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

An initiative of the Aboriginal and Torres Strait

ISBN: 0 642 47241 6 Islander Arts Board of the Australia Council Performing Cultures: Protocols for Producing Indigenous Australian Performing Arts Indigenous control 19 contents Communication, consultation and consent 20 Duration of consultation on performances 20 Introduction 1 Caution with consultation 20 Using the Performing Cultures guide 2 Interpretation, integrity and authenticity 21 What are protocols? 2 Interpretation 21 What is Indigenous performance? 3 Integrity 21 Special nature of Indigenous performance 4 Authenticity 21 Indigenous heritage 5 Interpretation, integrity and authenticity when recording 21 Current protection of heritage 6 Secrecy and confidentiality 22 Drama principles and protocols 8 Representation of deceased people 22 Respect 8 Secret and sacred materials 22 Acknowledgment of country 8 Personal privacy 22 Representation 8 Attribution 22 Accepting diversity 9 Proper returns 23 Living cultures 9 Continuing cultures 23 Indigenous control 9 Recognition and protection 23 Communication, consultation and consent 9 Common issues 26 Time frames for consultation and consent 12 Welcome to country 26 Complexity of the consultation process 12 Fees and employment conditions 26 Consultation issues for contemporary creators 13 Festival performances 27 © Commonwealth of Australia 2002 Interpretation, integrity and authenticity 13 Resources 28 Interpretation 13 Copyright 29 Development of a dramatic work 13 What is copyright? 29 Performance of a dramatic work 14 How does copyright protect performance? 29 Integrity 14 Writer: Originality 30 Authenticity 14 Robynne Quiggin Copyright protects the expression of the idea 30 Solicitor Secrecy and confidentiality 15 How is performance Terri Janke & Company Representation of deceased people 15 reduced to material form 31 Entertainment, Cultural Heritage Secret and sacred materials 15 Who owns copyright? 31 and Media Lawyers and Consultants Personal privacy 16 Copyright exceptions 31 Attribution 16 Collaborative works 31 Peer Review: Proper returns 16 Communal ownership vs. joint ownership 32 Wesley Enoch Wages and conditions 16 What rights do copyright owners have? 32 Design & Typesetting: Royalties 16 How long does copyright last? 32 L&L Design & Production Continuing cultures 17 What is the public domain? 32 Artwork: joorroo, Darrell Sibosado, 2002 Recognition and protection 17 Rights of performers 33 Photography: Fiona Prince, 2002 Dance principles and protocols 18 Recording performances 33 What are moral rights? 34 Respect 18 Managing copyright to protect your interests 35 Acknowledgment of country 18 Copyright notice 35 IMPORTANT NOTICE - The information included in this guide is current as at , May 2002. Representation 18 This guide provides general advice only. It is not intended to be legal advice. If you have a particular legal Moral rights notice 36 Accepting diversity 19 issue, we recommend that you seek independent legal advice from a suitably qualified legal practitioner. Living cultures 19 When is copyright infringed? 36 Fair dealings provisions 36 Crown use of artworks 36 Library copying 36 Educational copying 37 Further copyright information 37 Copyright collecting societies 37 Follow up 40 Appyling protocols 40 Respect 40 introduction Indigenous control 41 ... Communication, consultation and consent 41 Communication 41 Consultation 41 Performing Cultures guides the reader through many of these protocols. Consent 41 Interpretation, integrity and authenticity 42 Performing Cultures is one in a series of five Indigenous protocol guides published by the Interpretation 42 Indigenous , the Aboriginal and Torres Australia Council’s Aboriginal and Torres Strait Integrity 42 Strait Islander people, are the original owners and inhabitants of Australia. Islander Arts Board. The guides reflect the Authenticity 42 complexity of Indigenous Australian culture, and In Indigenous cultures the artist is a custodian of Secrecy and confidentiality 42 provide information and advice on respecting culture, with obligations as well as privileges. Secrecy 42 Indigenous cultural heritage. Although each of the Confidentiality 42 Indigenous people’s right to own and control their guides address cultural protocols specific to an cultural heritage is known as ‘Indigenous cultural Attribution 42 Indigenous artform, they are shaped by the same and intellectual property rights’. The term is used in underlying principles – the backbone of the Proper returns 43 1 Our Culture: Our Future to refer to those rights as protocols. The five guides in the series are: Continuing cultures 43 they are developing within international law. Since •Writing Cultures Recognition and protection 43 1998, when Our Culture: Our Future was first Common issues 43 published, the term ‘Indigenous heritage rights’ has • Performing Cultures (Drama/Dance) Welcome to country 43 gained more favour in the international arena. In •Visual Cultures ‘ Fees and employment 43 the Performing Cultures guide we use Indigenous • Song Cultures heritage’ to refer to these rights. Festival performances 43 •New Media Cultures Copyright 44 Indigenous heritage comprises all objects, sites The Indigenous protocol guides will have relevance Dramatic and dance works 44 and knowledge transmitted from generation to for everyone working in or with the Indigenous arts generation. Indigenous people’s heritage is a living Recording dramatic and dance works 45 sector, including: heritage. An Indigenous person’s connection with Copyright infringement 45 the land, water, animals, plants and other people is • Indigenous and non-Indigenous artists References 46 an expression of cultural heritage. Writing, • People working within related fields of performing, song, the visual arts and more recently, Indigenous artform practice Bibliography 49 new media, are ways of transmitting Indigenous • Federal and state government departments cultural heritage. Contacts 51 • Industry agencies and peak organisations As primary guardians and interpreters of their Acknowledgments 55 cultures, Indigenous people have well-established • Galleries, museums and arts centres protocols for interacting with their cultural material. • Educational and training institutions New situations also require cultural protocols. • Indigenous media and targeted mainstream media

INTRODUCTION-1 ...

We hope Indigenous people, and those working There is valuable information on protocols Indigenous protocols arise from value systems and What is Indigenous performance? with Indigenous people, will be inspired to use specific to the use of cultural heritage material in cultural principles developed within and across Indigenous performance is an important part of the principles as a framework for developing drama and dance practice. A number of case communities over time. Indigenous culture – ceremony, storytelling, protocols appropriate to their specific drama and studies and commentaries from Indigenous It is important to note the diversity and complexity of celebration, mourning, coming together and telling dance projects, language groups, regions, clans performing arts practitioners identify pitfalls and the many different Indigenous cultures in Australia. of events in Indigenous people’s lives, both past and communities. offer advice. Ways of dealing with issues and cultural material and present. We also hope the guides will spark debate and A further section, Common Issues, covers fees and may differ from community to community. There are Indigenous performance is not easily divided into that additional protocols will be developed across employment conditions, festival performances and also many different protocols across the diversity of categories of traditional and contemporary. In this artforms. Your comments and ideas can be the ‘welcome to country’ protocol which are urban, rural and remote communities. guide ‘traditional’ refers to works that are drawn forwarded to [email protected] or common to both dance and drama. You will also While it is not possible to prescribe universal rules from a pre-existing cultural base. Director, find information here on a number of other protocol for working with Indigenous performers and their Indigenous performance refers to Aboriginal and Torres Strait Islander Arts, documents produced in recent years. communities, there are some fundamental principles • acting Australia Council, The Copyright section contains general information within which to conduct respectful work. PO Box 788, • dancing and advice on the main law in Australia governing The protocols outlined in Performing Cultures are Strawberry Hills NSW 2012. the use and reproduction of the performing arts and shaped by nine principles. The protocols are, • dramaturgy cultural expression. Using the Performing Cultures guide by definition, ways of actioning these principles. • directing Follow up provides a checklist of key points to For example, a cultural protocol to action the Performing Cultures is written as a first point of that is carried out primarily by Indigenous Australian consider when developing protocols for a underlying principle of respect is to acknowledge reference in the planning of a work with Indigenous people, or is based on the cultural expression of performing arts project. It offers different and more the Indigenous custodians of country at the site of practitioners or using Indigenous cultural material. Indigenous Australian people. specific information than the preceding sections. each performance or event. When you need specific advice on the cultural Indigenous performance draws on and embraces a We therefore suggest you use the points outlined issues of a particular group, we recommend that Performing Cultures identifies many specific full range of dramatic styles and forms including: here in the context of the dance or drama and you either speak to people in authority, or engage protocols which can be applied or adapted by copyright sections before developing a checklist for • street theatre an Indigenous cultural consultant with relevant writers, producers, directors, choreographers, your own project or practice. • improvisation knowledge and experience. dramaturgs, dancers, performers, designers, event We have also included a list of Contacts to be managers, arts organisations and others working in •readings The Introduction defines protocols as used in this used as starting points for accessing relevant the performing arts. guide, and looks at the special nature of Indigenous • ceremony people and information. Performing Cultures also aims to formally identify performing arts. • dance performance issues arising from the interaction between The next section, Indigenous Heritage, is an What are protocols? Indigenous cultural concerns and the law protecting • dramatic performance important overview of the issues that inform the It’s easy to get caught up in following the path the rights of artists. The • festivals development of Indigenous protocols. It looks at the ’ of least resistance. We have to go with what s incorporates some but not all of these concerns. Indigenous performance is generally a collaborative complex web of relationships in Indigenous important, not what ’s easy.2 While protocols differ from legal obligations, this process with Indigenous and non-Indigenous Australia, and how this might impact on the Wesley Enoch, Indigenous theatre director planning of a drama or dance project. It also charts guide outlines the current copyright law framework. performers, writers, directors, dramaturgs and international initiatives for the protection of Protocols are appropriate ways of using Indigenous The process of following the protocols supports production specialists working together. Indigenous cultural and intellectual property rights. cultural material, and interacting with Indigenous the recognition of Indigenous heritage rights. A performance may incorporate many different The key sections, Drama Principles and Protocols people and their communities. Protocols encourage It encourages culturally appropriate working artforms. Some of these artforms, including music, and Dance Principles and Protocols, present nine ethical conduct and promote interaction based on practices, and promotes communication between design and the published version of a play, are principles we have developed to support the good faith and mutual respect. all Australians with an interest in the Indigenous covered in other protocol guides in this series. protection of Indigenous cultural heritage. performing arts.

