2ND EDITION
Protocols for producing Indigenous Australian media arts Media arts Australia Council for the Arts 372 Elizabeth Street, Surry Hills NSW 2010 PO Box 788, Strawberry Hills NSW 2012 ABN 38 392 626 187
Telephone +61 2 9215 9000 Toll-free 1800 226 912 Facsimile +61 2 9215 9111 Email [email protected] www.australiacouncil.gov.au Media arts 01 Contents
Australia Council for the Arts Introduction 2 Reproducing works 26 372 Elizabeth Street, Surry Hills NSW 2010 Accessing archival audio-visual material 26 Using this guide 3 PO Box 788, Strawberry Hills NSW 2012 Licensing the use of works 26 What are protocols? 3 ABN 38 392 626 187 Assigning copyright versus licensing 26 What is media art? 4 Telephone +61 2 9215 9000 What are Indigenous communal The special nature of Indigenous media art 5 Toll-free 1800 226 912 Facsimile +61 2 9215 9111 moral rights? 27 Indigenous heritage 7 Email [email protected] Managing copyright to protect Current protection of heritage 8 www.australiacouncil.gov.au your interests 28 This publication is available online Copyright notice 28 at www.australiacouncil.gov.au Principles and protocols Moral rights notice 29 © Australia Council 2007 Respect 10 When is copyright infringed? 29 First published 2002, edited and revised 2007. This work Acknowledgement of country 10 Fair dealing provisions 29 is copyright. Apart from any use as permitted under the Accepting diversity 11 Crown use of artworks 30 Copyright Act 1968, no part may be reproduced by Representation 11 any process without prior written permission from the Library copying 30 Australia Council for the Arts. Requests and inquiries Living cultures 11 Educational copying 30 concerning reproduction and rights should be addressed Indigenous control 11 Further copyright information 30 to the Director Marketing and Communication, Australia Engaging Indigenous contributors 12 Proper returns and royalties 31 Council for the Arts, PO Box 788, Strawberry Hills NSW Communication, consultation and consent 13 2012 Australia or to [email protected]. Copyright collecting societies 32 Collaborating with other artists 14 Continuing cultures 33 ISBN 978-1-920784-36-2 Commissioning Indigenous artists 14 Recognition and protection 33 Design Bright Red Oranges Interpretation, integrity and authenticity 14 Print e2e managment pty ltd Cover Christian Bumbarra Thompson, Emotional CD-ROM and database works 15 Implementation Striptease 2003. Image courtesy of the artist Adapting materials 15 1. Respect 34 and Gallery Gabrielle Pizzi. Adaptation of works 16 2. Indigenous control 34 Indigenous design element: Traditional motifs 16 joorroo, Darrell Sibosado 2002 3. Communication, consultation Photographs 16 and consent 35 Indigenous imagery 17 4. Interpretation, integrity and authenticity 36 Indigenous songs 18 5. Secrecy and confidentiality 36 Film footage 18 6. Attribution and copyright 36 Internet publishing 20 Attribution 37 Secrecy and confidentiality 21 Copyright 37 Representation of deceased people 21 The Australia Council respects Indigenous 7. Proper returns and royalties 37 Secret and sacred material 22 communities and culture. Readers should be 8. Continuing cultures 38 aware that this protocol guide may contain Personal privacy 22 9. Recognition and protection 38 references to members of the Indigenous Attribution and copyright 22 References 39 community who have passed away. What is copyright? 22 Bibliography 43 Requirements of copyright 23 Contacts 44 Copyright exceptions 23 Important Notice Acknowledgements 48 The information included in this guide is How long does copyright last? 23 current as at September 2007. This document What rights do copyright owners have? 23 was first published under the title ‘New Reproduction right 24 Media Cultures’ in 2002. This guide provides general advice only. It is not intended to be Collaborative works 24 legal advice. If you have a particular legal Communal ownership versus issue, we recommend that you seek joint ownership 25 independent legal advice from a suitably What are moral rights? 25 qualified legal practitioner. Media art protection 25 Media arts 02 Media arts 03 Introduction Introduction
Introduction • Indigenous and non-Indigenous artists Although each guide in the suite addresses The principles and protocols section examines • people working within related fields cultural protocols specific to an artform, the the nine principles that support the protection of Australia’s unique Indigenous artistic and of Indigenous artform practice same underlying principles are common to each. Indigenous cultural heritage. It includes valuable cultural expression is rooted in thousands of • Australian and state/territory We hope Indigenous people, and those working information on protocols specific to the use of years of heritage and continuing practice. government agencies with them, will be inspired and encouraged to cultural heritage material in media arts practice. When the Musée du Quai Branly opened in Paris • industry agencies and peak organisations use the principles as a framework for developing A number of case studies and commentaries in 2006, visitors were spellbound by the immense protocols appropriate to their specific projects, from Indigenous media artists identify pitfalls • galleries, museums and arts centres power of the vast collection of Australian language groups, regions and communities. and offer readers valuable advice. • educational and training institutions Indigenous artworks, including special landmark We also hope the guides will spark debate The guide also contains general information and • Indigenous and targeted mainstream media. commissions on the ceilings and façade and that additional protocols will be developed advice on the main laws in Australia governing by eight of Australia’s best known Indigenous The protocol guides endorse Indigenous cultural across artforms. the use and reproduction of arts and cultural contemporary artists. In May 2007, Emily and intellectual property rights – the rights Send any comments about this guide or any expression. For this second edition, we have Kngwarreye’s Earth’s Creation was sold at auction of Indigenous people to own and control their suggestions for improvement to the Australia integrated copyright, licensing and royalty for more than $1 million, the highest price ever cultural heritage. These rights are confirmed Council for the Arts: information into the principles and protocols for a painting by a female artist in Australia. in the 2006 United Nations Declaration of the section. So one section deals with attribution Rights of Indigenous Peoples1, which says Executive Director While works by individual artists such as these and copyright and another with proper returns Indigenous people have the right to practice Aboriginal and Torres Strait Islander arts and royalties. are protected by copyright, there are often no and revitalise their cultural traditions and Australia Council for the Arts legal rights around the broader reproduction customs. ‘This includes the right to maintain, PO Box 788 The implementation section summarises some and use of Indigenous cultural heritage material. protect and develop the past, present and Strawberry Hills NSW 2012 of the key points and provides a checklist for Australia does not yet have a law that prevents future manifestations of their cultures, such [email protected] applying protocols to a media arts project. alteration, distortion or misuse of traditional as archaeological and historical sites, artefacts, We have also included a list of contacts symbols, songs, dances, performances or rituals designs, ceremonies, technologies and Using this guide and references to access relevant people that may be part of the heritage of particular visual and performing arts and literature.’ This guide is designed to be an initial point of Indigenous language groups. and information. In Our culture: our future 2, Terri Janke reference in planning a work of media art with That is where the Australia Council for the Arts’ recommended significant changes to laws, Indigenous media art practitioners, or using Indigenous cultural material in such a work. What are protocols? protocol guides come in. The five guides in the policy and procedures to protect Indigenous When you need specific advice on the cultural In 1997, when media art was an emerging field, suite spell out clearly the legal as well as the cultural knowledge and expression. many Indigenous commentators noted the The Australian Government has yet to issues of a particular group, we recommend ethical and moral considerations for the use of potential for that artform to reproduce and deal make a determination on this matter. you speak to people in authority or engage Indigenous cultural material. They can help people an Indigenous cultural consultant with relevant with Indigenous cultural content in unprecedented to do the right thing. In Australia, Indigenous heritage comprises all knowledge and experience. ways. Indigenous artists and communities were These guides recognise that in Indigenous objects, sites and knowledge transmitted from keen to participate, however, media art allowed generation to generation. Indigenous people Reading this guide from cover to cover is an Australian communities the artist is a custodian important and highly recommended first step. Indigenous cultural material to be copied, digitised of culture, with obligations as well as privileges. have a living heritage. Their connection with and altered in ways that were not previously the land, water, animals, plants and other The introduction defines protocols as used in possible. Hence, as Wal Saunders has noted, The five guides in the suite are: people is an expression of cultural heritage. this guide, and looks at the special characteristics ‘this enthusiasm is tempered by concerns • Media arts Writing, performing, music, the visual arts, of Indigenous media art. about process and protocol’.3 and media arts are the mediums for • Music The Indigenous heritage section gives transmitting Indigenous cultural heritage. Protocols define appropriate ways of using an overview of the issues that inform the • Performing arts Indigenous cultural material, and interacting with As primary guardians and interpreters of their development of Indigenous protocols. • Visual arts Indigenous people and their communities. cultures, Indigenous people have well-established It explores the complexity of Indigenous • Writing. protocols for interacting with their cultural material. Australia and charts international initiatives They encourage ethical conduct and They are relevant to anyone working in or New situations also require cultural protocols. for the protection of Indigenous cultural promote interaction based on good faith with the Indigenous arts sector, including: and intellectual property rights. and mutual respect. Media arts 04 Media arts 05 Introduction Introduction
Indigenous protocols arise from value systems What is media art? There are two fundamental aspects of media and cultural principles developed within and As with all things experimental, there is art that suggest the ‘newness’. For more information visit its website at across communities over time. confusion around the area of media arts; • How the work is created – often through
