections. We which can be applied or adapted by writers, Indigenous artform, they are shaped by the same Strawberry Hills NSW 2012 therefore suggest you use the points outlined here publishers, arts organisations, cultural institutions underlying principles – the backbone of the alongside the Principles and Protocols and and others working with Indigenous literature. protocols. The five guides in the series are: Using the Writing Cultures guide Copyright sections before developing a checklist for Writing Cultures also aims to formally identify issues Writing Cultures is written as a first point of • Song Cultures your own project or practice. arising from the interaction between Indigenous reference in planning a work with Indigenous •Visual Cultures We have also included a list of Contacts to be cultural concerns and the law protecting the rights practitioners, or using Indigenous cultural material. used as starting points for accessing relevant of authors. The Australian legal system incorporates • Performing Cultures (Drama/Dance) When you need specific advice on the cultural people and information. some but not all of these concerns. • New Media Cultures issues of a particular group, we recommend you While protocols differ from legal obligations, •Writing Cultures. either speak to people in authority, or engage an What are protocols? Indigenous cultural consultant with relevant Writing Cultures outlines the current copyright law The Indigenous protocol guides will have relevance Protocols are appropriate ways of using Indigenous knowledge and experience. framework. The process of following the protocols for everyone working in or with the Indigenous arts cultural material, and interacting with Indigenous supports the recognition of Indigenous heritage The Introduction defines protocols as used in sector, including: people and their communities. Protocols encourage rights. It encourages culturally appropriate this guide, and looks at the special nature of • Indigenous and non-Indigenous artists ethical conduct and promote interaction based on working practices, and promotes communication Indigenous literature. good faith and mutual respect. • People working within related fields of between all Australians with an interest in The next section, Indigenous Heritage, is an Indigenous artform practice Indigenous protocols arise from value systems and Indigenous literature. important overview of the issues that inform the cultural principles developed within and across • Federal and state government departments development of Indigenous protocols. It looks at the communities over time. What is Indigenous literature? • Industry agencies and peak organisations complex web of relationships in Indigenous It is important to note the diversity and complexity Indigenous literature in an Australian context refers Australia, and how this might impact on the • Galleries, museums and arts centres of the many different Indigenous cultures in to the written word and text produced by planning of a writing project. It also charts • Educational and training institutions Australia. Ways of dealing with issues and cultural Aboriginal and Torres Strait Islander people. international initiatives for the protection of material may differ from community to community. Indigenous literature crosses a range of • Indigenous media and targeted Indigenous cultural and intellectual property rights. mainstream media. There are also many different protocols across the genres including: The key section, Principles and Protocols, presents diversity of urban, rural and remote communities. • short stories We hope Indigenous people, and those working nine principles we have developed to support the While it is not possible to prescribe universal rules • plays with Indigenous people, will be inspired to use the protection of Indigenous cultural heritage. There is for working with Indigenous artists and their • novels/novellas principles as a framework for developing protocols valuable information on protocols specific to the use communities, there are some fundamental principles • non-fiction, including essays and opinions appropriate to their specific drama and dance of cultural heritage material in writing practice. within which to conduct respectful work. • poetry projects, language groups, regions, clans A number of case studies and commentaries from • autobiography/biography and communities. Indigenous writers identify pitfalls and offer advice. The protocols outlined in Writing Cultures are shaped by nine principles. The protocols are, • community and oral histories by definition, ways of actioning these principles. • children’s books.

2 -WRITING CULTURES INTRODUCTION-3 Special nature of Over the past ten years the development of Indigenous literature Indigenous writing has resulted in a range of works on contemporary themes, such as Glenys Ward’s The story is the most powerful thing on earth Wandering Girl 4 and Kim Scott’s Benang.5 because it will last as long as there are two There are many reasons to write. I partly write people left on it. And when there is only one to think things through in the form of a story, she will whisper these stories to remind herself and to seek a deep communication with the of what has been lost and, in that way, she Indigenous future and the past; attempting to understand will have the company of her ancestors. my own ancestors, and attempting to Bruce Pascoe.3 communicate with integrity to both present and Knowledge, history and other cultural information future readers among my people. has been orally transmitted through many 6 heritage Kim Scott. Indigenous generations. Now, Indigenous writing Indigenous writers also pen poems, stories and has an important place in the transmission of ... novels on themes that are not solely about Indigenous culture. Indigenous issues. For instance Aboriginal poet An Indigenous person’s connection to Indigenous Some of the reasons Indigenous writers put pen to Norm Newlin also writes poetry inspired by love. paper include: heritage is expressed in contemporary life through Literature and oral stories, like other aspects of his or her relationship with land, waterways, • facilitating ongoing transmission Indigenous heritage, often stem from a social and of information Indigenous literature is an important means of animals and plants, and his or her relationships with cultural base. In some cases, stories may relate to a other people. •providing reading materials for group or groups of Indigenous people where one expressing Indigenous heritage – past, present and Indigenous readers Aboriginal and Torres Strait Islander people have a author cannot be singled out from group ownership. future. Indigenous heritage, enshrined in Indigenous well developed and complex web of relationships • recording community histories The story of the Wagilag Sisters is an example of a cultural and intellectual rights, is discussed at length 8 based on family ties, clan belonging, language • recording oral histories/life stories culturally-based story that has ancient origins and in Our Culture: Our Future. group affiliations, and community, organisation • community ownership of stories spans a number of clan groups. The literary and publishing sector can adopt a ‘best • cultural reclamation and maintenance and government structures. A range of authority Indigenous Australians are concerned there is practice’ approach by encouraging respect • language reclamation and maintenance for the cultures of Indigenous Australians. It can structures exists across urban, regional and remote no respect for their Indigenous cultural knowledge, communities. It is important to acknowledge the • entertainment do this by acknowledging their innate value, stories and other expression in the wider complexity of Indigenous Australia when negotiating •as a form of personal and community healing their difference from other cultures, and by cultural environment. the use of Indigenous heritage for a writing project. (e.g. stories of the Stolen Generation) respecting Indigenous ownership and control of Concerns include the current legal framework that Indigenous heritage. The process of following the protocols not only •providing an authentic voice in Australian does not promote or protect the rights of Indigenous literature and the literary scene All Indigenous artists are responsible for supports Indigenous heritage rights, but also people – particularly to own and control promotes diversity and new initiatives in Indigenous • educating the broader community about safeguarding cultural knowledge and expression. representation and dissemination of their stories, literature, and culturally appropriate outcomes. Indigenous issues knowledge and other cultural expression.7 They need to ensure that Indigenous cultures, both in the past and today, are protected and • educating Indigenous communities on local and A further concern is the passing on of stories and national Indigenous issues. maintained in their works. In this way these cultures Indigenous knowledge to outsiders. In Indigenous can be passed on to future generations. communities, the telling of stories is a right given to particular and qualified individuals. The re-telling of There is not one, but many Aboriginal or Torres those stories by unqualified outsiders may be Strait Islander cultures. These cultures have offensive to customary law beliefs. developed over thousands of years and have been passed down from generation to generation. Despite the enormous impact of the invasion in 1788, Indigenous cultures have continued to develop.

4 -WRITING CULTURES INDIGENOUS HERITAGE-5 ...

The Draft Declaration on the Rights of Indigenous Internationally, the World Intellectual Property Our Culture: Our Future • control the recording of cultural Peoples states, in Article 29: Organisation has established an intergovernmental committee on intellectual property and genetic Indigenous cultural and intellectual customs and expressions, the Indigenous peoples are entitled to the property rights refers to Indigenous particular language which may be recognition of the full ownership, control and resources, traditional knowledge and folklore to people’s rights to their cultural heritage. intrinsic to cultural identity, protection of their cultural and intellectual discuss intellectual property issues that arise in the knowledge, skill, and teaching property. They have the right to special context of: Heritage comprises all objects, sites and of culture. knowledge – the written nature or use measures to control, develop and protect their • access to genetic resources and benefit-sharing which has been transmitted or For a full list of rights see sciences, technologies and cultural Our Culture: Our Future 9 •protection of traditional knowledge, innovations continues to be transmitted from manifestations, including human and other and creativity generation to generation, and which is genetic resources, seeds, medicines, •protection of expressions of folklore.14 regarded as pertaining to a particular knowledge of the properties of fauna and Indigenous group or its territory. Current protection of heritage flora, oral traditions, literatures, designs and Regionally, a model law for protecting traditional 10 knowledge in the Pacific was drafted and Indigenous people’s heritage is a living Australia’s current legal framework provides limited visual and performing arts. heritage and includes objects, completed in July 2002. The Pacific Regional recognition and protection of these rights. knowledge, artistic, literary, musical and The Mataatua Declaration on Indigenous Cultural Framework for the Protection of Traditional Our Culture: Our Future recommended significant performance works, which may be and Intellectual Property Rights, in Article 8, urges Knowledge and Expression of Culture establishes changes to legislation, policy and procedures. created now or in the future, and based Indigenous people to ‘develop a code of ethics ‘traditional cultural rights’ for traditional owners of As yet there has been no formal response to these on that heritage. which external users must observe when recording traditional knowledge and expression of culture.15 recommendations from the Australian government. Indigenous cultural and intellectual (visual, audio, written) their traditional and The prior and informed consent of the traditional Much of the rights recognition has been done at an 11 property rights include the right to: customary knowledge’. owners is required to: industry and practitioner level, through the Draft Principles and Guidelines for the Protection of • own and control Indigenous cultural development of protocols and use of contracts to •reproduce or publish the traditional knowledge and intellectual property the Heritage of Indigenous People (1993) were support the cultural rights of Indigenous people. or expressions of culture • ensure that any means of protecting adopted by ATSIC’s Indigenous Reference Group Across the world, Indigenous people continue to 12 • perform or display the traditional knowledge or Indigenous cultural and intellectual in1997. Article 39 states: call for rights at a national and international level. expressions of culture in public property is based on the principle of Artists, writers and performers should refrain Indigenous people are developing statements and • make available online or electronically transmit self-determination from incorporating elements derived from declarations which assert their ownership and to the public (whether over a path or a • be recognised as the primary Indigenous heritage into their works without the associated rights to Indigenous cultural heritage. combination of paths, or both) traditional guardians and interpreters of their informed consent of the Indigenous owners. cultures These statements and declarations are a means of knowledge or expression of culture giving the world notice of the rights of Indigenous In January 2002, the World Intellectual Property • authorise or refuse to authorise the • use the traditional knowledge or expression of people. They also set standards and develop an Organisation’s International Forum, Intellectual commercial use of Indigenous culture in any other form. Indigenous discourse that will, over time, ensure that cultural and intellectual property Property and Traditional Knowledge: Our Identity, ’ according to customary law Indigenous people s cultural heritage is respected Our Future, held in Muscat, Oman, adopted a and protected. Declaration recognising that ‘traditional knowledge • maintain the secrecy of Indigenous plays a vital role in building bridges between knowledge and other cultural practices civilisations and cultures, in creating wealth and in • full and proper attribution promoting the human dignity and cultural identity of traditional communities’.13