2 -PERFORMING CULTURES INTRODUCTION-3 Special nature of Indigenous performance Indigenous performance has an important place in the transmission of Indigenous culture. It has been a primary means of: •renewing and teaching law and culture Indigenous • ceremony • storytelling •preserving language heritage • entertainment • recording and expressing personal experiences ... • recording and expressing common Indigenous Australian experiences life through his or her relationship with land, • telling Indigenous experience to the wider community waterways, animals and plants, and his or her • celebrating relationships with other people. • showcasing and sharing Indigenous experiences The Indigenous performing arts are an important Aboriginal and Torres Strait Islander people have Performing Cultures outlines the current legal means of expressing Indigenous heritage – past, a well developed and complex web of relationships framework in relation to performing arts. While present and future. based on family ties, clan belonging, language group affiliations and community, organisation protocols for Indigenous performing arts differ from Indigenous heritage, enshrined in Indigenous and government structures. A range of authority legal obligations, it is important to include both legal cultural and intellectual rights, is discussed at length structures exists across urban, regional and remote and cultural obligations in an effort to guide the in Our Culture: Our Future.3 reader towards developing best practice. communities. It is important to acknowledge the The performing arts sector can adopt a ‘best complexity of Indigenous Australia when negotiating Performance is essentially a collaborative process. practice’ approach by encouraging respect for the the use of Indigenous heritage for a performing Only a few dramatic works are completely solo cultures of . It can do this by arts project. productions. This raises many issues for Indigenous acknowledging their innate value, their difference Indigenous Australians are concerned that there performers in the use of cultural heritage and from other cultures, and by respecting Indigenous is no respect for their Indigenous cultural appropriate production of their work. Some issues of ownership and control of Indigenous heritage. concern include: knowledge, stories and other cultural expression in All Indigenous artists are responsible for the wider Australian cultural landscape. Concerns • Who has the right to use Indigenous safeguarding cultural knowledge and expression. include the current legal framework that does not cultural material? They need to ensure that Indigenous cultures, both promote or protect the rights of Indigenous people • Who has the right to speak for the owners of in the past and today, are protected and – particularly to own and control representation and Indigenous cultural material? maintained in their works. In this way these cultures dissemination of their stories, knowledge and other • What is proper treatment of Indigenous cultural can be passed on to future generations. cultural expression.4 material including creation stories, ceremonial There is not one, but many Aboriginal or Torres Strait The process of following the protocols not only dances and other forms? Islander cultures. These cultures have developed over supports Indigenous heritage rights, but also • How is Indigenous performance properly attributed? thousands of years and have been passed down promotes diversity and new initiatives in the from generation to generation. Despite the enormous • Should sensitive material be referred to and performing arts, and culturally appropriate outcomes. impact of the invasion in 1788, Indigenous cultures if so, how? have continued to develop. A person’s connection to • How should real people and real events be dealt Indigenous heritage is expressed in contemporary with in performance? Many other important issues are dealt with in subsequent chapters.

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The Draft Declaration on the Rights of Indigenous Internationally, the World Intellectual Property Our Culture: Our Future • control the recording of cultural Peoples states, in Article 29: Organisation has established an intergovernmental Indigenous cultural and intellectual customs and expressions, the Indigenous peoples are entitled to the committee on intellectual property and genetic property rights refers to Indigenous particular language which may be recognition of the full ownership, control and resources, traditional knowledge and folklore to people’s cultural heritage. intrinsic to cultural identity, protection of their cultural and intellectual discuss intellectual property issues that arise in the knowledge, skill, and teaching Heritage comprises all objects, sites and property. They have the right to special context of: of culture. knowledge – the written nature or use measures to control, develop and protect their • access to genetic resources and benefit-sharing which has been transmitted or For a full list of rights see sciences, technologies and cultural 5 •protection of traditional knowledge, innovations continues to be transmitted from Our Culture: Our Future manifestations, including human and other and creativity generation to generation, and which is genetic resources, seeds, medicines, •protection of expressions of folklore.10 regarded as pertaining to a particular knowledge of the properties of fauna and Indigenous group or its territory. Current protection of heritage flora, oral traditions, literatures, designs and Regionally, a model law for protecting traditional Indigenous people’s heritage is a living visual and performing arts.6 knowledge in the Pacific was drafted and Australia’s current legal framework provides heritage and includes objects, completed in July 2002. The Pacific Regional knowledge, artistic, literary, musical and limited recognition and protection of these rights. The Mataatua Declaration on Indigenous Cultural Framework for the Protection of Traditional performance works, which may be Our Culture: Our Future recommended significant and Intellectual Property Rights, in Article 8, urges Knowledge and Expression of Culture establishes created now or in the future, and based changes to legislation, policy and procedures. Indigenous people to ‘develop a code of ethics ‘traditional cultural rights’ for traditional owners of on that heritage. As yet there has been no formal response to these which external users must observe when recording traditional knowledge and expression of culture.11 Indigenous cultural and intellectual recommendations from the . (visual, audio, written) their traditional and The prior and informed consent of the traditional 7 property rights includes the right to: Much of the rights recognition has been done at an customary knowledge’. owners is required to: industry and practitioner level, through the • own and control Indigenous cultural Draft Principles and Guidelines for the Protection of •reproduce or publish the traditional knowledge development of protocols and use of contracts to and intellectual property the Heritage of Indigenous People (1993) were or expressions of culture support the cultural rights of Indigenous people. adopted by ATSIC’s Indigenous Reference Group • ensure that any means of protecting • perform or display the traditional knowledge or Indigenous cultural and intellectual Across the world, Indigenous people continue to in1997.8 Article 39 states: expressions of culture in public property is based on the principle of call for rights at a national and international level. Artists, writers and performers should refrain • make available online or electronically transmit self-determination Indigenous people are developing statements and from incorporating elements derived from to the public (whether over a path or a • be recognised as the primary declarations which assert their ownership and Indigenous heritage into their works without the combination of paths, or both) traditional guardians and interpreters of their associated rights to Indigenous cultural heritage. informed consent of the Indigenous owners. cultures These statements and declarations are a means of knowledge or expression of culture In January 2002, the World Intellectual Property • authorise or refuse to authorise the giving the world notice of the rights of Indigenous • use the traditional knowledge or expression of ’ commercial use of Indigenous people. They also set standards and develop an Organisation s International Forum, Intellectual culture in any other form. cultural and intellectual property Indigenous discourse that will, over time, ensure that Property and Traditional Knowledge: Our Identity, according to customary law Indigenous people’s cultural heritage is respected Our Future, held in Muscat, Oman, adopted a Declaration recognising that ‘traditional knowledge • maintain the secrecy of Indigenous and protected. knowledge and other cultural practices plays a vital role in building bridges between civilizations and cultures, in creating wealth and in • full and proper attribution promoting the human dignity and cultural identity of traditional communities’.9