According to a report by ANAT, access to media Media art is an incorporation process. This raises copyright laws these rights are not always people – particularly to own and control technologies is an issue for Indigenous artists. issues for Indigenous media artists in the use of protected, and this is why we encourage the representation and dissemination of their stories, cultural heritage and appropriate representation use of Indigenous protocols. knowledge and other cultural expression.10 Indigenous artists with an interest in media and production of this material. technologies often feel locked out of this The media arts sector can adopt a best practice The process of following the protocols not only developing area. This is in part due to the Indigenous artists may need to incorporate approach by encouraging respect for the supports Indigenous heritage rights, but also difficulties (both perceived and real) of either cultural respect protocols when dealing with their cultures of Indigenous Australians. It can do this promotes diversity and new initiatives in media, accessing or obtaining the equipment required cultural heritage material. This is particularly by acknowledging their innate value and their and culturally appropriate outcomes. to learn these new skills.8 important because technology makes it easier difference from other cultures, and by respecting to combine, copy and manipulate materials ownership and control of Indigenous heritage. The growing number of Indigenous artists Our culture: our future without permission from Indigenous custodians. practising media art include Brook Andrew, All Indigenous artists are responsible for Indigenous cultural and intellectual It is traditional for Indigenous artists to incorporate Tina Baum, Gordon Bennett, Brenda L Croft, safeguarding cultural knowledge. They need to property rights refer to Indigenous people’s cultural respect within their art practice. Jason Davidson, Destiny Deacon, Jason De ensure that Indigenous cultures, both in the cultural heritage. Santolo, Jenny Fraser, Cam Goold, Dianne When the digital form became available it past and today, are protected and maintained Heritage comprises all objects, sites and Jones, Jonathon Jones, Christian Thompson, was scrutinised very carefully by Indigenous in their works. In this way these cultures can knowledge – the nature or use of which Karen Casey, Gary Lee and Rea. communities. Now a growing number of be passed on to future generations. has been transmitted or continues to be Indigenous artists and communities use new The different forms of work are diverse and range There are many Aboriginal and Torres Strait transmitted from generation to generation, technology in their projects. When working with from digital manipulation of photographs and Islander cultures, which have developed over and which is regarded as pertaining to a the digital form, these communities seek to CD-ROM to performance and installation art. thousands of years and have been passed particular Indigenous group or its territory. guard the integrity of important cultural material. down from generation to generation. Despite The artists in this field give various reasons for For this reason, respect for cultural protocols is Indigenous people’s heritage is a living the enormous impact of the invasion in 1788, the special nature of this medium as a form of an important step in the process of creating heritage that includes objects, knowledge, Indigenous cultures have continued to develop. Indigenous cultural expression. These include: Indigenous media works, or using Indigenous artistic, literary, musical and performance • facilitating ongoing transmission cultural material. The connection to heritage is expressed in works which may be created now or in contemporary life by an individual’s relationship the future. of information Some of the issues to be considered include: with land, waterways, animals and plants, Indigenous cultural and intellectual property • recording community knowledge • Who has the right to use Indigenous cultural and through relationships with other people. rights include the right to: • recording oral histories/life stories material? Is it communally owned? Aboriginal and Torres Strait Islander people • own and control Indigenous cultural • community ownership of stories • Can a particular item of Indigenous cultural have a well-developed and complex web of and intellectual property • cultural reclamation and maintenance material be adapted or altered? relationships based on family ties, language • ensure that any means of protecting • entertainment • What is the proper treatment of Indigenous group affiliations and community, organisational Indigenous cultural and intellectual cultural material, including creation stories • personal and community healing and government structures. A range of authority property is based on the principle and language group images? (e.g. stories of the Stolen Generation) structures exists across urban, regional and of self-determination • How should the artist properly attribute the remote communities. It is important to • educating the broader community • be recognised as the primary guardians Indigenous community when using Indigenous acknowledge the complexity of Indigenous about Indigenous issues and interpreters of their cultures cultural information? Australia when negotiating the use of • educating Indigenous communities about Indigenous heritage for a media art project. • authorise or refuse to authorise the local and national Indigenous issues. Indigenous heritage commercial use of Indigenous cultural Indigenous Australians are concerned that Indigenous media artists continue to draw from Media is an important means of expressing and intellectual property, according to there is no respect for their cultural knowledge, the wealth of Indigenous cultural heritage, using Indigenous heritage – past, present and future. Indigenous customary law stories and other cultural expression in the cultural expression and knowledge to create Indigenous heritage, enshrined in Indigenous wider Australian cultural landscape. Concerns media works that tell Indigenous stories and cultural and intellectual rights, is discussed include the current legal framework that does reflect on Indigenous experience. at length in Our culture: our future9. Under not promote or protect the rights of Indigenous Media arts 08 Media arts 09 Introduction Introduction
These rights are given international recognition knowledge and folklore to discuss intellectual • any use of traditional cultural expression • maintain the secrecy of Indigenous in the United Nations Declaration of the Rights property issues that arise in the context of: which does not acknowledge in an knowledge and other cultural practices of Indigenous Peoples.12 Article 31 states: • access to genetic resources and appropriate way the community as the source • full and proper attribution 1. Indigenous peoples have the right to maintain, benefit-sharing • any distortions, mutilations or other • control the recording of cultural customs control, protect and develop their cultural • protection of traditional knowledge, modification of or inappropriate action in and expressions, the particular language heritage, traditional knowledge and traditional innovations and creativity relation to the traditional cultural expression which may be intrinsic to cultural identity, cultural expressions, as well as the • protection of expressions of folklore.16 • the acquisition or exercise of intellectual knowledge, skill and teaching of culture. manifestations of their sciences, property rights over the traditional cultural Based on its extensive international, regional For a full list of rights see Our culture: technologies and cultures, including human expression adaptations of them.19 and genetic resources, seeds, medicines, and national experience and on input from our future – report on Australian Indigenous different countries, the WIPO intergovernmental Regionally, a model law for protecting traditional 11 knowledge of the properties of fauna and cultural and intellectual property rights. knowledge in the Pacific was drafted and flora, oral traditions, literatures, designs, committee developed two important documents, completed in July 2002. The Pacific Regional sports and traditional games and visual and which outline policy options and legal options Framework for the Protection of Traditional Current protection of heritage performing arts. They also have the right to for traditional cultural expression and Australia’s current legal framework provides Knowledge and Expression of Culture establishes maintain, control, protect and develop their knowledge. These are: limited recognition and protection of Indigenous ‘traditional cultural rights’ for traditional owners of intellectual property over such cultural (i) The protection of traditional cultural heritage rights. Our culture: our future traditional knowledge and expression of culture.20 heritage, traditional knowledge, and traditional expressions/expressions of folklore; recommended significant changes to legislation, The prior, informed consent of traditional owners cultural expressions. Draft objectives and principles17 policy and procedures. As yet there has been is required to: no formal response to these recommendations 2. In conjunction with Indigenous peoples, States (ii) The protection of traditional knowledge; • reproduce or publish the traditional from the Australian Government. However, there shall take effective measures to recognize and Draft objectives and principles.18 knowledge or expressions of culture protect the exercise of these rights.13 are proposals to amend the Copyright Act 1968 The latest WIPO provisions for the protection of • perform or display the traditional knowledge (Cth) to recognise Indigenous communal moral The Mataatua Declaration on Indigenous Cultural traditional cultural expressions (TCEs) suggest or expressions of culture in public rights. In the absence of laws that protect and Intellectual Property Rights urges Indigenous three layers of protection tailored to different • make available online or electronically Indigenous cultural and intellectual property, people to ‘develop a code of ethics which forms of cultural expression. It says TCEs of transmit to the public (whether over a path much of the rights recognition has been done external users must observe when recording particular religious and cultural significance or a combination of paths, or both) traditional at an industry and practitioner level, through the (visual, audio, written) their traditional and should be noted in a public register so there is knowledge or expression of culture development of protocols and use of contracts to customary knowledge’.14 certainty as to which are protected and for support the cultural rights of Indigenous people. • use the traditional knowledge or expression The Draft Principles and Guidelines for the whose benefit. The items in the register would of culture in any other form. Across the world, Indigenous people continue Protection of the Heritage of Indigenous be afforded a form of protection similar to that to call for rights at a national and international People (1993)15, which were adopted by the given by intellectual property rights legislation. level. Indigenous people are developing former Aboriginal and Torres Strait Islander It recommends in Article 3, that when TCEs statements and declarations that assert their Commission’s Indigenous Reference Group have been registered or notified, there shall be ownership and associated rights to their cultural in 1997, state: adequate and effective legal and practical heritage. These statements and declarations measures to ensure that the relevant community are a means of giving the world notice of the Artists, writers and performers should refrain from incorporating elements derived from can prevent certain acts taking place without rights of Indigenous people. They also set its free, prior and informed consent. standards and develop an Indigenous Indigenous heritage into their works without the discourse that will, over time, ensure that informed consent of the Indigenous owners. With TCEs other than words, signs and names, Indigenous people’s cultural heritage is Internationally, the World Intellectual Property these acts include: respected and protected. Organisation (WIPO) has established an • the reproduction, publication, adaptation and intergovernmental committee on intellectual communication to the public and adaptation property and genetic resources, traditional of its traditional cultural expressions Media arts 10 Media arts 11 Principles and protocols Principles and protocols