6 -WRITING CULTURES INDIGENOUS HERITAGE-7 People working in the literary field are encouraged Speaking to the right people is very important. to foster diversity of expression in Indigenous writing. Indigenous communities, whether regional, urban or remote, have an infrastructure of organisations and Living cultures individuals who can advise on a range of issues Indigenous cultures are living and evolving entities, – including guidance about locating Indigenous not simply historical phenomena. people with authority to speak for specific principles and Indigenous cultural material. If your project involves a visit to Aboriginal lands Publishing stories and ideas or outer Torres Strait Islands, permission must be The effects of publication of an obtained from the local Land Council or Trust, or the protocols Indigenous story – whether sacred, relevant Community Council. For a list of Indigenous closed or general – should be discussed authorities see the National Directory of Aboriginal ... prior to publication. Books, the Internet, and Torres Strait Islander Organisations.17 journal articles and magazines are part Some other useful starting points for inquiries include: of the mass media, and are open for Acknowledgment of country general consumption. • the relevant individuals or family members Indigenous Australians, the Aboriginal and Torres Once publicly released, it is difficult to • elders and custodians of relevant Indigenous Strait Islander people, are the original inhabitants control how a story might be embraced, clans and groups The principles outlined below are a framework for of Australia. adopted and engrained within • Indigenous language centres respecting Indigenous heritage: dominant and other cultures. There are When organising a book launch or literary event, • Indigenous publishing houses also legal limits in being able to control • Respect it is respectful to seek the consent of the Indigenous the general expression of Indigenous • the Australian Institute of Aboriginal and Torres owners of the land.16 • Indigenous control stories and knowledge once the Strait Islander Studies If consent is given, it is respectful to acknowledge • Communication, consultation and consent copyright period expires. For example, • Aboriginal Land Councils country and custodians at the site of each spoken ancient Greek stories, fairytales and • Interpretation, integrity and authenticity word performance, book launch, storytelling or Bible stories are all re-told in many • Aboriginal and Torres Strait Islander Commission • Secrecy and confidentiality literary event, and in the acknowledgment of a different ways and languages by writers •Torres Strait Regional Authority • Attribution published text about a specific Indigenous country. of varying cultural backgrounds. • Island Coordinating Council Using knowledge as part of the general •Proper returns Seek advice from the Indigenous community on the • Indigenous Unit of the Australian Film spread of ideas is a concept that often preferred manner of acknowledgment. Commission • Continuing cultures sits at odds with Indigenous notions of • Recognition and protection. Representation holding and disseminating knowledge. • Indigenous theatre companies It is a right given to people based on In the following pages, under each of these Representation of Indigenous cultures should • Indigenous media organisations their standing in an Indigenous society. principles, we have suggested protocols for using reflect Indigenous cultural values and respect • Indigenous curatorial staff at local keeping Indigenous cultural material, and interacting with customary laws. places, state and national galleries, museums Indigenous writers and Indigenous communities. It is respectful to write and speak about Indigenous and libraries. cultures in a manner preferred by those cultures, Indigenous control It can also be prudent to involve Indigenous people Respect avoiding derogatory or outdated terms and in all stages of writing projects, including Indigenous Indigenous people have the right to perspectives. It is important to consult with relevant writers, community members, storytellers and editors. Respectful use of Indigenous cultural material, self-determination in their cultural affairs, and groups about preferred language and terms. including stories, traditional knowledge and expression of their cultural material. There are many Commissioning Indigenous writers information about life experience, is a basic ways in which this right can be respected in the Accepting diversity When engaging Indigenous writers to participate in principle. It is important to consider this when development and production of literary works. There is great diversity of experience and cultural a project, including writing assignments and developing Indigenous literary works for publication context within Indigenous communities. Indigenous One significant way is to discuss how Indigenous speaking engagements, most organisations use the and wide dissemination. literature reflects this diversity in the genre, subject control over a project will be exercised. This raises ATSIC definition of Aboriginal identity as a guide. matter and cultural setting the Indigenous writer the issue of who can represent clans and who can might choose. give clearances of traditionally and collectively owned material.

8 -WRITING CULTURES PRINCIPLES AND PROTOCOLS-9 ...

The current practice of the Australia Council requires Jackie Huggins advises non-Indigenous writers when Creation stories Pat Mamanyjun Torres notes that the process she all Indigenous participants to provide a letter of consulting and seeking consent: Creation stories or Indigenous Dreaming Histories went through to publish The Story of Crow in 1987 support confirming their Aboriginal or Torres Strait One word of caution though – don’t expect – referred to by different Indigenous groups as the required continual dialogue with the custodians of 18 Islander identity from an Indigenous organisation. Aboriginal people to easily welcome you into Jukurrpa, Bugari or Altjeringa 22 – are important to the story. She says: Discuss copyright ownership at the outset. The their world. Some of us will be more open and Indigenous cultures. During my initial research period, approval was following factors may be relevant in discussions: tolerant than others. There is a long history of It is protocol to consult with cultural custodians obtained from Auntie Magdalene for the future • nature of the commission violence, mistrust, guilt and fear that cannot be of a story and other community members. publication of this material in a book format so erased overnight. Know when you are that children could learn about our culture. At all • nature of subject matter There may also be one or more groups that have becoming an intruder rather than an custodianship of a story. Consultation with, and times throughout the development of the material • whether it is a collaboration accomplice. Do some homework first. Read consent from each identified group should be her approval was sought for the working drafts 25 • fee for services. books, watch films, do Aboriginal studies sought. Be prepared to reconsider your project and eventually the finished product. courses. You should never expect Aboriginal if consensus cannot be reached. Many Indigenous writers make draft copies people to do all the education because it’s Communication, Under copyright law, it is not an infringement to available, before publication, to the relevant unfair and a personal drain... If there is trust, refer to another writer’s work. Creation stories that Indigenous people and family members for comment. consultation and consent respect and genuine interest, one will are published have copyright protecting the possibly get past the first encounter and Communication and consultation with the relevant expression. However, it is possible for a writer to Recording oral stories continue a dialogue.21 Indigenous people in authority, and their consent, adapt a story, tell it in a different context or use Traditionally, Indigenous stories have been orally will need to be sought for each project. Some protocols identified by Indigenous writers as different words, creating copyright in another form. transmitted and passed on through the generations According to Bruce Pascoe: important to the communication, consultation and It is also possible for a writer to include or write via the art of storytelling. Committing these stories to consent process include: about creation stories without following the correct Consent by both non-Indigenous and material form now creates a copyright interest in the Indigenous protocol of seeking permission from the Indigenous writers is a priority. People wanting • The need to identify relevant people with whom expression of the story. In the past, there have been people in authority. to write about Indigenous people should to discuss the intended publication. instances where non-Indigenous individuals have worked with Indigenous people to record their clan discuss their artistic ideas with Indigenous • When interviewing informants take good notes. If the writing of creation stories involves the verbatim and creation stories. Copyright has belonged in the friends and acquaintances as well as If they provide photographs, recordings, news transcription of an oral story from specific informants, written expression, attributing the non-Indigenous consulting protocols. If the non-Indigenous clippings and other materials, these should be then permission, attribution and ownership of person as the sole writer and copyright owner. writer doesn’t know any Indigenous people to looked after and returned as soon as they have material should always be recognised. Indigenous people see ownership of stories and consult with then that is a great reason to served their purpose. Should non-Aboriginal writers be writing Aboriginal 19 information differently. abandon the project. • Keep appropriate/relevant Indigenous people creation stories? This issue is discussed by Dr Anita Heiss in Writing About Indigenous Australia: Copyright does not protect oral stories if the Kim Scott discusses issues within the informed and advised, and where possible, Some issues to consider and protocols to follow: requirement of material form is not met. Hence, consultation process: provide regular updates. a discussion paper.23 Some Indigenous writers and people writing about what you said will have a ’ • When the first draft or work has been It s difficult to know how to consult adequately community people strongly believe that Indigenous copyright interest in the written form even if their ’ completed, take it back to the Indigenous in many instances. So there s great need for people should exclusively write creation stories.24 contribution to the written form is minimal. You trust. And the authority is given by genealogical people you consulted for approval and may not be able to stop them from writing your The best approach for a writer in this situation is descent, by ‘connection’ to community and confirmation of facts. ideas, unless you told them in confidence. If you to get prior permission from the relevant Indigenous place, and by the validation of elders.20 • Be flexible with time – and understand that the told them in confidence, and they knew it was custodians of creation stories and once obtained, consultation process may be lengthy. Do not confidential, you may be able to stop them involve them in the process of writing, editing expect to have a reply to a question in a day or publishing your ideas by taking an action in breach and publication. a week. Each community will need time to of confidential information.26 consider and consult.