6 -PERFORMING CULTURES INDIGENOUS HERITAGE-7 Accepting diversity • National Directory of Aboriginal and Torres drama The Indigenous dramatic arts reflect the diversity of Strait Islander Organisations. Published for experience and cultural context within Indigenous ATSIC and available from Crown Content on communities. It is important for those working in (03) 9329 9800 or www.crowncontent.com the dramatic arts and their audiences to respect If your project involves a visit to Aboriginal lands or the diversity of contributions of Indigenous outer Torres Strait Islands, permission must be principles and performers, writers, directors, dramaturgs and other obtained from the local or Trust, or the Indigenous contributors. Community Council concerned. For a list of relevant authorities consult the National Directory of Living cultures Aboriginal and Torres Strait Islander Organisations. protocols Indigenous cultures are living and evolving entities, Some other useful starting points for inquiries include: not simply historical phenomena. • Aboriginal Land Councils ... Developing a dramatic work often involves • Aboriginal and Torres Strait Islander Commission adapting or reinterpreting traditional or Respect contemporary works. Extensive consultation is •Torres Strait Regional Authority important to identify who has authority to speak for • Island Coordinating Council 14 It is important that anyone working with a work and who can authorise any adaptation. • Australian Institute of Aboriginal and Torres Strait Indigenous works recognise Indigenous Indigenous drama takes many forms, including Islander Studies ownership of the material and provide plays, storytelling and musicals. It can be performed Indigenous control • Indigenous Unit of the Australian acknowledgment of the Indigenous owners. in all sorts of venues from theatres to the street. Film Commission They must also follow the principles of respect Indigenous people have the right to Indigenous drama might include cultural heritage and consultation.12 self-determination in their cultural affairs, and • Indigenous theatre companies such as traditional songs or dances, tell a expression of their cultural material. There are many • Indigenous language centres traditional story belonging to a particular clan, Acknowledgment of country ways in which this right can be respected in the • Indigenous curatorial staff at local keeping or tell the story of a person or community. Indigenous Australians, the Aboriginal and Torres development and production of dramatic works. places, state and national galleries, museums The production of a dramatic work requires the Strait Islander people, are the original inhabitants One significant way is to discuss how Indigenous and libraries collaboration of many people including the of Australia. control over a project will be exercised. This raises •relevant individuals or family members writer, director, actors, dramaturg, technical When organising a performance or festival, it is the issue of who can represent clans and who can • elders and custodians of relevant Indigenous crew and people who provide promotion and respectful to seek the consent of the Indigenous give clearances of traditionally and collectively clans and groups distribution services. custodians of the country where the work owned material. The principles outlined below are a framework for is performed. Speaking to the right people is very important. respecting Indigenous heritage. If consent is given, it is important to acknowledge Indigenous communities, whether regional, urban or Communication, • Respect country and custodians at the site of each public remote, have an infrastructure of organisations and consultation and consent performance or festival. Seek advice from the individuals who can advise on a range of issues • Indigenous control The process of communication, consultation Indigenous community on the preferred manner of – including guidance about locating Indigenous • Communication, consultation and consent and consent may include: acknowledgment. people with authority to speak for specific • Interpretation, integrity and authenticity Indigenous cultural material. • Identifying community members who have Representation • Secrecy and confidentiality For initial contacts we recommend the authority to speak for the Indigenous cultural heritage in the dramatic work. • Attribution Indigenous cultures should be represented in terms following directories. of Indigenous cultural values. It is important to avoid • Discussions with community members, providing •Proper returns • The Black Book Directory 2000 derogatory or outdated perspectives and – Indigenous Arts & Media Directory. Published information about the proposed project, seeking • Continuing cultures terminology. When a non-Indigenous group by Blackfella Films and available from consent to use the Indigenous material, seeking In the following pages, under each of these collaborates with Indigenous performers and the Publication Sales, AIATSIS on (02) 6261 4200 guidance on use, and feedback on proposals. principles, we have suggested protocols for using community, it is best to designate an Indigenous or www.aiatsis.gov.au Indigenous cultural material, and interacting with person to liaise between the groups, and ensure Indigenous performers and Indigenous communities. that cultural protocols are followed.13

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• Accepting that the community may not consent to the project. The most important issues to consider case study case study are consultation, cultural specificity of • Ongoing discussions about the way in which Kooemba Jdarra Indigenous Yirra Yaakin Noongar Theatre the work will be developed, performed the collaboration, the relationship with the community and we also think very Performing Arts Individuals and presented. carefully about the context the work is Using a cultural consultant ‘In some instances our work has An increasingly popular addition to this kind of later toured in’. 15 The play, Luck of the Draw, tells the focused on telling the life story of an consultation is the hire of an Indigenous cultural individual person. After consultation story of some members and family of consultant or advisor to work with the cast and with the broader community, we usually the Stolen Generation. When Kooemba crew. This is an important part of the production find the individual is the best person to The following case studies are examples of Jdarra, an Indigenous theatre company of dramatic works for both Indigenous and do the consultation and we leave the consultation by Indigenous artists and directors based in performed the play, community consultation to that non-Indigenous performers. with community. the company hired an elder from individual. The contract, in those cases, A cultural advisor will provide important Cherbourg to advise the cast and crew gives royalties to the individual and to 17 information on the protocols relevant to the on cultural issues. the family members who were consulted. particular dramatic work. case study Consulting with community Communities When Kooemba Jdarra presented The Dreamers In 1999, we wanted to develop work Going to the Island, about the based on the traditional stories about case study In the 2002 season of The Dreamers, Minjerribah community on Stradbroke waterways in the south-west of Western directed by Wesley Enoch, the theatre Island, consultations with the community Australia. We knew families from that Marrugeku Company company Company B employed Lynette commenced at the writing stage. area who had those stories, so we went ‘Marrugeku have worked in this Narkle, Associate Director at Yirra Yaakin A non-Indigenous writer based at and talked to them. They in turn, Indigenous community for five years. Noongar Theatre, as cultural advisor. Kooemba Jdarra initiated consultation advised we talk to others – and this of And through working here for that time Enoch worked closely with the family of the with the community course unearthed more stories. we have developed a set of ethics. playwright, the late Jack Davis. The play through the Indigenous theatre group We spent about 6–8 months talking to So when we worked on Crying Baby we involved references to Western Australian members. Drafts of the play were sent to the owners of those stories. The work we could go through a process that was Indigenous cultural material, and Lynette the community to be checked for produced in 2000 was called Djildjit. very explorative. This would be very was contracted to ensure that the proper accuracy and to seek the community’s It’s not unusual for any of our works to inappropriate in another community or cultural protocols were followed.16 creative contributions to the work. be developed over an eighteen to twenty at another time in this community. Although the process of production was month period before production starts. Collaborations are very culturally more time consuming, it resulted in a Advising non-Indigenous organisations specific and [are] based on the history production which everyone was happy on consultation protocols and the amount of time taken between with. The Stradbroke community felt a the company and the community. great sense of ownership of the work We were asked by a non-Indigenous festival organiser on how to conduct Different communities will require and supported it enthusiastically during consultation for a performance in a different ways of working, so the most the performance. remote area. We told them the names important part is to have strong ethics Kooemba Jdarra have developed strong of the families who were responsible for and consultation. community consultation protocols for that area. They consulted with a few production of their work, and Going to families, but stopped when they had a the Island was a great example of majority in agreement. We advised the successful operation of their them that they needed to talk to all the cultural protocols.18 families, not just a majority.’19