Principles and protocols such as one might indicate with terms like for artists and galleries to prepare for launches Speaking to the right people is very important. ‘spending a day in the country’ or ‘going and events. Indigenous communities, whether regional, urban A framework for respecting Indigenous heritage up the country’. Rather, country is a living or remote, have an infrastructure of organisations includes the following principles: Accepting diversity entity with a yesterday, today and tomorrow, Indigenous culture is diverse. Culture varies and individuals who can advise on a range of 1. Respect with a consciousness, and a will toward life. depending on the Indigenous country (area of issues – including guidance about locating 2. Indigenous control Because of this richness, country is home, land within Australia) and particular language Indigenous people with authority to speak for 3. Communication, consultation and peace; nourishment for body, mind, groups. Indigenous artists come from many specific Indigenous cultural material. and spirit; heart’s ease.21 and consent different backgrounds, learn their art in many For initial inquiries and contacts, consult the 4. Interpretation, integrity and authenticity When organising an installation, performance different ways, and develop their media works following websites and directories: 5. Secrecy and confidentiality or event of local, state or national significance, in many different styles. • Department of the Environment, Water, 6. Copyright and attribution it is respectful to invite a representative of the Heritage and the Arts, Indigenous Visual Arts 7. Proper returns and royalties Representation traditional owners to attend and give a welcome and Crafts Resources Directory 2006. 8. Continuing cultures Indigenous people and their cultures need to to country address. An Indigenous custodian of Available from the Indigenous Visual Arts 9. Recognition and protection. be represented in a manner preferred by those the land gives such an address during the official cultures. Inappropriate or outdated perspectives section, on (02) 6171 1000. In the following pages, under each of these openings of events. As a matter of cultural and terminology should be avoided. It is important • Association of Northern and Kimberley principles, we have suggested protocols protocol, large cultural events should invite an to consult the relevant groups about this. Aboriginal Artists of Australia (ANKAAA) at for using Indigenous cultural material, Indigenous custodian or representative of the Living cultures
• Black Pages Directory is Australia’s first • Indigenous media organisations Torres Strait Islander identity to be signed. and only national online Indigenous Business • Indigenous language centres Applicants must provide: Case study: Consultation for a CD-ROM – Walkabout Walkabout Bulurru and Community Enterprise Directory, • Indigenous curatorial staff at local keeping • confirmation of identity from an organisation Vynette Wright, a Yidinji artist, is working on at
The idea may be a good one from an external development of logos, the assignment of Jenny Fraser says: used in the proper context.30 For information point of view. Consultation establishes the copyright is often negotiated, and appropriate on Indigenous languages and usage, contact Most people are happy to see their stories internal, cultural perspective and it is important rates should be paid to the artist. the relevant Aboriginal language centre or come to life if they are dealt with properly. to accept that it is this perspective which should the Federation of Aboriginal and Torres Strait Commissioning Indigenous artists This means respecting the integrity and also determine the appropriate course of action. Islander Languages
Adaptation of works photographed as a geometric configuration in eggshells, but using it anyway – without • working in close collaboration with an The adaptation of works that embody cultural quantum physics, yet still recognisably retain seeking approval from the subject’s family or Indigenous community, giving them joint heritage is an important issue. When permission its identity as a Rainbow Serpent in the context acknowledging who the person was or where control of the project to adapt is given, the copyright created in new of the entire presentation.31 the image came from. Even some Indigenous • using photographs only of their own family work may not always be clear and can raise the artists use images inappropriately – and they Traditional motifs members and/or language groups. following issues: probably shouldn’t – like images of people Indigenous traditional motifs such as the that are not from their own particular mob or Commenting on her photography project, • Are there any limitations on the use of the Wandjinas and Mimis are part of the cultural language group, or people who have passed Jenny Fraser notes: new work that incorporates the Indigenous heritage of certain Indigenous groups. They away. Images are also sometimes used in a heritage material? may not be suitable for mass communication or I have recently used old family photographs new context which is inappropriate. This issue • Who will I approach and request prior dissemination. The context of the reproduction to document nine stories about the point of hasn’t really been dealt with properly in consent from for adapting communally is an important consideration. It is necessary to contact with my old people. In the process I this country.34 owned Indigenous heritage material? discuss context and intended use and get moral had lots of discussions (and cups of tea) with different family members in order to ensure According to Vynette Wright: rights clearances from the relevant Indigenous Some Indigenous artists apply cultural sensitivity artists. You should also get permission from by seeking consent from family members to use that the outcomes would be suitable for all Indigenous artists today are dreaming new Indigenous custodians. Each and every intended photographs of family, or by only using Indigenous and that we all still maintained collective stories, songs, dances and designs based on context should be discussed so that there is an language group material from their own regions. ownership over the photos. Photos are like cultural lore, with the approval and guidance of understanding of the envisaged extent of use. Other artists feel that unless they can ascertain gold in most families, especially Indigenous their elders. Adaptations to traditional cultural the origins of archival photographs and gain families, because of the rarity. Our family is material is often sanctioned so the younger lucky because my great grandfather had Case study: 2000 Sydney Olympic Games permission then it may be unwise to reproduce generation have the right to publicly show this a camera and a little darkroom in Cairns Images of the Wandjina – an ancestral rain or use such images – particularly where there material without elders always needing to be that he used on his return from droving spirit from a specific region in the Kimberley in is little or no information about the individual on hand. For example, dancers may subtly trips out to Borrooloola. So we have the north-western Australia – were commissioned or community depicted in the photograph. change movements in a traditional dance or added peace of mind of his copyright.36 for inclusion in the opening ceremony of the artists will change a clan design slightly so Brenda L Croft states: 2000 Sydney Olympic Games. According to Her advice to artists: that it retains the majority of characteristics, At the very least there should be attempts Rhoda Roberts, the written agreement for yet still satisfies the law… to consult with experienced people in the Try to request and obtain permission from filming the event included provisions requiring same field. the associated mob before making the work The community easily accepts the use of any use of the footage after the event to be or manipulating images of Aboriginal people. media technologies and contemporary art cleared by the traditional owners for each Cultural sensitivity applies to Indigenous This is a respectful way of dealing with a practices applied to traditional material as long and every new context and purpose.32 artists as well, and this is along the lines of sensitive issue and also may save some time as the original spirit embodied in the work is appropriating symbols and designs that are and waiting in suspense later on. not harmed by the changes. I think this is the not from your language group, simply because Photographs Indigenous imagery key to using cultural material validly and in a Media art might involve the digital manipulation of they ‘suggest’ Indigenous visual art and way that will almost guarantee sanctioned use, culture, e.g. dot paintings or cross-hatching, The photographer is generally recognised as photographs including collage, superimposition, the owner of the copyright of a photograph. even when the work is radically altered. If the heightened colouring and play with text.33 which come from particular regions in the 35 You must get permission from the photographer spirit embodied within the work is recognisably According to Jenny Fraser, the use of archival desert or in Arnhem Land, northern Australia. retained it is easily acceptable. A song may (or copyright owner) to reproduce artistic works photographs presents questions of ethics and Some Indigenous artists have developed have contemporary music applied and mixed protected by copyright. Copyright will generally consultation, which need further consideration culturally sensitive practices such as: protect photographs that are created by living with the traditional sound but it retains its by Indigenous artists working in media forms. original integrity. A Rainbow Serpent may be • not using old photographs of deceased people artists, or created by an artist who passed away drawn traditionally, scanned into a computer, Jenny Fraser says: in their work less than 70 years ago. See the copyright section of this guide for further information. translated into a 3D figure, animated, morphed Some artists feel the need to use photographs • clearly discussing proposed future uses into water, a rainbow or sculpted out of to create an atmosphere of time and place, of photographs and getting written release Because the artist of the original work has the microscopic matter created in a laboratory, knowing that such an act is like treading on forms when taking photographs of models moral right of integrity in respect of his or her Media arts 18 Media arts 19 Principles and protocols Principles and protocols
work, special permission and consent will be or record label or management or your For cultural protocol purposes, it is also necessary needed to alter or adapt it. It is recommended interviewee and not just selecting the most to consult on the use of old film footage, Case study: Filming of the that such consent be sought in writing, after well-known Aboriginal or Torres Strait Islander particularly if any of the Indigenous people Yeperenye Festival fully explaining to the original artist how his or music because it sounds good, particularly depicted are deceased. The grant of rights to the Australian when working with music in Aboriginal Broadcasting Corporation (ABC) to her work will be adapted or altered. Another issue that arises for media artists is languages. There is plenty of Indigenous broadcast the dance ceremonies in the the filming of performances. Generally, under Certain cultural imagery may not be suitable music from just about every geographical Yeperenye Festival restricted internet use of the performer’s rights of the Copyright Act, for adaptation or alteration. For instance, it is area. When using music in a radio program, the footage. Further, to respect the elderly considered culturally inappropriate to distort ask ‘Is this music relevant to the person, once a performer gives permission for a recording of his or her work to be used, age of many of the Indigenous dancers, or adapt an artwork that embodies a creation community or place this story is about?’ the film footage was only to be used story. This is because part of the cultural value For example, a song by a Torres Strait it can be used in any way that the owner of the recording chooses in the future. by the ABC for one year after the event. of the artwork relates to the accuracy of the performer may be more appropriate for After this the film was to be destroyed.40 artwork in depicting that particular story. a story on the Torres Strait rather than Some Indigenous performance artists may not using a didgeridoo track from a central wish to be filmed while performing in public. Case study: Dance performance Although some very old artworks may no longer Australian artist.37 Consent is necessary and all potential uses of the on CD-ROM be in copyright, it is still good practice to consult footage should be discussed prior to filming. An Indigenous choreographer developed with Indigenous people for the use of these Permission to use copyrighted songs will also Where possible, written release forms should original choreography based on the removal be necessary if development of the work works. Although such works might be able to also be used. of Aboriginal children from their parents. be sourced and copied from the internet or involves the reproduction and performance of a accessed from cultural institutions, permission song. This includes doing your own version of it, Jenny Fraser encourages performers to ask She had developed the piece sensitively for context and use is culturally appropriate. or using an existing recording. For information questions such as these: in a culturally appropriate manner, taking Attribution is also important. on Indigenous music and copyright see the • How many cameras will be recording into account the content in consultation music guide in this series.38 The Australasian the performance? with others. Although the work was still The artist may require consent for instances Performing Right Association (APRA) and • Who is the film being made for? in progress, she performed part of it where communally owned knowledge and the Australasian Mechanical Copyright Owners publicly at a university concert involving potentially sensitive material is used. It is • What are the proposed uses of the footage Society (AMCOS) also offer information on dance students she was tutoring. important to develop strong consultative ties or stills from the performance? their website at