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Protecting oral stories from Interpretation, integrity The following references provide guidelines on the unauthorised copying case study appropriate use of grammar and terminology in and authenticity relation to Indigenous people: Magabala Books suggests the following way of Writing lives protecting rights when a story is first recorded: It is important for Indigenous culture that the •Jackie Huggins, in her article ‘Respect v Political An Indigenous woman worked with a interpretation, integrity and authenticity of a story is Correctness’ provides some guidance. Most Aboriginal stories are part of an oral playwright to create a play about her maintained. This means that Indigenous people For example, she states that ‘a’ is for apple, tradition and have never been written down. life. The woman orally related her life agile, anger, another, address and alphabet, If someone wishes to record a story (by writing story to the playwright who took notes. will need to be consulted on how Indigenous but not for Aboriginal.29 it down or taping it) then the recorder could The oral transmission of the story does heritage is presented. not constitute material form, which is •There is a list of terms in the Australian Society claim to be the copyright owner of the material Interpretation because they are the one who has written it created when the notes are made. of Authors’ paper, ‘Writing about Indigenous 30 down. A way to control this would be for the The playwright used the notes as a Interpretation refers to how cultural material is Australia’ written by Dr Anita Heiss. presented. This includes the perspective given and storyteller to argue that, as the story is theirs, basis to develop a plot. •There is also a Style Manual for Authors, Editors the language used in relation to cultural heritage the recorder should assign in writing the He skillfully wrote more words and and Printers which sets out guidelines for the and the medium in which it is reproduced. copyright back to the storyteller, who can then interpreted the woman’s words into a non-discriminatory portrayal of Aboriginal and license the recorder to use the material in framework suitable for production as a In the past, Indigenous cultural material has been Torres Strait Islander people.31 certain specified ways, such as for research or performance. After completion, there subject to interpretation by non-Indigenous people. was a discussion about who owned for linguistic work.27 Today, as Indigenous people seek to re-assert and Research copyright. The Indigenous woman had In the past Indigenous people have complained that a legitimate claim to copyright in the reclaim control over their cultural heritage material, Sensitivity of content play, given she had provided notes and Indigenous interpretation of the material is a way of Indigenous culture has been falsely stated in texts. Be aware of gender division of responsibility and information on her life. However, the enhancing the cultural significance of the work. It is important to make sure writing is based on knowledge in many Indigenous communities. playwright was also arguably entitled to Indigenous people should be given the opportunity sound research and facts that are credible. Sensitive content such as secret and sacred material some copyright interest given he had to interpret and present their own cultures. The Australian Institute of Aboriginal and Torres Strait skillfully developed text and a or gender-based works may require special Some important questions to consider about Islander Studies is a useful starting point for research. framework for her story. communication procedures. These procedures interpretation are: The premises are in Canberra and they also have a should first be ascertained. Consultation may take In the end the parties agreed that the • How will your writing affect the Indigenous website with a catalogue of their library resources time depending on the sensitivity of the material. Indigenous woman should own at www.aiatsis.gov.au copyright, however both should share group it is based on? Writing life stories royalties and be jointly attributed as • Does it empower them? Authenticity authors. In this way, the resulting play In writing life stories of Indigenous people it is • Does it expose confidential or personal and A major issue for authenticity is the appropriation was a collaborative work. important to respect the rights of the subject in terms sensitive material? or fabrication of an Indigenous identity to market This example illustrates how copyright of ownership and approval over the representation •Does it reinforce negative stereotypes? works. This differs from the adoption of pseudonyms law can affect the rights of Indigenous of the story. as it is calculated to exploit an identity for financial people to important cultural stories. Use of terminology gain. A series of literary frauds have been The following questions arise: However, these problems can be avoided Writers are encouraged to examine the terminology uncovered in the past five years, including an • Who is in control of the representation if issues are discussed at the outset and used in Indigenous writing. instance where a non-Indigenous author created a of the story? included in written agreements. For instance, Pat Mamanyjun Torres notes instead of false identity and the resulting book was marketed • Is there anything sensitive that needs to be using ‘Dreamtime’ (a Westernised construction) for and sold as Indigenous, although it was not written removed from the story – particularly in relation creation stories, Indigenous language words should by an Indigenous author. to events and cultural beliefs that involve be used such as Jukurrpa, Bugari and Altjeringa.28 other people?

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Dr Anita Heiss considers authors appropriating Other times someone may share a story which Publishing Aboriginal Studies Press (Canberra) and IAD Press 32 Aboriginality do so for their own benefit. Such is very sad and indicate that they want this Few Indigenous writers have publishing deals with (Alice Springs). The following areas are highlighted actions have angered many Indigenous writers and story published, but after some thought change mainstream publishing companies. According to for consideration when publishing. the Indigenous community generally. their minds. Such decisions must be respected. Willa McDonald: This is why it’s important to have an editing Web publishing The ASA recommends the introduction of a labelling For Indigenous writing to be accepted by process that allows lots of time for consultation Indigenous people are often concerned about the system that would allow readers to know when white publishers, it usually needs to be written so that people can really think about what they publication of Indigenous heritage on the Internet. books are written primarily by Indigenous authors, in a way that is understandable by mainstream want to say without feeling pressured to This is because of the digital nature of the and when they are a collaboration with non- white Australians. The written word is part of commit to something they may later regret. form presented and the ease of copying. Indigenous writers. 35 white culture, and comes with rules about Sally Morgan. Before publishing material online, discussions grammar, spelling and structure. Everything is Editing with Indigenous people are recommended. It would be most appropriate to have an Indigenous sifted through white filters.38 In working in a partnership situation with editor work on an Indigenous author’s manuscript. Illustrating Indigenous books Indigenous communities or individuals it is However, given the limited numbers of Indigenous Most Indigenous writers come from outside the mainstream and have limited knowledge of the important to understand that it is the community editors (there are only three or four working full- time Visual elements are integral to many Indigenous processes involved in developing a manuscript for or the individual who should have the power in the industry), this might be difficult. stories. Sam Cook, an Indigenous illustrator, has publication. The publisher may have specific developed a database of Indigenous illustrators to be the final censor of the work, not the Findings from an Australia Council survey showed guidelines and style issues that are not applicable and says it is important to work closely with the editor, translator or writer. Trust is the key to a that respondents believed non-Indigenous editors to Indigenous interpretation of works – for example, author in children’s book or story-based designs. successful outcome for all concerned. could capably edit Indigenous books. However, the 33 inhouse style of punctuation and grammar. She advocates ‘extra care and attention to detail’ Sally Morgan. report highlighted the need for trained Indigenous to ensure that Indigenous books have appropriate editors as a priority.36 Publishers should make relevant inquiries to The editorial process of a manuscript can have a ensure a writer who is promoted and marketed illustrations and authentic product.40 The Literature Board of the Australia Council has large impact on how the final document is as ‘Indigenous’ is an Indigenous Australian. funded an Indigenous editors’ training program to presented and interpreted. The editing process can The ATSIC test of Aboriginality is recommended. Selecting cover images affect the authentic voice of Indigenous writers.34 increase the number of trained Indigenous editors. A sensitive issue is whether Indigenous writers The selection of artistic works for book covers For Indigenous writers there are concerns that should compromise their cultural integrity during the may need consultation with the author and non-Indigenous editors often misunderstand the editorial and publishing process to get their work other relevant people. It is important to be sure case study content of their manuscripts, and often alter published. Indigenous writers state that while some that the cover image is culturally appropriate and language and style to cater for a mainstream Jandamarra and publishing companies are sensitive to Indigenous not exploitative. non-Indigenous audience. Some issues include: the Bunuba Resistance manuscripts, there is a tendency to edit towards The use of traditional designs and motifs (Mimis • editing of ‘Aboriginal English’ to make it The book Jandamarra and the Bunuba genre and mainstream audiences. and Wandjinas, for instance) raises issues for 37 grammatically correct or to make it ‘High English’ Resistance published by Magabala Publishers are encouraged to broaden their protecting Indigenous heritage. Book in 1995 was written by Howard • drawing plot and themes towards Westernised understanding and appreciation of works that lie One author noted the draft cover layout for her Pederson with custodian, Banjo concepts of storytelling and morals outside of the mainstream view of literary Woorunmurra. The book accounts the work included cultural images from areas in production. The publishing process must be a • editing sensitive material. resistance of the Bunuba people and Australia not related to her area, or the area where relates a history which was previously mutual process of collaboration between the author the novel was set. This caused her embarrassment Sometimes people will share something 39 and the editor. and if it had been published could have offended very sensitive, but that doesn’t mean they untold. Copyright is shared by Pederson, a non-Indigenous writer and the cultural custodians of the images. She was want it included in a publication. There are few Indigenous publishing houses Woorunmurra. The book was edited by catering for the increasing number of new and fortunate the publisher had sought her prior Sandra Phillips, an Indigenous editor. emerging Indigenous writers seeking publication. approval – the image on the cover was changed The current houses are Magabala Books (Broome), to a more appropriate one.

14 -WRITING CULTURES PRINCIPLES AND PROTOCOLS-15 ...