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Time frames for consultation For example, when Dallas Winmar was Consultation issues for Interpretation, integrity and consent writing Aliwa, Aunty Dot Collard got sick, and contemporary creators and authenticity Effective consultation is rarely achieved in a single the process had to wait until she got better. Contemporary Indigenous actors, dancers, meeting. The quality of the process of consultation When they were in and Jack Davis directors, choreographers and those who 21 Interpretation will be crucial to the development of a respectful, passed away, they had to wait again. collaborate with them are creators of Indigenous authentic work. Rachael Swain of Marrugeku Company describes culture. Creation of culture has many aspects. Development of a dramatic work the nature of consultation. One role of society’s creators is to value ongoing Consultation should be undertaken within the time During collaborative projects it is important to ’ cultural obligations and to keep culture active and frames of the Indigenous community or individual. It s a lot about time, and some of the old men recognise, remunerate and acknowledge ’ vibrant through practice. Another widely accepted This may require that funding bodies or other were working with, like Thompson (Yulidjirri), Indigenous participants who contribute to the ‘ role of creators is to observe and comment on groups working on the project are alerted to the last time we worked together he said, Well, cultural authenticity and integrity of a work. importance of the process and time frames. what’s really important is that we work really society’s ways and directions. It is common practice to require actors to take on slowly. If we do the wrong thing some of us Comment might include depicting sensitive Non-Indigenous funding bodies need to realise the role of cultural advisors in the development of that the process is the most important thing. might get sick. We have to work so slowly that issues, practices or trends in the community. ’ authentic and appropriate dialogue and themes. Funding bodies say: ‘Product! Product! we can find out if that happens while we re Indigenous director Wesley Enoch regards this as ’ Indigenous actors get used as cultural Product! It’s Indigenous Australian theatre!’ working, and then we know we ve gone the an important role: consultants all the time. They are told: ‘You Yes, well it is, but the process has to be done wrong way and [can] start going a different One of the roles of theatre is to confront and know about your community’. In effect they are the right way.20 way. We have to work so slowly that we keep question the status quo, otherwise we risk 22 ’ 24 asked to double as consultants. For instance, in touch with each other as we go ... confining the role of theatre to ‘celebration’ only. if they see faults in the script or set design, Complexity of the consultation process Paul MacPhail of Yirra Yaakin Noongar Theatre talks Another role of creators is to interpret works in the if they feel that it’s not authentic or the scene Consultation can be very straightforward, but about developing productions with community input. contemporary context. Existing works are makes them feel uncomfortable, they tend to frequently it is more complex. It is not enough to Yirra Yaakin ensures that all dramatic works increasingly developed and reinterpreted in the come up with suggestions to make it more find just one person who will agree to the project or are performed in the community first. For contemporary context, according to the style of ‘culturally appropriate’. a particular interpretation of a work. It will generally example, One Day in 67 by Michelle Torres is particular artists. Issues such as whether a work is to Indigenous actors are paid and credited with be necessary to discuss the project widely with clan based on events in Broome. Consultation was be reinterpreted or reproduced close to its original acting, but they are doing the job of actor/ or family members, and to get advice from several conducted with Michelle and the community. form have legal, artistic and cultural implications. scriptwriter cultural and community consultant.25 people to establish the custodian of material. It is The work was performed in Broome four Copyright owners of a work should be consulted for also important to remember that consultation and months before its Festival of Perth season. permission to perform or adapt a work. Artistic and The collaborative nature of performance means that consent processes include the option for Indigenous many people contribute to the work. Performers may The play Solid, which is about Aboriginal cultural issues need to be determined in consultation people to say ‘no’. have strong ideas on character development and people from the Kimberley and the south-west with the people associated with the work. styles of performance. In a practical sense, it may The consultation process is ongoing over a period of , was first performed in Indigenous creators in the performing arts often be too difficult to accommodate all suggestions. of time. It is often not a ‘one off’ consent. It may be the Kimberley, then toured the south-west consider their responsibilities to their communities a continuing process of working with the traditional before its Festival of Perth season. We leave and cultures. It is important to consider how a work Wesley Enoch says: owners as the production develops. about four months between performances in might be received by the particular community It is still the writer who has to choose what to It may take two years to develop a work the community the work is from, and the depicted in the work, and also by the wider take on and what to reject in their pursuit of a because people have to meet their cultural performances in Perth or other locations, community. The impact on any identifiable better script/performance … As a course of obligations. There may be a death in the so we can work with the input we get from individuals, communities and Indigenous people in action, the employment of a cultural consultant 26 family and people have to attend. the community.23 general are essential considerations for responsible as a single focus point is the best option. performing arts creators.

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Performance of a dramatic work Integrity In the Torres Strait, for instance, phrases or accents Secrecy and confidentiality The context in which a dramatic work is performed are distinctive among certain Island clans. Respect Some Indigenous material is not suitable for wide is very important to the authenticity and integrity of for authenticity and integrity would require dissemination on the grounds of secrecy and the work. For instance, when performing a song or comment acknowledgement and consultation on the form to 30 confidentiality. It is the responsibility of the project other cultural material in an Indigenous language, it Yirra Yaakin be adopted in performance. The use of the Dhari, the Torres Strait Island traditional headdress, would organisers to discuss any restrictions on use with the is important to establish the nature of the song, know When a non-Indigenous company require permission, proper consultation, and respect relevant Indigenous groups. what it is about and perform it in its correct context. licenses production of a work developed for authentic use in any performance.31 Helen Anu says: by an Indigenous theatre company, it is Representation of deceased people very important that protocols are put in Performing a song in the wrong context can place for the use of the work. For Some film makers include a warning at the ridicule that work. There are many songs that instance, our first performance of a new case study beginning of a film to alert viewers that the film are not appropriate to be performed at a work is for the Indigenous people the contains people who have passed away. 27 Marrugeku political venue or meeting, for instance. work is about. While dramatic works are not permanent and fixed in the same way as films, representation of When a new company subsequently Development performs the work, the same Indigenous Marrugeku develops their work within deceased people may arise, and warnings could case study people should be shown the work and the Indigenous community. be used in programs, published editions of plays and announcements prior to a performance. invited to make suggestions about the ‘The works are devised and performed Marrugeku new production. This is essential to in the remote community. They are Secret and sacred material Impact of context on a performance ensure that the authenticity and shaped by that community’s sense of integrity of the work is maintained. ‘We think very carefully about the ways humour. We create them for that Another important issue is access to and use of our work is presented also. We turn The protocols need to recognise that Indigenous audience and then later we secret and sacred material. down a lot of touring work we get when a non-Indigenous company adapt them for an urban audience. The reproduction or unauthorised use of secret and offered if the context for presenting the licenses the use of an Indigenous work, This is not the way it is normally done. sacred material may be a transgression of work is not appropriate. We have found they are not just buying the performance Normally a work is developed in an Indigenous law. that particularly in Europe there is an rights; they are required to engage with urban environment and adapted to the ‘Secret and sacred’ refers to information or material ‘exotifying’ of Indigenous culture. the Aboriginal community. The theatre remote community. We do it the other company that originally developed the that, under customary laws, is: We don’t go unless we feel that the way around. presenter has enough understanding to work needs recognition for their role in • made available only to the initiated 29 We find that urban audiences will contextualise the work properly. We feel facilitating the engagement. often struggle to understand the • used for a particular purpose that is a big part of our responsibility. dramaturgical and dramatic motifs from • used at a particular time We take on how the work is seen and the country in which the work was toured, how it is contextualised, when it • information/material that can only be seen and Authenticity developed and we often provide is shown and where it is shown’.28 heard by particular clan members (such as men Giving proper consideration to authenticity and material to help them understand’.32 or women or people with certain knowledge) integrity means respecting any customary law or cultural obligations associated with the work.These Anyone proposing use of material that might be include gender, correct language, sensitivity to the Development of authentic work with respect for restricted according to Aboriginal law or custom context the work’s performance, and respecting cultural integrity can sometimes mean that the process should find out and obey rules relating to that cultural norms in promotional material (such as is time consuming and labour intensive. ‘As an cultural material. posters). Proper regard to these factors will help Indigenous theatre company, we can’t just pick a protect the Indigenous cultural property from misuse play off the library shelf. We have to develop new or exploitation. Indigenous writers and that can be a long process.’ 33