Internet publishing Some useful measures currently being discuss any restrictions on use with the relevant Indigenous people tend to consider that used include: On behalf of the three artists, the National Indigenous groups. publishing in media technology such as the Indigenous Arts Advocacy Association • warnings on home pages where photographs Representation of deceased people internet and CD-ROM is different from publishing contacted the Olympic Museum, and the of deceased people are displayed In many Indigenous communities the in books. This stems from the belief that books works were taken off the website in • copyright notices setting out conditions reproduction of names and photographs of have a finite number of copies and circulation, December 2000. where use and reproduction is permitted, deceased people are restricted for public which can, to some extent, be monitored. and where permission is required viewing for the period of mourning. Doreen The internet and CD-ROM, on the other hand, The case raised issues of moral rights and Mellor notes some communities will request are perceived as being much more difficult to • notices indicating that cultural material copyright. After negotiations with the Olympic that an artwork by a deceased Indigenous artist monitor. Not only is there a wider audience on is owned by Indigenous people, and rights Museum, the matter was settled and the artists not be displayed for some time after the death the internet, but use of the internet also should be respected. received an award of money in compensation for of the artist. They may also require the artist’s increases the potential for abuse by others. For those seeking to use online material in their the infringement, plus a letter of apology, signed name not to be used or an image of the artist Indigenous people are concerned that aspects media art, remember that not all such material by Juan Antonio Samaranch, acknowledging not to be displayed. The artist’s family or of Indigenous culture risk being taken out of is free for use, and copyright permission may the infringement of copyright and moral rights community should be consulted so that the context through wide dissemination of heritage be required to reproduce it if it is downloaded. and apologising for cultural harm caused. The appropriate protocols are observed.44 material on the internet. For example, the Check the terms published on the website, Olympic Museum also posted an apology The media artist should consider these issues practices of caching, linking and framing raise or contact the website publisher for permission. in four languages on its website. It asked anyone when using sound recordings, films and images issues concerning the appropriate storage, who might have downloaded the works as The Arts Law Centre of Australia has published of Indigenous people who have passed away. display and juxtaposition of cultural heritage wallpaper to delete them from their hard drive. a best practice guide to publishing art online. Consultation with relevant family or language material on the internet. There is also the sheer Copies are available from the Arts Law Centre. In responding to this challenge, some internet group members is recommended. When filming ease of copying. creators have developed a means of protecting Indigenous people or recording their voices, A large range of Indigenous websites and Case study: Web permission essential material in the design and presentation of the you should discuss this issue with them, Indigenous cultural material is available on In July 2000 the International Olympic material online. For example, Jenny Fraser so that they can advise you of their position the internet, including: Museum reproduced the works of three notes that it is a good idea to ensure images for in relation to this cultural practice. websites are created at a low resolution; if they • library collections of articles Indigenous artists on its website without are downloaded they will print only at a small seeking their prior permission. Viewers Case study: Barani website • information on collecting institutions size, but they will still be large enough on screen were encouraged to copy the paintings In developing the Barani45 website for the City • artworks and prints to view the overall work. She also recommends as computer ‘wallpaper’. The Olympic of Sydney at www.cityofsydney.nsw.gov.au/ • languages watermarks over the images – such as a big © Museum was exhibiting the original works barani/ CyberDreaming incorporated a for copyright laid over the top of the image to get • photographs as part of its Aboriginal art exhibition in gateway entrance protocol to respect the the message across. • manuscripts Lausanne, Switzerland. These works had content of the site. The website entrance been provided to the museum by private • oral histories Brenda L Croft advises artists signing licence page states: collectors, and there had been no agreements to request that their work be • recorded interviews Barani contains the history, life stories discussion about the display, use and reproduced in hard copy (print format) and and images of many Indigenous men • creation stories reproduction of the works in this way to check they are not also agreeing to their and women who have made great • recordings of Indigenous music. with the artists. One of the artists, work being reproduced on the web.43 Sam Tjampitjin (deceased) of Warlayirti contributions to their people and their While many sites are beneficial because they Artist Aboriginal Corporation at Balgo country. The story of Aboriginal Sydney facilitate access to Indigenous people, others 5. Secrecy and confidentiality Community in Western Australia, was Some Indigenous content may not be suitable could not be told without recognising may contain inaccurate or sensitive information. appalled when he heard that his sacred for wide dissemination on the grounds of their achievements. Those who seek to publish cultural material painting was treated in this way.42 secrecy and confidentiality. It is the responsibility online should consider cultural protocols of artists putting together media projects to and protection of cultural information. Media arts 22 Media arts 23 Principles and protocols Principles and protocols
If a media artist uses details about an individual’s Requirements of copyright • Seventy years from the date of creation for In some Aboriginal communities, seeing life experiences, it is advisable to consult with Copyright will exist in a work as soon as it is unpublished artistic, literary, musical and the names and photographs of dead that individual. There may be important cultural created in a material form or as soon as a dramatic works. If it is unpublished before people may cause sadness and distress, formalities to be observed in telling their story. recording or film is made, provided that certain the death of the author, copyright expires particularly to relatives of those people. statutory requirements are met. They are: 70 years from the date of first publication. Viewers are then asked if they wish to 6. Attribution and copyright • Original work – The new work must not be • Seventy years from the date of creation for proceed. They must click on ‘I agree’ to An understanding of legal issues is essential for copied, and the creator must have used the films and sound recordings. media artists. Depending on the subject matter necessary degree of skill, labour and effort proceed or ‘cancel’ to return to the home Copyright protects works for a limited period page. Mark Leavy of CyberDreaming says, and the particular artform, the following areas of to create a new work. law may be relevant: only and therefore assumes that some forms ‘You have to respect cultural sensitivities. • Material form – A work must be written of Indigenous art and cultural expression are • patents Developing respect for culture within down or recorded in some fixed form. in the public domain and are free for all to use the design of a website is important.’46 • trademark • Identifiable author – There must be an author, and exploit. • breach of confidence (or trade secrets law) or authors, for a work to be a copyright work. Exceptions to the general rule of copyright Secret and sacred material Generally the author must be identifiable, • copyright include anonymous and pseudonymous works51 The reproduction or unauthorised use of secret although there is some protection for • design. and work commissioned by the government and sacred images in films, CD-ROMS and/or anonymous works. (artworks are only protected for 50 years after websites may be a transgression of Indigenous The following is a general summary of copyright Copyright exceptions 52 law under the Copyright Act. For further publication). Copyright in unpublished works customary law. There are some significant exceptions to this information about copyright and how it applies continues to subsist so long as the work ‘Secret and sacred’ refers to information general rule of ownership: to dance, music, film and other media, remains unpublished. or material that, under customary laws, is: • Where the work is produced under visit the Australian Copyright Council’s Artists should consider who would control their a contract of employment, copyright • made available only to the initiated website at
• perform the work in public right of reproduction to occur. If a ‘substantial’ Communal ownership versus alter or treat their works in an inappropriate • broadcast the work54 part of the material protected by copyright joint ownership way, causing harm to the artist’s honour or is reproduced without permission from the In Bulun Bulun & M* v R & T Textiles,64 the court reputation.67 This might include work that is • communicate the work to the public55 copyright owner – for example, when extracts considered that traditional Indigenous works cropped or materially altered or reproduced in 56 • make an adaptation of the work. of a work are digitally sampled, an infringement containing ‘traditional ritual knowledge’, handed poor quality. An artist cannot bring an action Artistic works (such as paintings) of copyright may occur. But this will always down through generations and governed by against inappropriate treatment if he or she The creator or copyright owner has the be a question of degree. It is not so much Aboriginal laws, are not works of joint ownership. agreed to the alteration or treatment of the exclusive right to: the quantity of what is copied or reproduced, Although under Aboriginal laws the entire work. Whether the work has been treated in • reproduce the work in material form but rather the quality of what is taken. In community may have an interest in the particular an inappropriate way is subject to reasonable deciding on the issue, the court will consider artwork, and the designs and knowledge within defence.68 Performers can object to treatment • publish the work the circumstances of each particular case. the work, copyright law does not recognise the of their performance that demeans their 57 • communicate the work to the public. group as the owners. An infringing work must be shown to have been reputations. Before making any significant Sound recordings (such as tapes copied from the copyright work – whether done The individual artist is recognised as the copyright alterations to, or adaptations