Secrecy and confidentiality Secret and sacred material Clearly, copyright in the book would have Individual and community contributors The reproduction or unauthorised use of secret and belonged to Mountford. The claim was based on Under the moral rights provisions of the Copyright Some Indigenous cultural material is not suitable sacred material may be a transgression of an action for breach of confidence. That is, the Act 1968 (Cth), the right of attribution is recognised for wide dissemination on the grounds of secrecy Indigenous law. researcher had known the confidential nature of the for creators. However, it is recommended that and confidentiality. It is the responsibility of the information and the detriment it may cause to the ‘Secret and sacred’ refers to information or material contributors also be attributed for their role in the writer, and those working on writing projects, to informant’s society, yet still published it. Therefore that, under customary laws, is: development of a literary work. discuss any restrictions on use with the relevant the Pitjantjatjara were granted equitable relief to It is also important to attribute the cultural source of Indigenous groups. Some issues to be aware of are • made available only to the initiated stop dissemination of the book where women, a story. For example, a story originating from a discussed below. • used for a particular purpose children and uninitiated people might find it. particular clan group should be attributed in each • used at a particular time This example illustrates the effect that publishing Representation of deceased people and every publication. • information/material that can only be seen and sacred or secret material may have on Indigenous The reproduction of names and images of heard by particular clan members (such as men cultures. In order to respect the cultural sensitivities deceased people in books may be offensive to or women or people with certain knowledge). associated with sacred and secret information, the Proper returns Indigenous beliefs. Some Indigenous publishers wider publication of this material should be restricted. Indigenous people should share in the benefits and have adopted the use of special warnings where The publication of sacred and secret material raises sensitive issues for Indigenous people. Some people receive proper returns for use of their cultural necessary. For instance, IAD Press has adopted this Personal privacy question whether it is at all appropriate to publish heritage material. When commissioning Indigenous practice41 as has Aboriginal Studies Press. The sensitive material in a manner where it can be The personal privacy of Indigenous people should writers, fees should be paid at an appropriate following example is from the book, Love Against disseminated widely. be respected. Personal and confidential information industry rate. the Law, The Autobiographies of Tex and Nelly must not be disclosed without permission from all One example that highlights concerns in this area is When using communally owned cultural heritage Camfoo, published by Aboriginal Studies Press: Indigenous people affected by the disclosure. the case of Foster v Mountford 43 involving the issue material, it is important to consider ways in which Readers should be aware that if members of Ask the individual, community or relatives of the of published secret and sacred material collected in the clan or group can benefit from the use of their some Aboriginal communities see the names or individual for permission. Observe close research. Charles Mountford undertook a field trip material. For example, you could provide copies of images of the deceased, particularly their consultation and consent throughout the process. in 1940 into remote areas of the Northern Territory. the published documents or conduct workshops for relatives, they may be distressed. Before using The Pitjantjatjara people revealed tribal sites and Disclosure of personal information about an emerging writers. this book in such communities, the wishes of items of deep cultural and religious significance to Indigenous person who has passed away should senior members should be established and the anthropologist. Mountford recorded the also be cleared with family and community. their advice taken on appropriate procedures information and later wrote a book, Nomads of the Continuing cultures and safeguards.42 Australian Desert ( Rigby, 1976), which was Attribution Consultation is an ongoing process. Cultures are The deceased’s family or community needs distributed for sale in the Northern Territory. dynamic and evolving, and the protocols within to be consulted so that the appropriate protocols The book contained information that was of deep Indigenous people should be attributed for use of each group and community will also change. their cultural heritage material in stories. In many are observed. religious and cultural significance to the It is important to consider how you will maintain instances in the past, and even today, Indigenous Pitjantjatjara men. The information was shown to relationships for future consultations. This might people have been used as informants for research, have been given to Mountford in confidence. include consultation, at a later date, for future uses evaluations and theses. The Pitjantjatjara people were concerned that of the work that were not envisaged during the continued publication of the book in the Northern Today, Indigenous people are seeking greater initial consultation. Territory could cause serious disruption to their acknowledgment than being recognised as mere culture and society should the book come into the informants. They seek the right to be acknowledged hands of the uninitiated – women and children. as owners of this knowledge and information. The court allowed them an injunction to stop the They also seek to have a greater share in benefits sale of the book in the Northern Territory. generated from the use of their cultural stories.

16 -WRITING CULTURES PRINCIPLES AND PROTOCOLS-17 ...

Recognition and protection Resources • The Greater Perspective: Protocol and Guidelines for the Production of Film and The increasing level of appropriation of Indigenous A number of protocol documents have been Television on Aboriginal and Torres Strait arts by non-Indigenous people has compelled produced in recent years to meet the needs Islander Communities, Lester Bostock, Special Indigenous people to seek greater protection of of particular communities, organisations, industries Broadcasting Services, 2nd edn, 1997. Indigenous arts, including the call for new and situations. The following are selected as • The Australian Society of Authors has produced legislation recognising communal rights to culture. useful guides: two discussion papers relating to issues of • Aboriginal and Torres Strait Islander Protocols for Indigenous literature. Written by Indigenous Libraries, Archives and Information Services, Portfolio holder Dr Anita Heiss, the first set of case study compiled by Alex Byrne, Alana Garwood, protocols focuses on issues for non-Indigenous Mutant Message Down Under Heather Moorcroft and Alan Barries for the writers to consider when writing about In 1994, Marlo Morgan’s best-selling Aboriginal and Torres Strait Islander Library and Indigenous Australian society and culture. book, Mutant Message Down Under, Information Resources Network. The paper outlines what Indigenous writers have said on the topic and how non-Indigenous was marketed as a true account of • Indigenous Arts Protocol: A Guide, Indigenous writers have dealt with the issue. The paper the author’s real spiritual experiences Arts Reference Group,47 New South Wales among a group of Aboriginal includes a basic code of ethics checklist Ministry for the Arts, 1998. Australians known as ‘Real People’. covering areas of representation, consultation The book was supposedly inspired • Valuing Art, Respecting Culture: Protocols for and attribution. by the author’s experiences with Working with the Australian Indigenous Visual The second paper, ‘Australian Copyright vs. Australian Aboriginals during a very Arts and Craft Sector, by Doreen Mellor, Indigenous Intellectual and Cultural Property brief stay in the early 1990s. published by the National Association for the Rights’, explores the shortfalls in the Copyright Indigenous groups voiced their Visual Arts, 2001. concerns about the misinformation Act’s protection of Indigenous cultural interests. • Our Culture: Our Future – Report on Australian and distortion of Aboriginal culture Both papers can be downloaded from the ASA Indigenous Cultural and Intellectual Property that the book represented.44 website at www.asauthors.org Rights, written and researched by Terri Janke, According to one journalist’s report, Michael Frankel & Company, Solicitors, for there is speculation over whether Australian Institute of Aboriginal and Torres Strait Morgan ever made the journey described Islander Studies, and the Aboriginal and Torres in the book.45 Robert Eggington of Dumbartung Aboriginal Corporation, Strait Islander Commission, Sydney, 1998. condemns the book as a ‘fabricated • Previous Possessions, New Obligations, a policy fantasy’. He further notes that if Morgan document produced by Museums Australia in has done what she claims to have done 1994 to provide a way for museums to without proper consent, she would have approach Indigenous cultures. A plain English been in breach of Indigenous laws so version with case studies has been published. seriously that the breach is punishable by death under Aboriginal law.46 • Taking the Time – Museums and Galleries, Cultural Protocols and Communities, A Resource Guide, Museums Australia Inc. (Qld), 1998.

18 -WRITING CULTURES PRINCIPLES AND PROTOCOLS-19 There are some notable exceptions to the general Collaborative works rule of ownership: ‘ • An employer will own the copyright to works Under the Copyright Act, a work of joint ’ produced under a contract of employment unless ownership refers to a work resulting from the an alternative arrangement is agreed to in collaboration of two or more authors and where ’ writing. For example, if you are employed as a each author s contribution is equal to the 51 researcher for an organisation and write a book contribution of the other authors. as part of your paid employment, it is likely that The author must contribute to the work by way of the copyright will be held by the organisation. effort, skill and labour. It is not enough to inspire If the work is commissioned and the writer is an or make suggestions. In this interpretation, copyright independent contractor, the copyright will remain the custodians of cultural stories will generally not with the writer. be recognised as the legal copyright owner of ... • The Government can assert copyright to works an Indigenous literary work that depicts clan produced under its direction and control. creation stories. However, if a writer receives a government grant Each author of a work of joint authorship owns How does copyright from the Australia Council, for instance, copyright in the resulting work.52 This means protect literature? the copyright will belong to the author. that each author must obtain the consent of the others before exercising any of their rights It is not necessary to register for protection of Importantly, for copyright to exist, an individual It is important for Indigenous authors to develop an under copyright. For example, if an author copyright. Copyright protects literary, artistic, musical author or group of authors must be identifiable. understanding of copyright so they can negotiate wants to license the rights to reproduce a and dramatic works as soon as they are created in a With Indigenous cultural expression some stories rights to their literary works under licence. collaborative work to another party, he or she material form. This means that a work must exist in a have been passed down through many generations. Authors retain copyright in their works for 50 years must get the consent of all the authors who permanent and tangible form.48 For example, An individual author may not be able to be after their death. Authors can license other people participated in the collaboration. copyright would exist in a book’s unpublished to reproduce their work under an agreement. This identified, and indeed may not exist, because much manuscript as a literary work. agreement will include certain terms such as the fee Indigenous cultural expression is communally owned. Communal ownership vs. for use, the purpose of the agreement, the nature of Copyright protects the expression but not the As copyright, interpreted through the Act, belongs joint ownership the rights granted and the period of time the underlying idea. As copyright exists in the written to individuals as creators of works, the communal In Bulun Bulun v R & T Textiles,53 the court decided expression or, in the case of recordings, in the agreement will last. ownership of Indigenous heritage such as clan that artistic works containing Indigenous ‘traditional recorded form – Indigenous traditional 49 Copyright owners need to think about who will designs or clan knowledge is not recognised. ritual knowledge’, handed down through knowledge, dance, designs and stories that are control their copyright after their death. Another Protection of much of this material is therefore generations and governed by Aboriginal laws, orally or ephemerally transmitted are not protected issue to consider is who will continue to receive not guaranteed. are not works of joint ownership. Although under under the standard copyright laws. any royalties. Aboriginal laws the entire community may have an What rights do copyright owners have? This section provides some general copyright Who owns copyright? interest in the particular work, and the designs and Copyright owners have the right to earn money information for authors. For specific legal advice we knowledge within the work, copyright does not As the person who records the work in a material from the use and copying of their literary work. recommend consulting a lawyer. recognise the group as the owners. form, the writer is generally recognised as the The copyright owner of a literary work has the The individual artist is recognised as the copyright copyright owner of a literary work. For instance, exclusive right to do all or any of the following: the copyright in the poem ‘Journey’, written by owner and may have a special obligation to the What is copyright? (i) reproduce the work in a material form Terri Janke, is owned by her although published in clan to deal with the copyright in the work, in ways Copyright laws are the main laws in Australia that the anthology Untreated: Poems by Black Writers. (ii) publish the work that are consistent with Indigenous law. Depending on the circumstances, this obligation may be govern the use, production and dissemination of The publisher, in this example IAD Press, owns the (iii) perform the work in public original literary, dramatic and musical works. Rights enforceable in the court. The nature of this copyright in the collection. (iv) communicate the work to the public are provided to writers under the Copyright Act relationship may also extend to knowledge in 1968 (Cth). There are no special laws for the (v) make an adaptation of the work the written form. protection of Indigenous cultural and intellectual (vi) do any of the above in relation to an property under the Copyright Act. adapted literary work.51

20 -WRITING CULTURES COPYRIGHT-21 ...