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Personal privacy Proper returns Continuing cultures The personal privacy of Indigenous people should If a company licenses use of work to be presented be respected. Personal or confidential information Wages and conditions must not be disclosed without permission from the by another group – for example, re-staging a play, Apart from the usual wages and allowances for people who would be affected by the disclosure. the agreement should be clear on any protocols travel and accommodation, Indigenous writers, Ask the individual, community or relatives of to be followed during the re-staging process. performers and directors may have specific cultural the individual for permission. Observe close For instance, the company which originally requirements which must be met if they are to consultation processes. developed the work may require that the source participate in a work. For instance, some community or particular contributors view the work Disclosure of personal information about a Indigenous participants may have particular dietary prior to public performance, or be credited at each person who has passed away should be cleared or medical requirements that must be met if they are performance. In addition to these protocols, the with the family and community. to spend extended periods away from home ownership of the material should be clarified. There are a few guiding principles for creative – touring for example.35 development of contemporary works and Performers are also familiar with the seasonal nature Recognition and protection responsible representation of Indigenous culture. of their work, and it is an important factor when • How will your work affect the Indigenous person negotiating wages and conditions. ‘A cheque has Yirra Yaakin Noongar Theatre is developing the or group it is based on? to go a long way!’36 concept of ‘branding’ for their dramatic works. • Does it empower them? While Yirra Yaakin invests the time, effort and Royalties financial resources in proper consultation, frequently • Does it expose confidential material? Royalties are paid as a percentage of either the they are not attributed when the dramatic work •Does it reinforce negative stereotypes? box office or the sale of the work. Writers generally reaches the national or international stage. Effective receive royalty payments on the first season. branding of a Yirra Yaakin work will increase Attribution Directors, dramaturgs, designers and in some recognition of the company when a work is licensed instances, actors, may receive royalties on the first and toured by a larger company. It will also It is very important to acknowledge Indigenous 39 season, but often they are not paid royalties until indirectly increase returns to the company. contributions to dramatic works. subsequent seasons. Attribution can include: Royalties may be negotiated by individuals and •credit for the custodians of traditional stories or included in contracts. In some cases royalties are motifs used in the work paid to the community which has participated in • attribution of the community or individuals who the work.37 contributed through the consultation process Royalties are also paid to the originating theatre • attribution of Indigenous cultural consultants and company when it licenses the performance others who have participated or contributed rights to the work. Generally a small Indigenous cultural information during the development and theatre company will license to a larger performance of the work non-Indigenous theatre company. At present there is In the Kooemba Jdarra’s production of Going no recognition in the royalty structure for the effort, to the Island, the participation of the community time and cost to Indigenous theatre companies of was an important part of the publicity for the consultation and adherence to cultural protocols in 38 production, and the community was acknowledged the development phase. in the program.34

16 -PERFORMING CULTURES PRINCIPLES AND PROTOCOLS-17 Kooemba Jdarra Indigenous Performing Arts has promoting that culture through dance dance followed the Indigenous protocol in the local performance, film and recordings.43 Brisbane area, where it is located, and does not Speaking to the right people is very important. 42 teach or perform dance as part of its repertoire. Indigenous communities, whether regional, urban or remote, have an infrastructure of organisations and Accepting diversity individuals who can advise on a range of issues principles and There is great diversity of Indigenous dance forms – including guidance about locating Indigenous and styles among Indigenous communities. people with authority to speak for specific Inspiration for new dance forms includes personal Indigenous cultural material. experience and observations, new ways For initial contacts we recommend the of telling the story of an individual, family or protocols following directories. community, and research and revival of Indigenous ... dance styles. Acceptance by audiences of this • The Black Book Directory 2000 – Indigenous diversity is an important contribution to fostering Arts & Media Directory and published by creative endeavour and cultural development. Blackfella Films. Available from Publication Representation Sales, AIATSIS on (02) 6261 4200 or Living cultures Indigenous cultures should be represented in a www.aiatsis.gov.au manner preferred by those cultures. Avoid Indigenous cultures are living and evolving entities, • National Directory of Aboriginal and Torres Indigenous dance takes many forms including derogatory or outdated perspectives and not historical phenomena. Where a dance is to be Strait Islander Organisations. Published for storytelling, ritual and entertainment, and may terminology. Where development of a dance interpreted or adapted from traditional or ATSIC and available from Crown Content on combine with other artforms such as drama and production requires non-Indigenous collaboration on contemporary dance forms, it is important to identify (03) 9329 9800 or www.crowncontent.com the person with authority to speak for that dance. visual arts. the work, it is best to designate an Indigenous If your project involves a visit to Aboriginal lands person to liaise between the groups, and ensure This may take extensive preliminary consultation. Dance productions are generally collaborative or outer Torres Strait Islands, permission must be that cultural protocols are followed.40 works involving the expertise of dancers, obtained from the local Land Council or Trust, or the choreographers, artistic directors, production crew Australia’s premier Indigenous dance company, Indigenous control Community Council concerned. For a list of relevant , has a strong commitment authorities consult the National Directory of and others. Indigenous people have the right to to cultural protocols in the development of dance. Aboriginal and Torres Strait Islander Organisations. self-determination in their cultural affairs, and For instance, Bangarra developed a formal expression of their cultural material. Some other useful starting points for Respect agreement with the Munyarryun clan of north-east One significant way in which this right can be inquiries include: While Indigenous customs and practices may Arnhem Land for permission to perform and adapt respected is to discuss how Indigenous control • Aboriginal Land Councils vary across Australia there are some fundamental the clan’s dances. over a project will be exercised. This raises the principles of respect. • Aboriginal and Torres Strait Islander Commission When we went into creative development for issue of who can represent clans and who can our full length piece in 1997, Fish, we drew •Torres Strait Regional Authority Acknowledgment of country give clearances of traditionally and collectively up a formal agreement which stated that the owned material. • Island Coordinating Council Indigenous Australians, the Aboriginal and Torres Munyarryun clan give their consent for use of Most Indigenous dance steps and combinations of • Australian Institute of Aboriginal and Torres Strait Islander people, are the original inhabitants their traditional dance and song (which uses dance forms belong to particular clan groups. Strait Islander Studies of Australia. the Yirritja language in its raw form) and [that] Permission from clan owners is required to perform • Indigenous Unit of the Australian Film Commission these materials would used by Bangarra. When organising a dance performance or those steps and dances. festival, it is respectful to seek the consent of the We’ve been in a very fortunate position • NAISDA Dance College Peter Cleary from Aboriginal Indigenous custodians of the country where the because Djakapurra (Munyarryun clan member) • National Aboriginal Dance Council of Australia Corporation in Mornington Island states: work is performed. and his sister Janet, are actually working with (NADCA) us – so we don’t have the problems of going The community would strongly declare their If consent is given, it is important to acknowledge • Indigenous language centres back and forth, checking the way material is right to the exclusive use of all songs and country and custodians at the site of each public being used and isn’t distorting any of its true dance steps that derive from their homeland, • Indigenous curatorial staff at local keeping performance or festival. Seek advice from the meanings or transgressing any protocols. and do object strongly to exploitation by any places, state and national galleries, museums Indigenous community on the preferred manner They are constantly overseeing this through outside people. At the same time they are not and libraries of acknowledgment. their very presence.41 isolationists and have freely engaged in