of a work or performance, it is important to get the consent and CDs) consciously or unconsciously, directly or indirectly. owner and may have a special obligation to the The creator or copyright owner has the language group to deal with the copyright in the of the artist in writing. Collaborative works exclusive right to: art in ways that are consistent with Indigenous Media artists need to ensure they respect the Under the Copyright Act, a ‘work of joint • make a copy of the sound recording law. Depending on the circumstances, this moral rights of any copyright owners whose ownership’ refers to a work resulting from the obligation may be enforceable in the courts. works they incorporate in their own media works. • cause the recording to be heard in public collaboration of two or more artists, where each • communicate the work to the public artist’s contribution is equal to the contribution(s) What are moral rights? Further, there are issues of protecting media • enter into a commercial rental arrangement.58 of the other artist(s).62 Moral rights are separate from the economic artist’s own moral rights in an artform practice rights of copyright owners and may give where manipulation and alteration is common. Films (such as videos and movies) The artist must contribute to the work by way of Indigenous artists avenues to challenge The creator or copyright owner has the effort, skill and labour. It is not enough to inspire Media art protection inappropriate treatment of their works. exclusive right to: or make suggestions. The custodians of cultural As copyright protects particular categories Moral rights laws provide the following rights images are generally not recognised as the legal of creation, such as artistic and literary works, • make a copy of the film to authors of works, films and performers: copyright owners of an Indigenous artwork that a media work will usually contain a number • cause the film to be seen or heard in public depicts language group cultural images. 1. The right to be identified as the creator of works protected by copyright. For example, 59 • communicate the work to the public. or performer – The artist has the right to be the following elements of a media work may Each creative contributor to a work of joint identified as the artist where his or her work have separate copyright owners: Reproduction right authorship owns copyright in the resulting is reproduced in material form, published, Aside from the new right of communication to work.63 This means that each artist must obtain • text graphics performed, adapted or communicated to the the public, the most important right in the digital the consent of the others before exercising any • music domain is the reproduction right. This is the right public.65 Artists can require their names be of their rights under copyright law. For example, • choreography 60 clearly and prominently identified with their to reproduce a work in material form. if an artist wants to license the rights to reproduce works.66 Performers have the right to be • video The Copyright Act provides that an original a collaborative work, he or she must get the named in connection with their performance. • animation work, which is protected by copyright, can be consent of all the artists who participated in infringed if it is reproduced in the same format the collaboration. 2. The right not to have work or performance • sounds falsely attributed to another person – Artists or in a different format – for example, where a Media works are often produced in a • photographs can bring a legal action against parties who literary, dramatic or musical work is reproduced collaborative arrangement. To avoid any future • computer software. as a sound recording or film. Reproduction in falsely attribute their works and disagreements the participating artists should For media art projects, copyright clearances a digital form would also include scanning.61 performances to others. discuss issues of copyright and proposed use of must be obtained from each and every It is not necessary for a work to be reproduced the work prior to commencement of the project. 3. The right of integrity – Artists can bring copyright owner of each included component. completely for an infringement of the exclusive a legal action against parties who edit, Media arts 26 Media arts 27 Principles and protocols Principles and protocols
There is no separate category in the Copyright written permission to proceed, even in such What are Indigenous communal Attribution of Indigenous people Act for media art that specifically covers media. cases where the copyright owner has moral rights? and communities Artists seeking to protect a media work have approved publication’.69 Existing moral rights are individual rights only. The Australia Council for the Arts recommends in the past adapted it to one of the categories Licensing the use of works The communal nature of Indigenous cultural the principle of attributing works to Indigenous within the Act such as a cinematograph film, It should not be assumed that traditional material and the right of an Indigenous language people or communities when their cultural sound recording or a dramatic work. Indigenous works are in the public domain. It is group to protect and guard against issues of heritage material used in media works. Different levels of copyright protection will be necessary to consult with relevant Indigenous misinformed source or integrity are not As a media work may use material from many available to the copyright owner depending people for permission to use their material and recognised. In December 2003, the Australian different sources, it is respectful practice to on which category the media work falls under. if agreed, there should be scope for negotiating Government drafted proposed amendments credit individuals, families, language groups or with Indigenous people on appropriate royalties Reproducing works to the Copyright Act for Indigenous Communal communities who contributed to the work at for use. Some other points are: A media work may involve clearing rights from Moral Rights (ICMRs). any stage. It is important to consult on the form a range of copyright owners. It is important to • Written contracts are preferable to The current proposed model introduces ICMRs of attribution people may want such as proper seek prior permission for reproduction by way oral agreements. to exist alongside individual moral rights. It is wording and spelling of names. of a licence from all copyright owners for all • Indigenous artists, writers and cultural owners proposed that the ICMRs will be exercisable Attribution of Indigenous sources should also intended purposes. should be given the opportunity to consider independently of the individual author’s moral contracts and to obtain proper legal advice. be considered. It has become the practice with Remember that writers, artists and other rights. ICMRs will exist in works and films many Indigenous artists to also list their language creative contributors are entitled to a fee for • The contract should be explained to drawn from a traditional base,70 if before the Indigenous artists, writers and contributors, group affiliations after their own names. the reproduction of their works. Note, too, that first dealing of the work or film, there is a Indigenous custodians, contributors and relevant these artists have the moral rights of integrity, and if necessary, a translator should be used voluntary agreement between the creator of the Indigenous organisations contributing resources attribution and the right against false attribution. to explain the major issues of the contract. 71 work or film and the Indigenous community. and knowledge are now given a significant credit It is a good idea to clear any material alterations • If the work is to be altered or adapted, artists There must also be acknowledgment of the as collaborators on particular projects. with the artists and to carefully check proofs of should be given opportunity to approve, or Indigenous community’s association with the the work before publication. It is also important otherwise reject, the alteration or adaptation work.72 Further, all interest holders in the work to use correct labelling. of their work. (i.e., copyright owners) need to have consented Case study: Community and technical collaboration When reproducing artworks, we recommend Assigning copyright versus licensing to the ICMRs existing in the work or film. ICMRs you seek the assistance of a lawyer, or speak to Copyright can also be assigned. This means would exist for the term of the copyright period. A collaborative project brought together an the relevant copyright collecting society. that you can give the copyright in your work to Indigenous artist, an Indigenous community An Indigenous community that has Indigenous someone else. They become the copyright (whose information was the subject matter) Accessing archival audio-visual material communal moral rights to a work may exercise owner and can authorise others to reproduce and a non-Indigenous computer Before using archival audio-visual material within those rights only through an individual who is your work. programmer. At the end of the project the media work, you should consider issues of the authorised representative. This authorised programmer wanted ‘top billing’ on cultural integrity as discussed above. Also note Copyright is usually assigned under written representative may be recognised by the promotional material for the work because that although the physical material might be agreement. When copyright in a work has community according to its cultural practices, he had technically put the project together. available from archives, the copyright owner’s been assigned, the artist relinquishes copyright or may be appointed by the community, The artist had to make very clear that it consent will also be required before the work can in his or her work. according to its decision-making processes.73 be reproduced. Archives are also beginning to was the Indigenous community who owned Where possible, Indigenous artists should retain recognise the rights of Indigenous communities The proposed regime incorporates defences, the story, and that the artist had directly the copyright in their works so they can maintain and individuals to consent to publication of and consents. The ICMR regime is not yet law, collaborated with the community. The artist control over reproductions. It is important for archival material. For example, the Australian and many commentators have criticised the insisted that the order of attribution be Indigenous artists to check agreements and Institute for Aboriginal and Torres Strait Islander headlined with the Indigenous community, make sure they are not assigning their rights model as being overly complex. Further Studies’ Audiovisual Code of Ethics states followed by the Indigenous artist, and finally away, instead of licensing use of their work. consultation with Indigenous creators and that ‘copies of material will only be provided communities has been recommended. the programmer.74 for publication purposes if the requestor has It is a good idea to seek legal advice on copyright consulted with the relevant Indigenous licensing issues. community or individual(s) and has received Media arts 28 Media arts 29 Principles and protocols Principles and protocols