How long does 2. The right not to have work falsely attributed • If the work is to be altered or adapted for mass Managing copyright to to another author. production, authors should be given the copyright last? Authors can take action against parties who opportunity to approve or otherwise reject the protect your interests alteration or adaptation of their work. Copyright only protects works for a limited period. falsely attribute others as the creators of As copyright exists as soon as a work is created, For example, a literary work lasts for 50 years after their works. It is a good idea to seek legal advice on copyright it is not a legal requirement to register copyright. the death of the author.54 Copyright assumes that 3. The right of integrity. licensing issues. However, certain precautionary practices can some forms of Indigenous art and cultural expression Authors can take action against parties who Assigning copyright provide good warning to potential infringers are in the public domain and are free for all to use treat or alter their works in a derogatory way, and notify them of where to get prior permission and exploit. causing harm to the author’s reputation.57 Copyright can also be assigned. This means that you give your copyright to someone else. They to copy. This may, for instance, be a work that is edited become the copyright owner and can authorise It is important to keep good records of your works. or altered in a way considered derogatory to What is the public domain? others to reproduce your literary work. Copyright is It is a good idea to write your story down, or type the writer. Whether or not the work has been usually assigned under written agreement. Once it into your computer. Once copyright lapses, the work is said to be in treated in a derogatory way is subject to assigned, the author relinquishes copyright in his or the public domain. The law no longer prevents reasonable defence.58 Label all reproductions of the work clearly with the anyone from accessing and exploiting the material. her literary work. following information: Prior to making any significant alterations to, or For example, old stories that are out of copyright Where possible, Indigenous authors should retain adaptations of a literary work, it is important to • title of the paper, novel or short story can be reproduced without the consent of the the copyright in their works so they can maintain get the consent of the author in writing. copyright owner. Indigenous people’s right to culture control over reproduction. • writer The Australian moral rights laws are new, and their exists in perpetuity. To respect Indigenous cultural It is important for Indigenous authors to check • date created potential to increase copyright protection for heritage, it may be necessary to get permission to agreements and make sure they are not assigning • copyright owners use Indigenous stories even though, legally, they are Indigenous writers has not been fully explored. their rights away instead of alternatively licensing • if applicable, cultural group or clan. in the public domain. One important point about moral rights is that they use of their work. are individual rights. There is still no legal When authorising others to reproduce your works What are moral rights? recognition of communal ownership of Indigenous Publishing contracts make sure that you use written agreements and cultural material. keep records of the rights you have granted, and Publishers offer authors a publishing contract which is where your works have been published. Ask for The moral rights provisions under the Copyright Act an agreement to license the reproduction of a literary copies of any journals or anthologies that provide some new ways to challenge derogatory Licensing for publication work. The contract may include terms such as: treatment of Indigenous literary works. Moral rights reproduce your work. • Royalties – Australian Society of Authors (ASA) were introduced into the Copyright Act in The publisher of a literary work will need Minimum Standards are encouraged December 2000. permission from the writer to publish their work. Copyright notice •Territory – which countries, for instance, will be These new laws provide the following rights Some points to consider are: You should also include a copyright notice. the subject of the right to reproduce to authors: •Written contracts are preferred to oral A copyright notice provides information about uses that are acceptable and includes details about 1. The right to be attributed as the author. agreements. •Term – length of time the literary work will be in circulation. contacting the copyright owner for consent to use The author of a work has the right to be identified • Indigenous authors should be given the It is recommended that legal advice be sought on the work in other material. as the author where his or her work is reproduced opportunity to consider contracts and obtain each contract. Magabala Books has produced a Some books use the words ‘All Rights Reserved’. in material form, published, performed, adapted, proper legal advice. short information booklet on copyright, A Basic Guide This is not necessary but if you are publishing in or communicated to the public.55 • The contract should be explained to Indigenous to Copyright.59 This provides some useful information some South American countries it may be Authors can require their names be clearly and authors and, if necessary, a translator be used to explain the major issues of the contract. on publishing contracts. Also, the ASA operates a advisable. If you think that your stories will be first prominently reproduced alongside all Contract Advisory Service which is funded through the published overseas seek advice from a suitable 56 • Appropriate royalties should be paid to the author. reproductions of their works. Literature Board of the Australia Council. practitioner on appropriate wording.

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The following is an example of a copyright notice for material form or communicates the work to the Library copying Educational lending right a literary work: public without permission from the copyright owner. Libraries and archives can make copies of Educational Lending Right (ELR) is a program © Terri Janke, 1999* It is also an infringement of copyright to directly copyright works under certain circumstances in of the Commonwealth Government’s Book 65 * The date of creation or the date the work was copy a substantial part of a literary work. accordance with statutory procedures. Industry Assistance Plan and will be funded from first published. A ‘substantial’ part of a work does not necessarily 2000–01 to 2003–04. ELR makes payments to refer to a large part of the work. The court will look Educational copying eligible Australian authors and publishers whose The copyright in the poem ‘Journey’, written by Terri for striking similarities between the original work Educational institutions such as schools and books are held in educational lending libraries. Janke, is published by IAD Press in the anthology and the infringing copy, and assess the quality of universities can make multiple copies of print It complements the PLR. For information on Untreated: Poems by Black Writers. The writer owns what was taken. material, and can copy television and radio guidelines visit the website www.dcita.gov.au the copyright in the poem, and the publisher owns programs for education purposes. They must It is free for authors to register, however you must the copyright in the collection. It is also an infringement of copyright to import an infringing work into Australia for sale or hire. however pay statutory licence fees to the relevant be registered to receive any payments. The copyright for this anthology is noted as follows: collecting societies. Authors should be aware of Some exceptions to copyright infringement are: © Collection IAD Press, 2001. these schemes, as there may be royalties payable Further copyright The following is an example of a notice for Fair dealings provisions in certain circumstances. Contact the Copyright clan owned traditional stories: Agency Limited, Screenrights or Viscopy information The argument of ‘fair dealings’ can be a defence to where applicable. Traditional story: Torres Strait Islands allegations of copyright infringement. Copyright is Copyright law may impact on the rights of Indigenous people to their traditional knowledge. This version: © A. Murray, 2002. This version is not an infringed if the work is used for: It is therefore important for Indigenous writers to made with the permission of the clan. It may not • research or private study purposes61 Lending rights know about copyright laws. be reproduced in any form without the permission • criticism or review, whether of that work or of of the writer and the clan concerned. Public Lending Right For general information on copyright laws see: another work, and a sufficient acknowledgment Public Lending Right (PLR) is based on the concept For more information on recommended copyright of the work is made62 • Australian Copyright Council wording for publications, see the Style Manual for that creators and publishers may incur a loss of www.copyright.org.au • the purpose of, or associated with the reporting Authors, Editors and Printers.60 income when copies of their books are freely •Arts Law Centre of Australia of news in a newspaper or magazine and a available in public libraries, and are borrowed www.artslaw.com.au Moral rights notice sufficient acknowledgment of the work is made; by the general public who might otherwise or for the purpose of, or associated with the •Viscopy If your work is to be distributed in New Zealand and purchase the book. reporting of news by means of broadcasting or www.viscopy.com.au Britain, it is also a good idea to include a notice Australian authors and publishers are eligible in a cinematograph film63 asserting your moral rights. for payments under the scheme provided they • judicial proceedings of a report of judicial The creator(s) assert their moral rights. meet eligibility criteria and satisfy specific proceedings, or for the purpose of the giving of requirements. Claims are made to the 64 professional advice by a legal practitioner. Department of Communications, Information When is copyright Technology and the Arts. For information on Crown use of literary work infringed? guidelines visit the website www.dcita.gov.au The Crown may use a copyright work without It is free for authors to register, however you must It is an infringement of copyright to copy or deal permission of the copyright owner where the use be registered to receive any payments. with a copyright work without the consent of the made is ‘for the services of the Crown’. The author copyright owner. is still entitled to payment for use and the government A person will infringe copyright in a literary work if must contact him or her as soon as possible to he or she publishes, adapts, reproduces the work in negotiate this.

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Copyright collecting agencies Most copyright owners lack the time and necessary Screenrights APRA – Performing rights Viscopy bargaining power to manage and exploit their Screenrights is a copyright collecting for composers Viscopy is the copyright collecting copyright works. For management and society for screenwriters, producers, The Australasian Performing Rights society for visual artists in Australia and administration of copyright, there are several distributors, music copyright owners, Association (APRA) administers the New Zealand. Established in 1995, collecting societies that have been established within copyright owners in artistic works and performing rights in the music of Viscopy is the main point of contact for Australia. These collecting societies administer the sound recordings, and other rights composers, songwriters and publishers those wishing to clear copyright for the rights of members for a fee or share of the royalties. holders in film and television. in Australia and New Zealand. These reproduction of artistic works. Some of them such as CAL and Screenrights have a Screenrights manages rights on behalf are the rights of performance in public Viscopy has about 2 000 Australian legislative basis for collecting royalties. Others are of copyright owners in film and and communication to the public. artist members, half of which are voluntary organisations which artists are required to television, licensing the use of their The rights of performance in public Indigenous artists and their estates. join. CAL, Screenrights and APRA are the most work in circumstances where it is occur mostly when music is played on Viscopy negotiates copyright-related relevant collecting societies for authors. difficult or impossible to do so on an radio, television, in music venues and transactions between the artist and the individual basis. other venues that play music (including user for reproductions of artistic work in Screenrights also administers the incidental music), and businesses advertising, publications, newspapers CAL – Copyright Agency Limited educational copying license. This allows (including online businesses) which and electronic media such as television, educational institutions to copy from use music. cinema, Internet and CD-ROM. The Copyright Agency Limited (CAL) is radio and television, provided they The right of communication to the an Australian statutory collecting Viscopy handles associated contracts, pay a fee to copyright owners. public includes any method of agency whose role is to provide a negotiations, legal requirements and Screenrights monitors copying, collects communicating music to the public the distribution of royalties. bridge between creators and users of money and distributes this income to copyright material. including television, radio, Internet, There is no membership fee to join the copyright owners. cable services and other media. CAL collects and distributes fees on Viscopy. However, an administrative In addition, Screenrights collects behalf of authors, journalists, visual APRA also manages the reproduction charge applies to clearances. Payments royalties being held by other societies artists, photographers and publishers, rights’ licensing business of the are then made to artists half-yearly. administering rights in their territories. operating as a non-exclusive agent to Australasian Mechanical Copyright For more information on Viscopy visit All money collected is distributed to the license the copying of works to the Owners Society (AMCOS). their website www.viscopy.com.au copyright owners after deduction of general community. For more information about APRA visit administrative overheads. CAL administers licences for the copying its website www.apra.com.au For more information on Screenrights of print material by educational visit their website www.screen.org institutions, government agencies, corporations, associations, places of Screenrights has also established worship and other organisations. a website for educators at Authors must register to receive www.enhancetv.com.au payment directly from CAL. If not Enhancetv lets teachers know about registered, payment may go to the upcoming programs relevant to their publisher who is then responsible for curriculum and provides teaching passing on the author’s share under resources for using television and radio terms of the publishing contract. in educational contexts. For more information on CAL visit their website www.copyright.com.au