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Communication, Interpretation, Authenticity consultation and consent case study integrity and authenticity The important nature of dance in Indigenous culture means that where permission is given to perform, Wik-Mungkan Dance In the use of traditional dance, it is essential to Interpretation special regard must be given to authentic use of the obtain the informed consent of Indigenous owners Ronne Arnold from the National steps and styles. It is important for performers and choreographers to of the traditional work prior to any performance or Aboriginal Islander Skills Development Association (NAISDA) travelled to Arukun respect the cultural protocols of the performers and We were participating in a workshop and recording of a dance piece. to learn and study the dances of the the custodians of country in the development and there was a non-Indigenous person teaching us There are many examples of failure to consult and Wik-Mungkan people. He was a guest in performance of dance. a dance step. We were being taught a seek consent prior to use. The result is appropriation their country for three weeks before they particular way, and I knew that the style in that …for example, we were dancing and Rachael of dramatic works, including stories and dance steps. began to teach or show him their dances. country was not that way. The women do not (the artistic director) wanted us to try a He says, ‘You must wait – you must not dance with a heel strike in that country. So we 46 traditional boy’s move on the stilts. Because we get impatient and you must wait’. sat down and told the woman teaching that weren’t set characters like women spirits or men we would not dance that way, and that we case study spirits or any spirits yet, I didn’t want to do it would only dance the proper way.52 Woomera Aboriginal Corporation because the old ladies were watching us and I thought it might be disrespectful to them, to see In the Torres Strait, permission must be sought The Mornington people have experienced Caution with consultation a woman doing their men’s dance. I asked before performing a Torres Strait Island dance. appropriation of their work through Consultation is not a guarantee of consent but it is Rachael and she said you’re not really anything It is important to show particular care when recordings of their cultural property. an essential first step. ‘Some members of our community are yet; you’re not a man or a woman in character using traditional instruments, and respect for Consultation may be a complex process and may very wary of this and it inhibits their style. But it felt wrong. She said if it felt wrong ownership of dances and music by clan willingness to bring out their culture take considerable time. It may not be sufficient to you don’t do it. Even if you don’t know what’s groups on different islands.53 publicly outside the community. talk to one person. It may be necessary to talk to right and you’ve got doubts you can talk to each many family or clan members in order to achieve We have in the last few years taken other which I think is the best thing about our Interpretation, integrity and proper consent from the custodian of the material. action against recording companies 44 company because we all seem to get around authenticity when recording which subcontracted recordings of our Woomera Aboriginal Corporation has strong the problems by sitting down and having a big Indigenous dance is not always easily recorded 48 songs in composite CD releases overseas community consultation methods, but states that no meeting and talking. using the usual methods, such as labanotation.54 without any notification, authorisation or system is without potential problems. 55 financial contract … It has taken years to Ronne Arnold, dancer and teacher at NAISDA We try to work through our committee and Integrity settle this matter, but it remains a described his experiences when he was taught the informally with families and elders. potential problem because the world The context of a dance performance must also be dances of the Wik-Mungkan people in northern This however doesn’t always happen when marketplace is so vast’.45 appropriate. In relation to Torres Strait dance . Ronne explained that labanotation is individuals may be away, working remote from Helen Anu says, ‘Performing a dance in the wrong very useful for recording Indigenous dance, but the community. Another problem identified is cultural context can ridicule the dance and its proper notation of Indigenous dance utilises a 49 that sometimes an individual can give consent cultural meaning. particular aspect of the labanotation method. Duration of consultation on and then it turns out not to be group consent.47 Teaching Torres Strait Island dancing must be ‘ performances In general, Western dance is recorded by focusing done with close regard to accuracy and context. mainly on the steps. Indigenous dance is most 50 As with drama, consultation processes for use of For educating – you have to get it right. It is not accurately recorded by focusing on the actions of Indigenous dance may take some time. enough just to give an exhibition of the dance; the dance. Correct notation is important to protect it must be accompanied by the history and the integrity of the dance’.56 acknowledgment of the traditional custodians of the dance.’ 51

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Film is also a very valuable method of recording ‘Secret and sacred’ refers to information or material Proper returns Recognition and protection dance. It is important to consider issues of copyright that, under customary laws, is: ownership, storage and administration of film access • made available only to the initiated Resolving ways in which benefits will be shared is once the dance is recorded. As with all recordings often made complex by the number of people and • used for a particular purpose case study of Indigenous cultural material, it is important to groups contributing to the final dance production. • used at a particular time discuss these issues with custodians and dancers. It is important that proper returns be flexible and Woomera Aboriginal Corporation If a recording is made and stored, it is important to • information/material that can only be seen and include, but not be restricted to royalties or fees. ‘Grappling with copyright legislation accurately label the recording with the names of the heard by particular clan members (such as men and having things in material form has dances, the dancers, time and place so that future or women or people with certain knowledge). urged the Mornington Island community viewers of the film are aware of its content. This is comment to create material forms of songs. Personal privacy In the last two years we’ve been an important aspect of respect for cultural practices. Mornington Island Dancers For example, if a dancer or other person depicted The personal privacy of Indigenous people should evolving a Lardil Songs Register. This is ‘We wanted to get something back from on the film passes away, family and community be respected. Personal information should not be only for notation of songs, nothing to working together with professional members can make informed decisions about future disclosed without permission from the people who do with ceremony. Ceremony stuff stays people in a theatre; learning about ’ use of the film.57 will be affected by the disclosure. This may be relevant out of it completely; it s just for the lighting, sound, discipline and doing to portrayal of people’s lives in dances, and to songs that are performed in public. yoga. There were amazing things publicity, promotional material and media releases. They’ve sat down, written it all down, Secrecy and confidentiality happening in the process’.59 and created recordings, so that when Disclosure of personal information about an Marrugeku Company the lawyer comes to see us, it’s all there Some Indigenous material is not suitable for wide Indigenous person who has passed away should – who dreamt the song, what country ‘ dissemination on the grounds of secrecy and also be cleared with the family and community. Everyone in the Marrugeku Company they’re from, who’s connected with it, ’ confidentiality. It is the responsibility of the gets the same wage, that s our way of thereby creating a structure of where ’ choreographer, dancers and those working on the Attribution acknowledging everyone s skills. the song belongs in the community’.61 project to discuss any restrictions on use with The community receives a royalty of 3% when the show is sold. Sometimes relevant Indigenous groups. Woomera Aboriginal Corporation have developed the community has asked that its a policy for attribution of individuals contributing to royalty be paid in particular things the Bangarra Dance Theatre has developed contractual Representation of deceased people performance of a traditional work. member may feel [they] need rather arrangements recognising cultural contributions to In many Indigenous communities, the reproduction 60 As dancers and singers we have engaged in than a cash payment’. their work. Bangarra contracted Djakapurra for the of names and images of deceased people is collaborative performance in which traditional role of cultural advisor and teacher. The following offensive to Indigenous beliefs. The deceased works were integrated with contemporary outlines the structures developed by Bangarra. person’s family or community should be consulted pieces. This was under the supervision of so that the appropriate protocols are observed. elders, and was done on the understanding Continuing cultures that the performance pieces were exclusive to Cultures are dynamic and evolving, and the Secret and sacred materials the production and could only be performed protocols within each group and community will The reproduction or unauthorised use of sacred with Mornington Island people. Choreography change. It is important to consider how relationships or secret materials may be a transgression of was attributed to the new choreographer and with a community or individual can be maintained Indigenous law. Lardil elders if it incorporated part of the for future consultation. For instance, consultation traditional body of work. No dramaturg, may be needed if a production is to tour overseas, choreographer or artistic director will be given or to be filmed. separate rights where any traditional material is involved.58