Managing copyright to protect If you think that your work will be first published • providing legal service and information When is copyright infringed? your interests overseas seek advice from a suitable practitioner to Indigenous artists, arts organisations It is an infringement of copyright to copy or deal As copyright exists as soon as a work is on appropriate wording. and communities with a copyright work without the consent of the copyright owner. recorded or created in material form, it is not a The following is an example of a copyright notice • providing informed advocacy work on legal requirement to register copyright. However, for a website: issues relating to Indigenous cultural and A person will infringe copyright in a musical, certain precautionary practices can provide intellectual property. dramatic, artistic and literary work if he or she good warning to potential infringers and notify © Aboriginal Web Group, 1999 reproduces the work in material form, publishes The Arts Law Centre of Australia recommends them of where to get prior permission to copy. or communicates the work to the public, The following is an example of a copyright notice the following traditional custodian notice in without permission from the copyright owner.76 Given the mixed media nature of media for an artwork: artworks with traditional knowledge: works, a range of copyright materials will often © Banduk Marika, 1998 For musical, dramatic and artistic works it is also be combined to make the overall work. The images in this artwork embody traditional an infringement to adapt the work. The following is an example of a copyright notice ritual knowledge of the (name) community. For instance, a website may include songs, It is an infringement to copy a substantial part of artworks and text. Each component may for a song: It was created with the consent of the custodians of the community. Dealing with a work. This does not necessarily refer to a large be owned by a number of copyright owners ‘Black Woman’ written and performed part of the work. The court will look for striking any part of the images for any purpose that and licensed for use by the media artist. It is by Toni Janke. similarities between the original work and the has not been authorised by the custodians is important to include copyright notices for each infringing copy, and assess the quality of what Recording from the Album The Brink, (P) Toni a serious breach of the customary law of the component, as well as the overall works. was taken. Janke Productions, 2002. (name) community, and may also breach Label all reproductions of the work clearly with Licensed by: Toni Janke Productions the Copyright Act 1968. For enquiries about It is also an infringement of copyright to import the following information: copies of a copyright-infringing recording into The following is an example of a notice for permitted reproduction of these images Australia for sale or hire. • title of the work, song or story language group-owned traditional materials: contact (community name). • creator Some exceptions to infringement are when there Traditional story: Torres Strait Islands It may also be prudent to include warnings • date created against filming, for example: are fair dealings, when the Crown uses artwork This version: © A. Murray, 2002 and when libraries and educational institutions • copyright owners WARNING: Any unauthorised recording copy material. • if applicable, cultural group or language group. This performance is made with the permission or broadcasting of this performance of the language group. It may not be is prohibited. Fair dealing provisions When authorising others to reproduce your reproduced in any form without the The argument of ‘fair dealing’ can be a defence works make sure you use written agreements permission of the writer and the language Authorised recordings of performances against allegations of copyright infringement. and keep records of the rights you have granted. group concerned. often carry a warning such as: Copyright in the work is not infringed if it is used: Ask for copies. The Arts Law Centre of Australia gives advice to WARNING: Copyright subsists in this • in research or private study purposes77 Copyright notice artists, writers and filmmakers on legal matters recording. Any unauthorised sale, rental, • in criticism or review, whether of that work You should also include a copyright notice. relating to arts practice. It has a website hire, broadcasting, public performance or or of another work, and a sufficient A copyright notice provides information about
• in judicial proceedings or of a report of judicial Creative Commons has developed a series of your work. So you need to think carefully Some media artists have developed methods proceedings, or for the purpose of giving licences that creators can use for sharing their when choosing a Creative Commons licence of benefit-sharing which allow large scale professional advice by a legal practitioner.81 works. This might be useful for some people, to make sure that you are happy for people projects to be undertaken – for instance, but it can mean giving up your rights to control to be using your work consistent with the exchanging technical information for free Crown use of artworks or benefit financially from your work. A number terms of the licence, even if you later stop copies of the product for members of the The Crown may use a copyright work without 86 of Australian arts advocacy organisations have distributing your work. contributing cultural groups. the permission of the copyright owner where raised serious concerns about the licences, the use made is ‘for the services of the Crown’. Brenda L Croft says, ‘Artists should also receive particularly that they may not effectively limit Hypothetical case study: The artist is still entitled to payment for use 84 licence or royalty payments for any commercial commercial or derivative uses. Free website download and the government must contact him or her product generated by the collaboration.’87 The Creative Commons licence use states ‘CC Hanna wants to promote her art, and is as soon as possible to negotiate this. This should apply to all creative contributors. – some rights reserved’ rather than the copyright encouraged to put her art on a website When applying for funding, these fees should Library copying © symbol used for standard copyright. Some which allows people to view and use the art, be incorporated in the project budget. Libraries and archives can make copies of Creative Commons music licences allow for file using a Creative Commons licence that will copyright works under certain circumstances sharing, downloading and performance of the allow anyone to download the work for free, Media projects can constitute a range of in accordance with statutory procedures.82 entire work. Others allow commercial uses and to make commercial uses. outcomes, and the artform is flexible to allow and allow the music to be used for sampling. sharing of benefits by way of copies, as well Educational copying Hanna finds that someone has downloaded In general all Creative Commons licences as focused outcomes as the following case Educational institutions, such as schools and her art from the website, altered the art and require that the author or persons granting the study illustrates. universities, can make multiple copies of print licence be attributed.85 used it in on a poster. material and can copy television and radio Hanna is very unhappy as the cultural programs for education purposes. They must, Creative Commons licences may not require you Case study: Media and research message in her story has been distorted. however, pay statutory licence fees to the to give up your copyright. However by signing a Jason De Santolo, Indigenous lawyer and Hanna can remove her art from the website, relevant collecting societies. Media artists should Creative Commons licence you may allow such media artist is coordinator of the Jumbunna wide use of your music that you lose a lot of but she cannot stop the uses that have be aware of these schemes, as there may be Enhanced Research Media Project control over the way your work is used. This already happened. She may be able to take royalties payable in certain circumstances. (JERMP), a pilot project that uses media could also cause serious problems if you later legal action for breach of her moral rights, and creative research practice to Contact APRA, Viscopy, CAL and Screenrights want to enter into a recording or publishing but there is no guarantee of success. appropriately enhance research and where applicable. agreement, because you no longer have control project outcomes for Indigenous people. The above is general comment only and does of the rights a recording company may need. Further copyright information This approach actively uses the new not cover all issues relating to infringement. It is very important to take some time to think For information on copyright laws visit the technology itself to produce benefits for If you think your work has been copied without about whether a Creative Commons licence websites of the following organisations: Indigenous people. JERMP is placed your consent, we strongly recommend that suits you, and it is a good idea to get legal • Australian Copyright Council at at the Jumbunna Indigenous House of you consult a lawyer. advice. Creative Commons provides this advice: www.copyright.org.au Learning Research Unit where the Creative Commons caution research charter is focused on developing Creative Commons licences are non- • Arts Law Centre of Australia at Creative Commons is an American organisation Indigenous research-driven legal and revocable. This means that you cannot www.artslaw.com.au that encourages creators to consider using less stop someone, who has obtained your work policy advice and interventions. One restrictive copyright. under a Creative Commons licence, from • Viscopy example is a 15-minute documentary88 using the work according to that licence. www.viscopy.com.au Creative Commons aspires to cultivate a created as a strategic response to the You can stop distributing your work under encroaching practical reconciliation commons in which people can feel free to 7. Proper returns and royalties a Creative Commons licence at any time policies of the national government re-use not only ideas, but also words, images, Given that there may be many different you wish; but this will not withdraw any in Australia.89 and music without asking permission – copies of your work that already exist under components in a media work, resolving because permission has already been granted a Creative Commons licence from circulation, ways in which benefits can be shared to everyone.83 be they verbatim copies, copies included among all contributors is a challenge. in collective works and/or adaptations of Media arts 32 Media arts 33 Principles and protocols Principles and protocols
Authors must register to receive monies directly To help filmmakers market their programs to to clearances. Payments are then made Jason De Santolo explains: from CAL. If not registered, the monies may educational institutions and to assist teachers in to artists half yearly. A media collaboration was devised as go to the publisher who is then responsible for getting the most out of their copying licence, For more information on Viscopy, a way to reflect on the ‘documentary’ passing on the author’s share under terms of the Screenrights set up
The Copyright Act has been criticised for not Diversity of Indigenous cultures should be Among steps media artists need to take • Advise the elders or people in authority of recognising the communal ownership of heritage acknowledged and encouraged. Indigenous are the following: the perceived risks and benefits from the material and the continuing right of heritage worldviews, lifestyles and customary laws • Identify appropriate information wider dissemination of their cultural material. custodians to control the use of this material. should be respected in contemporary artistic and authority bodies. • Discuss who should own copyright in the and cultural life. The increasing level of non-Indigenous • Discuss ideas for development of media resulting work, for example the community, the appropriation of Indigenous cultural material has Those working in Indigenous media art are works and projects with relevant people writer, an organisation, or a combination? The compelled Indigenous people to seek greater encouraged to respect that: in Indigenous media organisations and following factors may be taken into account: protection of Indigenous arts, including the call • Indigenous Australians, the Aboriginal and Indigenous arts centres. – nature of the commission for new legislation recognising communal rights Torres Strait Islander people, are the original • Keep appropriate and relevant Indigenous – skill, labour and effort of the writer to culture. inhabitants of Australia. people informed and advised, and where – nature of the subject matter Indigenous artists should be aware that while • Acknowledgment should be given to the possible, provide regular updates. – whether it is a collaboration information gained from an interview is the Indigenous custodians of the country – fee for engagement, whether royalty- cultural and intellectual property of the artist, in a manner preferred by the custodians. 