26 -WRITING CULTURES COPYRIGHT-27 • The cultural contribution of Indigenous people Creation stories to literature should be valued, acknowledged •Speak to elders and other people in and remunerated. authority about using creation stories. It is • Local community protocols and protocols not acceptable to source material from other associated with a specific work should always books without considering the rights of be respected and observed. Indigenous people. • Indigenous world views and customary laws • Seek permission prior to writing or re-telling should be respected in contemporary artistic Indigenous creation stories. and cultural life. • If a writer is not Indigenous, he or she should consider whether they should be reinterpreting follow up Publishing stories and ideas creation stories – or whether an appropriate • The effects of a published Indigenous story Indigenous person can be identified to tell and ... – whether sacred, closed or general – should record the story. be discussed prior to publication. • Identify appropriate information and authority • Secrecy and confidentiality Once publicly released, it is difficult to chart bodies to discuss ideas for literary works – for • Attribution how a story might be embraced, adopted and example, language centres or Indigenous ingrained within dominant and other cultures. •Proper returns publishing houses if the idea involves adaptation Applying the protocols or translation of a creation story. • Continuing cultures Indigenous control • Recognition and protection. Protocols are about people’s value systems Recording oral stories Indigenous people have the right to control the use and their cultural beliefs.66 • Consult with relevant Indigenous people, family and expression of their cultural heritage. Respect members, Indigenous organisations and other The protocols in this guide are flexible. You can use • Discuss use of Indigenous cultural heritage individuals relevant to the project. them to develop protocols for your writing project, People working in Indigenous literature are material with Indigenous people in authority. program or practice, and Indigenous language • Make draft copies available before publication encouraged to respect that: • Involve Indigenous people in all stages of group, region, clan or community. and allow relevant Indigenous people and • Indigenous Australians, the Aboriginal and writing projects, including Indigenous writers, family members to comment on drafts. It is important to read all the preceding sections of Torres Strait Islander people, are the original community members, storytellers and editors. • Be aware that the inclusion of personal material Writing Cultures before applying the protocols. inhabitants of Australia. Follow up can then be the main point of reference may be sensitive. • It is important to seek consent from and when returning to the guide at a later date, or in the Communication, • Consider who should own copyright in the acknowledge the Indigenous country and planning stage of an Indigenous writing project. published story. custodians at the site of each spoken word consultation and consent Follow up provides a checklist of key points to performance, launch or literary event, and in the • Consult with Indigenous people on the use and • Clear publication rights with relevant people. consider when developing protocols for a literature acknowledgment of a published text about a representation of their Indigenous heritage. project, or in your own writing practice. It offers Writing life stories specific Indigenous country. • Prior to use, inform Indigenous people about the different and more specific information than the • If you are writing about living people, it is • Indigenous people have the right to own and implications of consent. preceding sections. We therefore suggest you use control their heritage – including Indigenous important to get their consent and work closely the points outlined here together with the Principles • Consultation should address the communal body painting, stories, songs, dances, images, with them. Talk about copyright and intellectual and Protocols, and Copyright sections. nature of Indigenous cultural expression. traditional knowledge and other forms of property issues. The following principles are a framework for cultural expression. • Has sufficient time been allowed for If it is primarily their story (for example, respecting Indigenous heritage: consultation? Each community will need • Indigenous cultures are living cultures. if transcribed from tapes), then the life story • Respect a reasonable period of time to consider subject should own copyright. • The diversity of Indigenous culture should be and consult within their communities. Do not • Indigenous control If it is a collaboration (for example, where acknowledged. Culture varies from country to expect to have a reply to a question in a day the writer has brought his or her skill to the • Communication, consultation and consent country and from clan to clan. or a week. work), then there may be some scope for • Interpretation, integrity and authenticity • Indigenous people have the right to be sharing copyright. represented by Indigenous people of their choice.

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• If writing about a deceased person, speak to • Have you used appropriate terminology? • The publishing contract should be explained to • Some people question whether it is appropriate the family or clan representatives to seek their • The cover and illustrations of the book should be Indigenous writers and, if necessary, a translator at all to publish sensitive material in a form permission and consult on issues of representation. checked by the author to ensure they are should be used to explain the major issues of which can be disseminated widely. • If adapting oral stories and using true accounts authentic and not culturally offensive to other the contract. Personal privacy for novels, consent should be sought from the Indigenous groups. • Special attention should be paid to clearing any person who is telling the story, elders and/or suggestions or changes made through the • The personal privacy of Indigenous people other persons in authority. Editing editorial process. should be respected. • Ensure that all collected materials such as • Indigenous individuals and communities should • When selecting illustrations for the cover, consult • Personal and confidential information must not photographs, recordings, copies of stories, have the final approval on how the written form with the Indigenous author, artist and other be disclosed without permission from all CD-ROMs, books, radio interviews and of their cultural material is presented. Reasonable Indigenous people to check the cultural Indigenous people affected by the disclosure. newspaper clippings are returned to the original time should be given for checking drafts. appropriateness of the image. • It is the responsibility of those putting together informant and/or family and community. • Once approval is given, any future editing Where possible, an Indigenous artist should be writing projects to discuss any restrictions on use should be checked again with the relevant commissioned, or the work of an Indigenous of the information with relevant Indigenous Interpretation, integrity Indigenous people. artist licensed for a fee – no less than the rate people and groups. and authenticity • The use of Indigenous people as writers and charged by Viscopy. editors of manuscripts, books and reports about Attribution • Consult with Indigenous people about the integrity Indigenous cultural material is encouraged. Secrecy and confidentiality and authenticity of their Indigenous heritage. • Indigenous people should be given proper • Indigenous individuals and communities should Publishing • The right of Indigenous people to keep secret credit or appropriate acknowledgment for their have control over how their cultural material • Publishers should not assume that traditional and sacred their cultural knowledge should role in the development and use of Indigenous is presented. Indigenous stories are free to be exploited. be respected. cultural material. • Make sure the writing is based on sound It is necessary to consult with relevant Indigenous • Indigenous people have the right to maintain • Indigenous people should be attributed for the research and that facts are credible. people for permission. If agreed, publishers confidentiality about aspects of their personal use of their cultural heritage material in stories. and collecting societies should negotiate with and cultural affairs. • Ensure that proper attribution is given to the Interpretation Indigenous people on appropriate royalties Representation of deceased people writer and the source community, or other • Consider reasons for writing or commissioning for use. relevant Indigenous people. a work. Reflect on whose perspectives of • Publishers should make relevant inquiries to • In many Indigenous communities, the reproduction Aboriginality are being represented in ensure a writer who is promoted and of deceased people’s names and images in Proper returns any methodology. marketed as ‘Indigenous’ is an Indigenous books is offensive to Indigenous beliefs. • Be responsible for your representation of Australian person. The Aboriginal and Torres • Consult with the deceased’s family or community • Indigenous people have the right to receive ’ Indigenous cultures. Consider the following: Strait Islander Commission s test for Aboriginality so that the appropriate protocols are observed. proper returns for their contribution and the is recommended. use of their cultural material, including copyright - How will your writing affect the Indigenous Secret and sacred material and royalties. group it is based on? •Written contracts conforming to the ASA Minimum Standards are encouraged. • Secret and sacred material refers to information • Have fees or other benefits been negotiated - Does it empower Indigenous people? that is restricted under customary laws. • Indigenous writers should be given the with the informers, storytellers, writers and any - Does it expose confidential, personal and/or opportunity to consider contracts and obtain • The publication of secret and sacred material relevant traditional custodians? sensitive material? proper legal advice. may be a transgression of Indigenous law. - Does it reinforce negative stereotypes?

30 -WRITING CULTURES FOLLOW UP-31 ...

• The issue of copyright ownership of the Copyright •Writers and publishers are encouraged to use material form of cultural expression should be written agreements. discussed up-front. • The author is generally the copyright owner of a •A person will infringe copyright in a literary • Indigenous people have the right to control the literary work. Exceptions include an author who work if he or she does any of the following commercial exploitation of their cultural material. is an employee under a contract of service. without permission from the copyright owner: • Indigenous people have the right to share in the • The work must be original and must be reduced - publishes the work to material form. benefits from any commercialisation of their - reproduces the work in material form cultural material. •To be original, for the purpose of copyright - adapts the work • Check whether benefits other than royalties are protection, the author must have applied - communicates the work to the public. sought by or due to Indigenous people. sufficient skill, labour and judgment to create the work. Statutory exceptions include the purposes of • Have you registered the work with the Copyright criticism or review, and incidental filming. Agency Ltd (CAL), Public Lending Right (PLR) and • Authors do not need to register for Educational Lending Right (ELR)? copyright protection. • Under the educational statutory licensing • The copyright owner of a literary work has the schemes, authors may be entitled to royalties exclusive right to: for use of their works. CAL and Screenrights Continuing cultures (the Audio Visual Copyright Society) collect (i) reproduce the work in a material form • Consultation is a continuous process. and distribute royalties to author and (ii) publish the work screenwriter members. • Indigenous cultures are dynamic and evolving, (iii) perform the work in public and the protocols within each group and community will also change. (iv) communicate the work to the public • Have cultural protocols been considered and (v) make an adaptation of the work included in any future licence agreements for (vi) do any of the above in relation to an use of the work? adapted literary work. • Indigenous people have a responsibility to • Copyright lasts for 50 years after the death of ensure that the practice and transmission of the artist. Indigenous cultural expression is continued for • Ideas and themes are generally not protected. the benefit of future generations. It is the expression that is protected. • The Indigenous author who incorporates Recognition and protection traditional ritual knowledge in his or her work • Indigenous people have the right to protection of has a special obligation to the clan when their Indigenous heritage. exercising copyright in the work. • The Indigenous author should own copyright in • The author has moral rights to his or her his or her literary work, giving him or her control literary work. This includes the right of integrity of reproduction and dissemination of the work. and attribution. • When reproducing and publishing literary works, it is necessary to get copyright clearance from the author.