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case study NADCA/s Strategic Plan 1998-2002, Aboriginal Dance’. The pilot program will National Aboriginal NADCA states the following: take place in the Western Sydney Region and involves participation from NSW Bangarra Dance Theatre Priority 2. Cultural Maintenance Dance Council Australia NADCA members, Aboriginal Cultural ‘The intellectual property for the cultural and Protection (NADCA) Dance teachers, Department of Education knowledge and material which is being NADCA recommends that all Government representation, Aboriginal Education used obviously still resides with the Cultural Protocols on and non-Government organisations promote Assistant’s (AEAS) and other Aboriginal Munyarryun community and the clan. Aboriginal Dance and support the ideology of cultural Community elder representatives who will The contract we have with them is maintenance, cultural protection and cultural workshop and have input to the formulation The National Aboriginal Dance Council almost like a licence whereby we agree development within all Aboriginal and Torres of this document. to use that material in certain ways in Australia (NADCA) is a collective voice for Strait Islander Dance policies and activities. Indigenous . NADCA Initially, the document will be used within certain performances. Because most of Aboriginal and Torres Strait Islander people the school system, and NADCA will continue aims to provide and maintain a national the time the traditional material is being have practiced and observed customs that to consult various elders, cultural dance integrated into contemporary network to support Indigenous dance in have reflected their ecosystem. Dance has teachers and community members in each performance, or is being adapted in a its many forms and to advocate and played a significant role in the development state, and add to and amend the working contemporary way, the fee we pay to lobby on behalf of dancers nationwide. of community cultural life and education. document ‘Cultural Protocols on Dance’ until It is the maintenance and protection of Djakapurra in his role as cultural NADCA is committed to preserving and it can be recognised by NADCA as being dance that will allow us to continue the consultant is almost like a ‘cultural promoting awareness for Aboriginal accurately relevant to Aboriginal Dance on a dance both nationally and internationally. sacred and spiritual binding link with our National level. design’ fee. ancestors with future generations. At the 2nd National Aboriginal Dance NADCA are committed to the development Apart from the specific dances and songs The teaching of dance to children and youth Conference in Adelaide, 1997, the of a ‘Cultural Protocols on Aboriginal Dance’ which are being used, there’s an overall has been a key element in the maintenance NADCA Steering Committee considered document as it will ultimately contribute to infusion of the Munyarryun clan’s culture and protection of a culture which ensures the following statement: NADCA fulfilling its Primary Objective, which in the work. In terms of actual copyright, the survival, retention and development of is the maintenance, preservation and when we commission the broader The Law/ dance within our communities. promotion of Aboriginal dance, as stated in choreographer and composer, we enter Kuarna word is "Munaintya" Priority 2 from NADCA’s Strategic Plan NADCA’s Mission Statement below: into a relationship with them as a sub- ‘Munaintya’ (the law/the dreaming) 1998-2002, highlights the critical In Australia, dance and music play a commission. The amount of is the base of importance of the need for accuracy in significant role in Aboriginal community contemporary choreography versus our core, of our being - spirit - life developing documents pertaining to Cultural cultural life and education. The National traditional movement, and the amount Protocols and in NADCA’s case, specifically Aboriginal Dance Council (NADCA) is Aboriginal Dance must come from of synthesised contemporary music Cultural Protocols on Aboriginal Dance. committed to promoting awareness and the ‘Munaintya’ and draw its versus traditional song is something During NADCA’s existence and presenting respect for Aboriginal dance both nationally reasons - rationale - history worked out during the creative processes of a number of conferences and forums, in and internationally. NADCA aims to assist - roots - base between the choreographer and particular the bi-annual National Aboriginal and support Aboriginal individuals, for being from the "Munaintya" communities, professional and non- Dkakapurra, and the composer and Dance Conference, Cultural Protocols on Dance has been a major topic for professional groups and organisations, Djakapurra. So we have contractual After much discussion, NADCA then discussion. From these discussions, NADCA government and non-government institutions relationships with the clan for the overall adopted the following Vision Statement: have noted a number of Cultural Protocols and organisations in the maintenance work and then with the artists that we Aboriginal dance comes from the relating to dance in reports from past preservation and promotion of commission. They in turn have a well spring of law and the dreaming National Aboriginal Dance Conferences. Aboriginal dance. relationship with any other collaborators, and is essentially connected to the NADCA are currently in the process of ’ 62 who, in this case, is Djakapurra . core of our spiritual life and the developing a pilot program to formulate a renewal of our Mother Earth document on ‘Cultural Protocols on © 2002 National Aboriginal Dance Council Australia Reproduced with permission of NADCA

24 -PERFORMING CULTURES PRINCIPLES AND PROTOCOLS-25 Negotiating appropriate conditions for performance of Indigenous works can be difficult. Waiata Telfer, case study event coordinator notes: Marrugeku Company I had an ordeal in negotiating the rate of pay ‘Get all the paperwork before you let for people performing their traditional dance. them put a camera on you. We very The assumption was that Aboriginal people seldom let anyone record and when we performing traditional dances did not rely on do, we are very careful about it. Our this as their mode of employment (bread and contract says our performance can only butter) and wouldn’t have to go through high be recorded for under three minutes level training to attain the knowledge to and the recording can only be used common issues dance, and therefore weren’t deemed as once. This is pretty standard. important to pay as say an opera singer for Mostly we don’t let people take their ... the same amount of time.63 own photos of the performance either. We will give them our own photos. Not all performers wish to be paid at the award rate. Some Indigenous people suggest that the We are very careful and we have a Fees and employment reputation for being quite tough when award rate does not include recognition of the we negotiate performing at festivals. We conditions nature of Indigenous performance. It was suggested don’t agree to work at a festival unless that rates of pay should include an amount which Industry standards for performances can be we know there is a resonance between Welcome to country obtained from the Media, Entertainment and Arts recognises the additional cultural element in the vision of festival and the vision of Indigenous performance.64 Recognition of Indigenous protocol, acknowledging Alliance (MEAA). The MEAA also provides our work. It can get really bad really another clan’s ownership and seeking permission information on GST for performers, industry fast, so generally we are very tough to be in another’s country, has become widely safety guidelines, choosing an agent and other Festival performances because we have been burned. We have a name for being tough but we put in a recognised over the last few years. This recognition useful information. The rights to record performances at festivals, and lot of time trying to get everyone to includes acknowledgment and adherence to the Industry bodies generally negotiate standard 66 to use that recording later, is another important issue understand what the issues are’. cultural protocols of the traditional owners. It may conditions for different categories of performers. for Indigenous performers. be expressed in a Welcome to Country given by • Actors Equity has recently negotiated standard a respected community member or elder, or other Copyright in the recording will generally belong to rates for repeat broadcasts of performances. ceremony preceding an event or function. the company or individual who makes the • The Entertainment and Broadcasting Industry recording. Performers whose work is recorded do It is important to correctly identify the recognised case study – Dance Company Awards set out awards for not share in the copyright, but the owner is required community representative for the occasion. In some different ages, rates for rehearsals, touring to gain permission from the performer for any future Mornington Island Dancers areas, dislocation of Indigenous communities allowances, penalty rates, and superannuation use of the recording. For example, the performer ‘In contracts with festivals we are often has led to discussions over traditional boundaries for dancers. will generally be given a contract which provides asked to assign limited recording and and ownership. In such cases a cultural advisor or broadcast rights to our performances ’ for a set portion of the performance to be recorded cultural liaison project officer can advise on the • The Performers Certified Agreement 2000 and used once for a fee. for promotion and other purposes community, community representative and protocols – 2002 sets out rates of pay for categories closely related to the festival event. to be followed. of theatre, variety, different ages, rehearsal This has not been abused to our rates, meal allowances, superannuation, knowledge, but seems not to recognise In some instances, Indigenous organisations are travelling allowances, and rates of pay for the special care and attention offering contemporary alternatives to the Welcome special attendance at publicity events. warranted by traditional owners ... to Country. In the urban area of Brisbane, Often contracts need additional Indigenous performers are providing a qualifications in this area so that control 65 Contemporary Celebration which includes is not lost on traditional dance and Indigenous performers such as the Indigenous song items’.67 Women’s Choir, Indigenous rap performers, an opera singer and three dancers. The Celebration includes acknowledgment of traditional owners and Indigenous ancestors.