3. Communication, consultation and consent based or a flat fee. the copyright in the resulting article, book, • Indigenous cultures are living cultures. thesis, television or radio program remains with Indigenous people should be consulted on • Ensure that consultation addresses • The diversity of Indigenous cultures should the use and representation of their cultural the communal nature of Indigenous the author (or publisher or producer). The artist be acknowledged and encouraged. can negotiate with the writer, publisher or and heritage material. Communication and cultural expression. Culture varies from Indigenous country consultation is an ongoing process and takes • Make opportunities for the relevant Indigenous filmmaker for a proper credit and a share in any to country and from language groups. money made from the exploitation of the book, time, so prepare to be flexible. Do not expect people to view and comment on proposals or film, for example. The terms of the arrangement • Local community protocols and protocols a reply to a question in a day or week. Each and prototypes of the project. Show the can be incorporated in a written agreement. associated with a specific work should community will need time to consider and consult. community or individual the work prior to always be respected and observed. • Negotiate with Indigenous organisations, public release, and allocate time to incorporate Implementation • Inappropriate or outdated perspectives family members, and individuals relevant their suggestions. and terminology should be avoided. to the project. Remember they have the • Whether you are proposing to record cultural Protocols are about people’s value systems right to choose their own representative. information or wish to license the developed and their cultural beliefs.91 2. Indigenous control • Media artists need to get the consent of work, prior informed consent must be sought Doreen Mellor Indigenous people have the right to self- the relevant Indigenous people. This should for all uses. determination in their arts and cultural affairs. include the consent of writers, storytellers, • If you plan to license the work to other The protocols in this guide are flexible. They have the right to own and control their artists (including next of kin if the copyright companies, ensure that consultation for You can use them to further develop protocols heritage, including Indigenous body painting, for your media art project, program or practice, owner is deceased) and the custodians ongoing use is built into any agreements. stories, songs, dances, images, traditional of traditional knowledge. and particular language group, region or knowledge and other forms of cultural expression. • When focusing on an identifiable individual community. This section tells you how to • Consider how the proposed work might or community, ask for permission to do so. implement the protocols. How can you tell whether someone is accepted impact on or portray Indigenous people. Consult closely and get consent throughout as an Indigenous person? The Australia Council • Consider the risks and benefits of the process. It provides a checklist of practical points to for the Arts currently requires all Indigenous incorporating Indigenous creation stories. • Consider the possibility that you might consider when using the protocols for a media participants to provide a letter of support Discuss the intended use widely with not get consent. art project, or in your own practice. It summarises confirming their Aboriginal or Torres Strait Islander the preceding sections and also offers some relevant individuals, families, language groups • If you intend using archival audio-visual identity from an incorporated Indigenous and people in authority. different and more specific information. organisation. As a guide, you can use the material in your work, discuss this with the • Find out if the particular cultural expression Australian Government’s definition of Indigenous relevant Indigenous people and obtain consent. 1. Respect is suitable for public use or if it is subject identity, which is that the person is of Indigenous The rights of Indigenous people to own and to restrictions. If unsure, discuss with descent, identifies as Indigenous and is accepted control their cultures should be respected. Indigenous custodians. as Indigenous by the Indigenous community. Media arts 36 Media arts 37 Implementation Implementation
4. Interpretation, integrity • Secret and sacred objects are important to The owners of copyright works have the • When reproducing copyright material it is and authenticity Indigenous religious practices. It may be a exclusive right to, among other things, reproduce necessary to get copyright clearance from Indigenous people should have control over transgression of Indigenous law to reproduce the work in a material form, publish the work and the artist. how their material is presented. This means these images. For instance, some cultural communicate the work to the public. • Media artists are encouraged to use written consulting them about art works, which will information may only be learned or viewed Attribution agreements when licensing artworks for impact on the integrity, and authenticity of by men or women, or only after initiation. Indigenous people should be given proper credit commercial purposes. their cultural heritage material. • Speak to elders and/or other Indigenous and appropriate acknowledgment, including • The artist has the moral rights to his or her Seek advice on the correct cultural context for people in authority to identify any sensitive, copyright and royalties, for their role in the artwork, and performers have moral rights the material, particularly for heritage material. sacred or religious issues that might prevent development and use of their cultural material. over their performances. This includes Ask about any restrictions on the material and the the right of integrity, the right of attribution depicting the image, story or event. • Acknowledge Indigenous contributors, exact meaning of any language words if unsure. and the right against false attribution. • Be aware that the inclusion of personal writers, creators, communities and These are some of the questions you need to material may be a sensitive issue. custodians who contribute to the work • There are statutory licensing schemes that ask before creating a media work which uses If individuals, family or language group in any important way. allow copying of certain copyright material under certain circumstances. The relevant Indigenous sources: representatives object – leave it out. • Ask for correct wording of how the person collecting agencies including APRA, Viscopy, • Does it empower Indigenous people? • Many Indigenous communities have or community wishes to be attributed with CAL and Screenrights collect and distribute • Does it depict or expose confidential, restrictions on making public the name and ownership or contribution. royalties to their members. personal and/or sensitive material? photograph of a deceased person. Before • Ensure that proper acknowledgment is • Does it reinforce negative stereotypes? depicting deceased people, seek permission given to the writer and the source community, 7. Proper returns and royalties • Does it adapt or alter the cultural heritage from family or language group representatives. or other relevant Indigenous people. Indigenous people have the right to be paid for material in any way? If so, have you • Discuss issues of interpretation, their contribution and for the use of their cultural Copyright discussed this and gained consent? integrity and authenticity. heritage material. They have the right to control • Creators do not need to register for commercial exploitation of their cultural and • Will the individual or community who is the • If adapting traditional knowledge content or copyright protection. intellectual property. subject of the work get an opportunity to see communally owned material, it is a good idea • Copyright lasts for 70 years from the death the work? to explain the adaptation you propose and • Copyright owners are generally entitled to a of the creator for artistic, literary, musical and • Have their suggestions been incorporated give people time to comment. licence fee or royalties for the use of their work. dramatic works. Films and sound recordings before public dissemination? Media artists should register with collecting are protected for 70 years from when they societies, such as Viscopy, CAL, APRA and • Are there restrictions on performance such 6. Attribution and copyright are made. Screenrights, to ensure they are paid their as where, when, and by whom? Copyright protects: • A person will infringe copyright in a copyright share of royalties. • Are you using heritage material, such as • artistic works work, film or sound recording if he or she • Check that all other rights holders are imagery, music and language, with regard • literary works acknowledged in that registration. to gender, language group affiliations and reproduces it in material form, publishes it • musical works cultural restrictions? or communicates the work to the public, • Have an upfront discussion of the issue of • dramatic works without the permission of copyright owner. copyright ownership of Indigenous material. 5. Secrecy and confidentiality • films, sound recordings • In collaborative works, copyright may be • Negotiate fees and other benefits with the The right of Indigenous people to keep secret • television and sound broadcasts shared with the collaborating artists. contributors and traditional custodians. and sacred their cultural knowledge should be • Ensure relevant Indigenous people share • published editions of works. • The Indigenous artist who incorporates respected. Indigenous people have the right traditional ritual knowledge in his or her artwork in the benefits from any commercialisation to maintain confidentiality concerning aspects The works must be original and must be reduced has a special obligation to the language group of their cultural material. of their personal and cultural affairs. to material form. To be original, for the purpose of when exercising the copyright in the artwork. • Recognise the cultural value of the work. When planning a media artwork consider copyright protection, the author or authors must The cultural contribution of Indigenous whether it exposes secret/sacred, confidential have applied sufficient skill, labour and judgment people to media art should be valued, or sensitive material. to create the work. acknowledged and remunerated. Media arts 38 Media arts 39 Implementation References
• Indigenous cultural advisers should be References 9 T Janke, op. cit. acknowledged and properly remunerated 10 ibid, p3. for their contribution. 1 United Nations General Assembly, • Incorporate any such fees in the project United Nations Declaration on the Rights 11 ibid. budget when applying for funding. of Indigenous Peoples, United Nations 12 United Nations General Assembly, Documents, Human Rights Council, United Nations Declaration on the Rights 8. Continuing cultures A/HRC/1/l/3 29 June 2006. of Indigenous Peoples, United Nations Indigenous cultures are dynamic and evolving, 2 T Janke, Our culture: our future – Documents, Human Rights Council, and the protocols within each group and report on Australian Indigenous cultural A/HRC/1/l/3 29 June 2006. community will also change. Consultation and intellectual property rights, Michael 13 United Nations General Assembly, is an ongoing process. Frankel & Company for Australian Institute United Nations Declaration on the Rights • Be aware that Indigenous people have of Aboriginal and Torres Strait Islander of Indigenous Peoples, United Nations a responsibility to ensure that the practice Studies and the Aboriginal and Torres Documents, Human Rights Council, and transmission of Indigenous cultural Strait Islander Commission, Sydney, 1998. A/HRC/1/l/3 29 June 2006. expression is continued for the benefit of 3 W Saunders, [then] director of the future generations. 14 The Mataatua Declaration was developed Indigenous Branch of the Australian Film at the First International Conference on the • Think of ways of maintaining relationships Commission, Nick Richardson (comp.), Cultural and Intellectual Property Rights for future consultation. The Bush Track meets the Information of Indigenous Peoples, 12–18 June 1993, • Consider future uses of the artwork Superhighway, Indigenous Branch, at Whakatane, Aotearoa, New Zealand. that were not contemplated at the Australian Film Commission, Sydney, A full text of the Declaration is cited online at initial consultation. 1997, p. (iii).