32 -WRITING CULTURES FOLLOW UP-33 24 Jackie Huggins, ‘Respect v Political Correctness’, Australian 43 14 ALR 71, 1997. Author, Spring 1994, vol. 26, no. 3, page 12. 44 Lynne Spender, ‘Aboriginal and Torres Strait Islander Writing’, 25 Pat Mamanyjun Torres, ‘Interested in writing about Indigenous Australian Author, vol. 26, no. 3, Spring 1994, page 10. Australians?’, Australian Author, Spring 1994, vol. 26, no. 3, 45 ‘ page 24. Susan Wyndham, The Mystery of Marlo Morgan Down Under’, The Australian Magazine, 29-30 October 1994, 26 This is what happened in the case of Foster v Mountford where pages 26–28. Pitjantjatjara men took action against the publication of a book 46 containing sacred men’s material. Robert Eggington, Message Stick: A Report of Mutant Message Down Under, Dumbartung Aboriginal Corporation, Bounuh 27 Colin Golvan, Bruce Sims and Jill Walsh, A Basic Guide to Wongee, 1995. Copyright, Magabala Books, 1997, page 16. 47 NSW Ministry for the Arts, Guidelines 2001–2002, Sydney, 28 Pat Mamanyjun Torres, ‘About the Word Dreamtime: 2000, pages 103–104. references ’ ’ An Aboriginal Woman s Perspective – Pat Mamanyjun Torres , 48 Dreaming On-Line, January 2000. Anita Heiss, Australian Copyright vs. Indigenous Intellectual and Cultural Property Rights, discussion paper, Australian Society of ... 29 Jackie Huggins, ‘Respect v Political Correctness’, Australian Authors, Sydney, viewed 9 April 2002, www.asauthor.org Author, Spring 1994, vol. 26, no. 3, page 12. 49 Commonwealth Government of Australia, Copyright Act 1968, 12 Erica Irene Daes, Final Report on the Protection of the Heritage 30 Anita Heiss, Writing About Indigenous Australia, discussion Sections 31(1)(a)(i) and (b)(i). of Indigenous Peoples, United Nations Document paper, Australian Society of Authors, Sydney, viewed 50 E/CN.4/Sub.2/1995/26. The full text, as adopted and 9 April 2002, www.asauthors.org Indigenous works are not easily divided into categories of elaborated on by ATSIC’s Indigenous Reference Group, is cited contemporary or traditional, despite common perceptions. 31 1 Anita Heiss, ‘Appropriating Our Black Voice’, Network News, in Terri Janke, Our Culture: Our Future, pages 273–277. See Style Manual for Authors, Editors and Printers, 6th edn, In Writing Cultures, ‘traditional’ refers to works that have drawn Queensland Community Arts Network, no.1,1998, pages 30–33. also Erica Irene Daes, Study of the Protection of the Cultural and Commonwealth of Australia, Canberra, 2002, page 413. from a pre-existing cultural base. Intellectual Property of Indigenous Peoples, United Nations 32 2 Anita Heiss, ‘Appropriating Our Black Voice’, Network News, 51 Terri Janke, Our Culture: Our Future – Report on Australian Economic and Social Council, Geneva, 1993. Section 31, Copyright Act 1968 (Cth). Indigenous Cultural and Intellectual Property Rights, Queensland Community Arts Network, March 1998, page 31. 52 13 Section 10, Copyright Act 1968 (Cth). Michael Frankel and Company, written and published under http://www.wipo.int/globalissues 33 Sally Morgan, email to Terri Janke & Company, August 2001. commission by the Australian Institute of Aboriginal and Torres 53 14 http://www.wipo.int/globalissues Section 35, Copyright Act 1968 (Cth). Strait Islander Studies and the Aboriginal and Torres Strait 34 Mary-Ann Hughes, ‘An Issue of Authenticity: Editing Texts 54 Islander Commission, Sydney, 1999. 15 Section 6, Model Law for the Protection of Traditional by Aboriginal Writers’, Southerly, no. 58, Winter 1998, Bulun Bulun & M* v R & T Textiles Pty Ltd (1998), 41 Intellectual Knowledge and Expressions of Culture, South Pacific pages 48–58. Property Reports 513. The M* refers to a deceased person and 3 Bruce Pascoe, Write No Appeasement: Kaltja Now – Community, Noumea, 2002. that is how the cultural protocol advises speaking of him. Indigenous Arts Australia, Wakefield Press in association with 35 Sally Morgan, email to Terri Janke & Company, August 2001. 55 the Tandanya National Aboriginal Cultural Institute, 2001, 16 Doreen Mellor, Valuing Art, Respecting Culture: Protocols Commonwealth Government of Australia, Copyright Act, 1968, 36 Jane Arms, Australia Council paper referenced in Anita Heiss, page 146. for Working with the Australian Indigenous Visual Arts and Section 33. ‘Editing Aboriginal Writing’ (Chapter 3), ‘Dhuuluu-Yala (talk Craft Sector, with legal section by Terri Janke, published 56 4 Glenys Ward, Wandering Girl, Magabala Books, Broome, 1998. straight): Publishing Aboriginal Writing in Australia’, PhD thesis, Commonwealth Government of Australia, Copyright Act 1968 by the National Association for the Visual Arts, Sydney, 2001, University of Western Sydney, Nepean, 2001. (Cth), Section 194(1). 5 Kim Scott, Benang: From the Heart, Fremantle Arts Centre Press, page 13. Fremantle, 1998. 37 Howard Pedersen with Banjo Woorunmurra, Jandamarra and 57 Commonwealth Government of Australia, Copyright Act 1968 17 National Directory of Aboriginal and Torres Strait Islander the Bunuba Resistance, Broome, 1995. (Cth), Section 194AA. 6 Kim Scott, email to Terri Janke & Company, 27 June 2001. Organisations, Directories Australia, Sydney, 2001. Available through Crown Content, (03) 9329 9800 or 38 Willa McDonald, ‘Tricky Business, Whites on Black Territory’, 58 Commonwealth Government of Australia, Copyright Act 1968 7 Terri Janke, Our Culture: Our Future. www.crowncontent.com Australian Author, vol. 29, no. 1, Autumn 1997, page 14. (Cth),Sections 195AJ, 195 AK and 195 AL., ACT, 2000.

8 Terri Janke, Our Culture: Our Future. 18 Registered under the Aboriginal Councils and Associations Act 39 Sandra Phillips, telephone conversation with Terri Janke, 59 Colin Golvan, Bruce Sims and Jill Walsh, A Basic Guide to 1976 (Cth) or other relevant legislation. Copyright, Magabala Books, 1997, page 16. 9 Terri Janke, Our Culture: Our Future. September 2001. 19 Bruce Pascoe, email to Terri Janke & Company, 15 June 2001. 40 ‘ ’ 60 Style Manual for Authors, Editors and Printers, 6th edn, 10 Report of the Sub-Commission on Prevention of Discrimination Sam Cook is referenced in Sandra Phillips, A Child s Dreaming – Looking at Illustrated Indigenous Stories for Children’, Commonwealth of Australia, Canberra, 2002, page 413. and Protection of Minorities, 46th session, Draft Declaration on 20 Kim Scott, email to Terri Janke & Company, 27 June 2001. Kaltja Now – Indigenous Arts Australia, Wakefield Press in the Rights of Indigenous Peoples, United Nations Documents, 61 Section 40, Copyright Act 1968 (Cth). 21 association with the National Aboriginal Cultural Institute – E/CN.4/1995/2 and E/CN.4/Sub 2/1994/56. Jackie Huggins, ‘Respect v Political Correctness’, Australian Author, Spring 1994, vol. 26, no. 3, page 12. Tandanya, 2001, page 149. 62 Section 41, Copyright Act 1968 (Cth). 11 The Mataatua Declaration was developed at the First International 41 22 Josie Douglas, ‘Talkin’ Straight’, Message Stick event at the 63 Conference on the Cultural and Intellectual Property Rights of Pat Mamanyjun Torres, email to Terri Janke & Company, Section 42, Copyright Act 1968 (Cth). Sydney Opera House, 27 May 2001. Indigenous Peoples, 12–18 June 1993, at Whakatane, 27 September 2001. 64 Section 43, Copyright Act 1968 (Cth). Aotearoa, New Zealand. A full text of the Declaration is cited in 42 23 Anita Heiss, ‘Writing About Indigenous Australia: Some Issues to Tex and Nelly Camfoo, ed. Gillian Cowlishaw, Love Against the Terri Janke, Our Culture: Our Future, pages 306–310. 65 Section 49, Copyright Act 1968 (Cth). Consider and Protocols to Follow: A Discussion Paper ’, Law: The Autobiographies of Tex and Nelly Camfoo, Aboriginal Studies Press, 2000. Australian Society of Authors, published online at 66 Doreen Mellor, telephone consultation, 31 May 2002. www.asauthors.org

34 -WRITING CULTURES REFERENCES-35 Mary Ann Hughes, ‘An Issue of Authenticity: Editing Texts by Aboriginal Writers’, Southerly, vol. 58, no. 2, Winter 1998, pages 48–58.

Nadia Wheatley, ‘Black and White Writing: The Issues’, Australian Author, vol. 26, no. 3, Spring 1994, pages 20–23.

Patricia Mamanyjun Torres, email to Terri Janke & bibliography Company, 27 September 2001.

... Patricia Mamanyjun Torres, ‘Interested in Writing about Indigenous Australians?’ Australian Author, Dr Anita Heiss, ‘Who’s been writing Blak?’, vol. 26, no. 3, Spring 1994, pages 24–25. Kaltja Now – Indigenous Arts Australia, Wakefield Press in association with the National Sally Morgan, Centre for Indigenous History Bruce Pascoe, email to Terri Janke & Company, Aboriginal Cultural Institute – Tandanya, Adelaide, and the Arts, email to Terri Janke & Company, 15 June 2001. 2001, pages 138–144. 15 August 2001.