18 World Intellectual Property Organisation, 30 H Anu, consultation interview, 47 See full text of the Copyright Act 1968 (Cth). 63 Section 35 of the Copyright Act 1968 (Cth). Intergovernmental Committee on 14 August 2001. 48 Section 35(6) of the Copyright Act 1968 64 Bulun Bulun & M* v R & T Textiles Pty Ltd Intellectual Property and Genetic 31 V Wright, op. cit. (Cth) states that where the work is ‘made (1998), 41 Intellectual Property Reports 513. Resources, Traditional Knowledge and by the author in pursuance of the terms of The M* refers to a deceased person and Folklore The protection of traditional 32 R Roberts, [then] artistic director, Sydney his or her employment by another person that is how the cultural protocol advises knowledge; Draft objectives and principles, Olympic Committee of the Olympic Games, under contract of service or apprenticeship, speaking of him. WIPO/GRTKF/IC/10/5, 2 October 2006. telephone consultation, February 2002. that other person is the owner of any 65 Section 194(1) of the Copyright Act 1968 19 World Intellectual Property Organisation, 33 V Baxter & K Gallasch, op. cit. copyright subsisting in the work’. (Cth). Intergovernmental Committee on Intellectual 34 J Fraser, op. cit, (email 21 April 2002). 49 Section 176(1) of the Copyright Act 1968 Property and Genetic Resources, Traditional 66 Section 194AA of the Copyright Act 1968 (Cth). Knowledge and Folklore, The protection 35 B L Croft, email correspondence, 8 May (Cth). 2002. 50 Section 33 of the Copyright Act 1968 (Cth). of traditional cultural expression/expression 67 Sections 195AJ, 195 AK and 195 AL of the of folklore; Draft objectives and principles, 36 J Fraser, email to Terri Janke & Company, 51 Section 34 of the Copyright Act 1968 (Cth). Copyright Act 1968 (Cth). WIPO/GRTKF/IC/10/4, Article 3, p19. 6 June 2006. 52 Section 180 of the Copyright Act 1968 (Cth). 68 Section 195AS of the Copyright Act 1968 20 Section 6, Model Law for the Protection 37 N Guivarra as cited in T Janke & N Guivarra, (Cth). of Traditional Knowledge and Expressions Listen, learn and respect: Indigenous 53 Section 31(a) of the Copyright Act 1968 (Cth). of Culture, South Pacific Community, cultural protocols and radio, Australian Film, 54 This refers to the broadcasting of both 69 Australian Institute of Aboriginal and Torres Noumea, 2002. Television and Radio School, Sydney, 2006, sound and visual images on television. Strait Islander Studies, AIATSIS Audiovisual published online at
76 Section 36 of the Copyright Act 1968 (Cth). 89 The Ngiya National Institute of Indigenous Bibliography Janke, T, Our culture: our future – report on Law, Policy and Practice has a commitment Australian Indigenous cultural and intellectual 77 Section 40 of the Copyright Act 1968 (Cth). to bringing together Indigenous researchers A number of documents and papers have property rights, Michael Frankel & Company, for 78 Section 41 of the Copyright Act 1968 (Cth). and Indigenous people with experience been produced to meet the needs of Australian Institute of Aboriginal and Torres Strait particular communities, organisations, 79 Section 41A of the Copyright Act 1968 (Cth). in the public sector to discuss matters of Islander Studies and the Aboriginal and Torres importance for policy makers on Indigenous industries and situations. The following Strait Islander Commission, Sydney, 1998. 80 Section 42 of the Copyright Act 1968 (Cth). matters, accessed 1 June 2006
Quiggin, R, Song cultures: protocols for Contacts ARTS POLICY AND FUNDING Arts Queensland producing Indigenous Australian music, GPO Box 1436 Australia Council for the Arts – Aboriginal Australia Council for the Arts, Sydney, 2002. Brisbane Qld 4001 and Torres Strait Islander arts board ARTISTS ASSOCIATIONS Ph: (07) 3224 4896 Saunders, W & Richardson, N (comp.), PO Box 788 Toll free: 1800 175 531 The Bush Track Meets the Information National Association for the Visual Arts Ltd Strawberry Hills NSW 2012 Fax: (07) 3224 4077 Superhighway, Indigenous Branch, PO Box 60 Tel: (02) 9215 9065 Email: [email protected] Australian Film Commission, Sydney, 1997. Potts Point NSW 1335 Toll Free: 1800 226 912 Web: www.arts.qld.gov.au Snooks & Co, Style manual for authors, editors Tel: (02) 9368 1900 Fax: (02) 9215 9061 and printers, 6th edition, Commonwealth of Fax: (02) 9358 6909 Email: [email protected] Arts Queensland (Regional office) Australia, Canberra, 2002. Email: [email protected] Web: www.australiacouncil.gov.au PO Box 5300 Web: www.visualarts.net.au/nava Cairns Qld 4870 Tel: (07) 4048 1411 Desart STATE AND TERRITORY ARTS AGENCIES Fax: (07) 4048 1410 PO Box 9219 Arts NSW Email: [email protected] Alice Springs NT 0871 PO Box A226 Web: www.arts.qld.gov.au Tel: (08) 8953 4736 Sydney South NSW 1235 Fax: (08) 8953 4517 Tel: (02) 9228 5533 Arts SA Email [email protected] Toll Free (NSW): 1800 358 594 GPO Box 2308 Web: www.desart.com.au Fax: (02) 9228 4722 Adelaide SA 5001 Tel: (08) 8463 5444 Association of Northern, Kimberley and Email: [email protected] Fax: (08) 8463 5420 Arnhem Aboriginal Artists Web: www.arts.nsw.gov.au Email: [email protected] GPO Box 2152 Arts NT (Darwin and the Top End) Web: www.arts.sa.gov.au Darwin NT 0801 GPO Box 1774 Phone: (08) 8981 6134 Darwin NT 0801 Arts Tasmania (Hobart) Fax: (08) 8981 6048 Tel: (08) 8999 8981 GPO Box 771 Email: [email protected] Fax: (08) 8999 8949 Hobart Tas. 7001 Web: www.ankaaa.org.au Toll Free: 1800 678 237 Tel: (03) 6233 7308 Toll free (Tas): 1800 247 308 Ananguku Arts and Culture Email: [email protected] Fax: (03) 6233 5555 Aboriginal Corporation Web: www.nt.gov.au Email: [email protected] 213 Green Hill Rd Arts NT (Central Australia and the Barkly) Web: www.arts.tas.gov.au Eastwood, SA 5063 PO Box 3521 Tel: (08) 8271 6874 Alice Springs NT 0871 Arts Tasmania (Launceston) Fax: (08) 8373 0858 Tel: (08) 8951 1190 PO Box 1186 Email: [email protected] Fax: (08) 8951 1161 Launceston Tas. 7250 Web: www.ananguku.com.au Email: [email protected] Tel: (03) 6336 2349 Fax: (03) 6334 1131 UMI Arts Ltd Web: www.nt.gov.au Email: [email protected] PO Box 1100 Web: www.arts.tas.gov.au North Cairns Qld 4870 Tel: (07) 4041 6152 Fax: (07) 4041 6542 Email: [email protected] Web: www.umiarts.com.au Media arts 46 Media arts 47 Contacts Contacts
Arts Victoria COPYRIGHT COLLECTING SOCIETIES Gadigal Information Service MEDIA AND SCREEN ORGANISATIONS Private Bag No 1 PO Box 966 Copyright Agency Limited Australian Centre for the Moving Image South Melbourne Vic. 3205 Strawberry Hills NSW 2012 Level 15, 233 Castlereagh Street PO Box 14 Tel: (03) 9954 5000 Tel: (02) 9564 5090 Sydney NSW 2000 Flinders Lane VIC 8009 Toll free: 1800 134 894 Fax: (02) 9564 5450 Tel: (02) 9394 7600 Tel: (03) 8663 2200 Fax: (03) 9686 6186 Email: [email protected] Fax: (02) 9394 7601 Fax: (03) 8663 2211 Email: [email protected] Web: www.gadigal.org.au Email: [email protected] Email: [email protected] Web: www.arts.vic.gov.au Web: www.copyright.com.au Goolarri Media Enterprises Web: www.acmi.net.au Department of Culture and the Arts PO Box 2708 Australian Network for Art PO Box 8349 Australasian Performing Right Broome WA 6725 and Technology Perth Business Centre WA 6849 Association Tel: (08) 9192 1325 PO Box 8029 Tel: (08) 9224 7300 Locked Bag 3665 Fax: (08) 9193 6407 Station Arcade Fax: (08) 9224 7301 St Leonards NSW 1590 Email: [email protected] Adelaide SA 5000 Email: [email protected] Tel: (02) 9935 7900 Web: www.gme.com.au Tel: (08) 8231 9037 Web: www.dca.wa.gov.au Fax: (02) 9935 7999 Fax: (08) 8231 9766 Email: [email protected] Island Coordinating Council Email: [email protected] Web: www.apra.com.au PO Box 501 COPYRIGHT AND LEGAL Thursday Island QLD 4875 Web: www.anat.org.au Screenrights Arts Law Centre of Australia Tel: (07) 4069 1446 PO Box 1248 Australian Film Commission – Indigenous The Gunnery Fax: (07) 4069 1868 Neutral Bay NSW 2089 Branch 43–51 Cowper Wharf Road GPO Box 2002 Tel: (02) 9904 0133 Torres Strait Islander Media Association Woolloomooloo NSW 2011 Canberra ACT 2601 Fax: (02) 9904 0498 PO Box 385 Tel: (02) 9356 2566 Tel: (02) 6248 2000 Email: [email protected] Thursday Island QLD 4875 Toll free: 1800 221 457 Toll free: 1800 067 274 Web: www.screenrights.org Tel: (07) 4069 1524 Fax: (02) 9358 6475 Fax: (07) 4069 1884 Fax: (02) 6248 2222 Email: [email protected] Viscopy Email: [email protected] Email: [email protected] Web: www.artslaw.com.au 45 Crown Street Web: www.afc.gov.au Woolloomooloo NSW 2011 Torres Strait Regional Authority Australian Copyright Council Tel: (02) 9368 0933 PO Box 261 National Film and Sound Archive PO Box 1986 GPO Box 2002 Fax: (02) 9368 0899 Thursday Island QLD 4875 Strawberry Hills NSW 2012 Canberra ACT 2601 Email: [email protected] Tel: (07) 4069 0700 Tel: (02) 8815 9777 Tel: (02) 6248 2000 Web: www.viscopy.com.au Toll free: 1800 079 093 Fax: (02) 8815 9799 Fax: (07) 4069 1879 Toll free: 1800 067 274 Email: [email protected] Email: [email protected] Fax: (02) 6248 2222 Web: www.copyright.org.au INDIGENOUS ORGANISATIONS Web: www.tsra.gov.au Email: [email protected] Australian Institute for Aboriginal Web: www.nfsa.afc.gov.au and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Tel: (02) 6246 1111 Fax: (02) 6261 4285 Email: [email protected] Web: www.aiatsis.gov.au Media arts 48 Acknowledgements
Acknowledgments Terri Janke and Company would like to acknowledge the input and guidance of Jenny Fraser in developing the protocol guides and for acting as peer reviewer for the second edition in 2006. Terri Janke of Terri Janke and Company undertook the edit of the 2007 guide. We thank Helen Zilko whose contribution as editor assisted in creating the original suite of five protocol guides in 2002. We acknowledge the contribution of the following people: • Samantha Joseph, (former) solicitor, Arts Law Centre of Australia • Libby Feez, Australian Broadcasting Corporation’s Message Stick • Dr Anita Heiss, author, Curringa Communications. • Mark Leavy, CyberDreaming • Anastasia Charles, Terri Janke and Company • Sonia Cooper, Terri Janke and Company • Brenda L Croft, National Australian Gallery • Doreen Mellor, National Library of Australia • Samara Mitchell, Ngapartji Media Centre, Adelaide • Robynne Quiggin, Vincent-Quiggin Consulting • Brook Andrew, media artist • Helen Anu, performer • Jason Davidson, media artist • Jason de Santolo, media artist • Pauline Lampton, dancer and choreographer • Rhoda Roberts, festival director • Vynette Wright, media artist • Past and present members and staff of the Australia Council’s Aboriginal and Torres Strait Islander arts board and Inter-arts office.