Bruce Pascoe, ‘Write No Appeasement ’, Gail Cork, email to Terri Janke & Company, Sandra Phillips, ‘A Child’s Dreaming’ – Looking at Kaltja Now – Indigenous Arts Australia, 26 September 2001. Illustrated Indigenous Stories for Children’, Kaltja Wakefield Press in association with the National Now – Indigenous Arts Australia, Wakefield Press Aboriginal Cultural Institute – Tandanya, Adelaide, Howard Pedersen with Banjo Woorunmurra, in association with the National Aboriginal Cultural 2001, pages 144–146. Jandamarra and the Bunuba Resistance, Institute – Tandanya, 2001, pages 147–152. Magabala Books, Broome, 1995. Colin Golvan, Bruce Sims and Jill Walsh, Style Manual for Authors, Editors and Printers, A Basic Guide to Copyright, Magabala Books, Jackie Huggins, ‘Respect v Political Correctness’, 6th edn, Department of Finance and Administration, Broome, 1997. Australian Author, vol. 26, no. 3, Spring 1994, Commonwealth of Australia, Canberra, 2002. pages 12–14. Dr Anita Heiss, ‘Appropriating Our Black Voice’, Terri Janke, Our Culture: Our Future – Report on Network News, Queensland Community Arts Kim Scott, email to Terri Janke & Company, Australian Indigenous Cultural and Intellectual Network, March 1998, pages 30–33. 27 June 2001. Property Rights, Michael Frankel & Company, written and published under commission by the Australian Institute of Aboriginal and Torres Strait Dr Anita Heiss, – ‘Editing Aboriginal Writing’, Lester Bostock, The Greater Perspective: Protocol Islander Studies and the Aboriginal and Torres Strait Dhulluu-Yala (talk straight): Publishing and Guidelines for the Production of Film and Islander Commission, Sydney, 1999. Aboriginal Writing in Australia, PhD thesis, Television on Aboriginal and Torres Strait Islander University of Western Sydney, 2001. Communities, Special Broadcasting Services, 2nd edn,1997. Willa McDonald, ‘Tricky Business, Whites on Black Territory’, Australian Author, vol. 29, no.1, Doreen Mellor, Valuing Art, Respecting Culture: Autumn 1997, pages 11–14. Protocols for Working with the Australian Lynne Spender, ‘Aboriginal and Torres Strait Islander Indigenous Visual Arts and Craft Sector, Writing’, Australian Author, vol. 26, no. 3, published by the National Association for the Visual Spring 1994, page 10. Arts, Sydney, 2001.

36 -WRITING CULTURES BIBLIOGRAPHY-37 Department of Copyright collecting Magabala Books Communications, Information societies PO Box 668 Technology and the Arts Broome WA 6725 Australasian Performing GPO Box 2154 Tel: (08) 9192 1991 Right Association - APRA Canberra ACT 2601 Fax: (08) 9193 5254 Tel: (02) 6271 1000 Locked Bag 3665 Email: [email protected] Fax: (02) 6271 1901 St Leonards NSW 2065 Web: www.magabala.com Email: [email protected] Tel: (02) 9935 7900 Web: www.dcita.gov.au Fax: (02) 9935 7999 Aboriginal Studies Email: [email protected] Press AIATSIS contacts NSW Ministry for the Arts Web: www.apra.com.au GPO Box 553 PO Box A226 Canberra ACT 2601 Copyright Agency Sydney South NSW 1235 Tel: (02) 6246 1111 ... Limited – CAL Tel: (02) 9228 5533 Fax: (02) 6261 4282 Toll Free (NSW): 1800 358 594 Level 19, 157 Liverpool Street Email: [email protected] Arts Queensland Arts Tasmania Fax: (02) 9228 4869 Sydney NSW 2000 Web: www.aiatsis.gov.au GPO Box 1436 GPO Box 646 Email: [email protected] Tel: (02) 9394 7600 Brisbane QLD 4001 Hobart TAS 7001 Web: www.arts.nsw.gov.au Fax: (02) 9394 7601 Indigenous Arts policy and funding Tel: (07) 3224 4896 Tel: (03) 6233 7308 Email: [email protected] organisations Toll Free (Qld): 1800 175 531 Fax: (03) 6233 8424 Copyright and legal Web: www.copyright.com.au Aboriginal and Torres Fax: (07) 3224 4077 Email: [email protected] Aboriginal and Torres Strait Arts Law Centre of Australia Screenrights Islander Commission – ATSIC Strait Islander Arts Board, Toll Free (Qld): 1800 175 532 Web: www.arts.tas.gov.au Australia Council Email: [email protected] The Gunnery PO Box 1248 PO Box 17 Arts Victoria PO Box 788 Web: www.arts.qld.gov.au 43–51 Cowper Wharf Road Neutral Bay NSW 2089 Woden ACT 2606 Strawberry Hills NSW 2012 Private Bag No. 1 Woolloomooloo NSW 2011 Tel: (02) 9904 0133 Tel: (02) 6121 4000 Arts Queensland Tel: (02) 9215 9065 South Melbourne VIC 3205 Tel: (02) 9356 2566 Fax: (02) 9904 0498 Toll Free: 1800 079 098 – Aboriginal and Torres Fax: (02) 9215 9061 Tel: (03) 9954 5000 Toll Free: 1800 221 457 Email: [email protected] Fax: (02) 6281 0722 Strait Islander Unit Toll Free: 1800 226 912 Toll Free (Vic): 1800 134 894 Fax: (02) 9358 6475 Web: www.screen.org Web: www.atsic.gov.au Email: [email protected] PO Box 5300 Fax: (03) 9686 6186 Email: [email protected] Cairns Mail Centre QLD 4870 Email: [email protected] Web: www.artslaw.com.au Viscopy Australian Institute for Web: www.ozco.gov.au Aboriginal and Torres Strait Tel: (07) 4048 1411 Web: www.arts.vic.gov.au Level 1, 72–80 Cooper Street Islander Studies – AIATSIS Arts NT Fax: (07) 4048 1410 Australian Copyright Council Surry Hills NSW 2010 Arts WA GPO Box 553 GPO Box 1774 Email: [email protected] PO Box 1986 Tel: ((02) 9280 2844 Canberra ACT 2601 Darwin NT 0801 Web: www.arts.qld.gov.au PO Box 8349 Strawberry Hills NSW 2012 Fax: (02) 9280 2855 Tel: (02) 6246 1111 Tel: (08) 8924 4400 Perth Business Centre WA 6849 Redfern NSW 2016 Email: [email protected] Arts SA Fax: (02) 6261 4286 Fax: (08) 8924 4409 Tel: (08) 9224 7310 Tel: (02) 9318 1788 Web: www.viscopy.com Email: [email protected] Email: [email protected] GPO Box 2308 Toll Free (WA): 1800 199 090 Fax: (02) 9698 3536 Indigenous publishers Web: www.aiatsis.gov.au Web: www.nt.gov.au/cdsa/dam Adelaide SA 5001 Fax: (08) 9224 7311 Email: [email protected] Tel: (08) 8463 5444 Email: [email protected] Web: www.copyright.org.au Institute of Aboriginal Gadigal Information Service Fax: (08) 8463 5420 Web: http://hosted.at.imago. Development Press Email: [email protected] Indigenous Cultural and PO Box 966 com.au/artswa/ – IAD Press Web: www.arts.sa.gov.au Intellectual Property website Strawberry Hills NSW 2012 Web: www.icip.lawnet.com.au PO Box 2531 Tel: (02) 9564 5090 Alice Springs NT 0871 Fax: (02) 9564 5450 Tel: (08) 8951 1311 Email: [email protected] Fax: (08) 8953 1884 Web: www.gadigal.org.au Email: [email protected]

38 -WRITING CULTURES CONTACTS-39 Goolarri Media Enterprises PO Box 2708 Broome WA 6725 Tel: (08) 9192 1325 Fax: (08) 9193 6407 Email: [email protected] Web: www.goolarri.com.au

Island Coordinating Council PO Box 501 Thursday Island QLD 4875 acknowledgments Tel: (07) 4069 1446 Fax: (07) 4069 1868 ... Torres Strait Islander Media Association • Sandra Phillips – Editor PO Box 385 • Kim Scott – Author Thursday Island QLD 4875 • Gail Cork – Manager, Literature Board, Tel: (07) 4069 1524 Terri Janke & Company would like to acknowledge Australia Council Fax: (07) 4069 1886 the role of Dr Anita Heiss in developing this guide. • Jose Borghino – Australian Society of Authors Email: [email protected] Dr Anita Heiss undertook the task of peer reviewing this document and provided her thesis for our • Copyright Agency Limited Torres Strait Regional Authority reading. We are also grateful to the Australian • Director and staff of Aboriginal and Torres PO Box 261 Society of Authors whose Indigenous Protocols were Strait Islander Arts, Australia Council Thursday Island QLD 4875 sourced for the writing of this guide. The Aboriginal and Torres Strait Islander Arts Tel: (07) 4069 0700 We thank Helena Zilko whose contribution as editor Board thanks the Literature Board of the Australia Fax: (07) 4069 1879 assisted in bringing the five protocol guides into a Council for contributing towards the publishing of Email: [email protected] complementary set. Writing Cultures. Web: www.tsra.gov.au We also acknowledge the contribution of the Literary organisations following people who provided comments on early drafts. Their feedback was invaluable in the Australian Society of Authors development of Writing Cultures. PO Box 1566 • Melissa Lucashenko – Author Redfern NSW 2012 • Penelope Lee – Aboriginal Studies Press Tel: (02) 9318 0877 • Josie Douglas – IAD Press Fax: (02) 9318 0530 Email: [email protected] • Sally Morgan – Centre for Indigenous Web: www.asauthors.org History and the Arts • Magabala Books •Bruce Pascoe – Author • Pat Mamanyjun Torres – Author • Bain Stewart and Leah Purcell

40 -WRITING CULTURES ACKNOWLEDGMENTS-41 42 -WRITING CULTURES