26 -PERFORMING CULTURES COMMON ISSUES-27 Issues of authenticity and integrity also arise in •Terri Janke, Our Culture: Our Future – Report on festival performances. Australian Indigenous Cultural and Intellectual We had problems negotiating the numbers of Property Rights, Michael Frankel & Company, people to invite, because the dances and Solicitors, for the Australian Institute of Aboriginal songs needed a particular amount of people and Torres Strait Islander Studies and the for the presentation to maintain its cultural Aboriginal and Torres Strait Islander Commission, integrity. The festival budget couldn’t cater for Sydney, 1998. the cultural needs of the groups, therefore the • Taking the Time – Museums and Galleries, Cultural artistic and cultural integrity of the overall event Protocols and Communities, A Resource Guide, was compromised on a daily basis.68 Museums Australia (Qld), 1998. • Previous Possessions, New Obligations, a policy copyright Resources document produced by Museums Australia in 1994 provides a way for museums to approach ... A number of protocol documents have been Indigenous cultures. A plain English version produced in recent years to meet the needs of with case studies has been published. particular communities, organisations, industry and What is copyright? • Aboriginal and Torres Strait Islander Protocols for situations. The following are selected as useful guides Libraries, Archives and Information Services, The Copyright Act 1968 (Cth) provides that for people working in the performing arts sector: the author of a work is the copyright owner.71 compiled by Alex Byrne, Alana Garwood, It is important for people working in the performing • Lester Bostock, The Greater Perspective: Protocol The author of a dramatic work may be the writer, Heather Moorcroft and Alan Barries for the arts to develop an understanding of copyright so and Guidelines for the Production of Film and or authorship may be shared between the writer(s), Aboriginal and Torres Strait Islander Library and they can negotiate their rights. This can include the Television on Aboriginal and Torres Strait cultural advisors, and the custodians of any Information Resources Network. right to license the use of their work. Islander Communities, Special Broadcasting Indigenous material used in the work. Services, 2nd edn, Sydney, 1997. Copyright in a dramatic work lasts for 50 years This means that the creator has the rights over use after the death of the author of the work. • Indigenous Arts Protocol: A Guide, developed and development of the work. Anyone seeking to Copyright in a recording of a work lasts for by the Indigenous Arts Reference Group, use, copy or develop adaptations of the work must 69 50 years after the recording was made. A writer, NSW Ministry for the Arts, 1998. have the creator’s permission. director, choreographer or other copyright owner •Terri Janke, Doing It Our Way: Contemporary may enter into agreement to license the use of the The Copyright Act is the main law in Australia Indigenous Cultural Expression in New work. The agreement will include the fee, term of that governs the use, production and dissemination South Wales, NSW Ministry for the Arts, the licence, purpose and nature of rights granted. of literary, artistic, dramatic and musical works. Sydney, 2002. There are no special laws for the protection of Copyright owners might need to consider who they • The National Aboriginal Dance Council of Indigenous heritage. want to control the copyright and who will benefit Australia (NADCA) is developing a pilot from any royalties after the author’s death. program to formulate a document about cultural How does copyright protocols on Aboriginal dance. Initially the Performers should also be familiar with their legal document will be used within the school system, rights to recordings of their performances. protect performance? and NADCA will continue to consult until the This section provides some general copyright Copyright is a legal protection that aims to provide document is considered relevant to Aboriginal information for indigenous artists and is intended as the author of a work with the right to exploit or use dance on a national level.70 a guide only. For specific legal advice we the work, and to prevent others from exploiting it recommend consulting a lawyer. without the author’s permission. In the case of performing arts, copyright protection exists in the dramatic work. It may also exist in any literary work such as the text of the play, any musical work which is part of the performance, a recording of the work and any adaptation of the work.

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A dramatic work is a work that is intended to be by copyright. There is scope for this reasoning to Who owns copyright? performed. The Copyright Act defines a dramatic be applied to dances and songs. Collaborative works The owner of the copyright in a dramatic work is work as a choreographic show, or other dumb generally the author.78 Another issue impacting on the ownership of show (mime for example), or a scenario, a script for Copyright protects the expression dramatic works is the collaborative nature of a film, but not the film itself.72 Film is protected of the idea Indigenous cultural material is frequently owned performing arts. A dramatic work such as a play is communally, rather than by individual authors. under a separate part of the Act. Copyright protects the expression of an idea but not often workshopped by writers, actors, directors, The Copyright Act provides for copyright in works the underlying idea. As Peter Cleary explains: dramaturgs and others. Copyright will protect the to be held jointly. The contributors to a work can be Although copyright does not protect ideas, sometimes A song may be dreamt by one person but work of the author, who is generally the playwright, listed next to the © symbol and the year the work the difference between a mere ‘idea’ and the ‘written others may have strong associated rights but will not allocate any rights to other people was produced. In this way, copyright ownership by expression’ of the idea is not always clear-cut. according to the subject matter of the song or whose ideas were drawn upon. country, story or place associated with the a number of people can be recognised and Courts have considered a number of cases where Under the Copyright Act, a ‘work of joint dreaming. Individual ownership is not enforced if there is an infringement or dispute. a party alleges that their dramatic work has been ownership’ refers to a work produced by the practically carried on beyond the death of the The Copyright Act also provides that in some cases, copied. In deciding this question, the courts have collaboration of two or more creators, where each originator but songmen of the clan group may where the author of a dramatic work is employed, considered evidence relating to the creation of the creator’s collaboration is not separate from the have a strong say over the songs of their the copyright in dramatic works will be owned by works and the question of originality of the work, contribution of the other creator(s). forebears. There seems to be acceptance of the author’s employer. These are works that are particularly the ‘combination of the principal The creator must contribute to the work by way of old songs as belonging to a form of collective produced under a contract of employment. It is situations, singular events and basic characters’.75 effort, skill and labour. It is not enough to inspire or Lardil ownership.79 possible to modify this arrangement by contract The court has held that: ‘In general there is no make suggestions. The custodians of cultural images between the employer and the author, prior to the copyright in the central idea or theme of a story or are generally not recognised as the legal copyright 73 Copyright exceptions writing of the work. play, however original it may be; copyright subsists owners of an Indigenous artwork which depicts Authors who are commissioned to write a work in the combination of situations, events and scenes Although rights granted under copyright generally clan cultural images. should exercise care when negotiating an which constitute the particular working out or belong to the author of the work, there are some Each creator in a work of joint ownership owns agreement to ensure they retain copyright in the expression of the idea or theme. If these are totally significant exceptions. copyright in the resulting work. This means that each completed work. different, the taking of the idea or theme does not •Where the work is produced under a contract creator must obtain the consent of the others before If performance or dance companies enter constitute an infringement of copyright’.76 of employment, copyright will belong to exercising any of their rights under copyright. 80 agreements with a funding body for development the employer. Where more than one person collaborates and How is performance reduced to of a work, the company is advised to check the •Where a work is produced under the direction contributes to a work, copyright may be held by material form contract and be certain about who owns the or control of the Crown, copyright may belong these people jointly, as tenants in common. intellectual property in the work. In general, copyright protects works that are to the Crown.81 This means that if one of the contributing creators recorded in some way. The work must be in a •Where copyright has been assigned under a dies, his or her interest passes to his or her Originality permanent and tangible form.77 This may be in the written agreement, the agreement may specify beneficiaries rather than to the other collaborator(s). written word, notation, sound recordings, video Copyright protects works that are original. In the who owns copyright. One collaborating creator cannot authorise use of past, it was thought that Indigenous works or other film recording. This is described as being a jointly produced work without the permission of reproducing pre-existing themes were not ‘original’ ‘reduced to a material form’. the co-owner(s). because they were handed down through the Issues can arise in Indigenous traditional In the performing arts, there are often many 74 generations. In the Carpets Case, the judge knowledge, dance, designs and stories that are collaborators on a particular work. To avoid any recognised that each artist contributed his or her orally or ephemerally transferred. These are not in future disagreements, the participating creators own skill, labour and effort to bring originality to his material form and are not automatically protected should discuss copyright and proposed use of the or her artwork. Hence, the artworks were protected under copyright laws. work prior to commencement of the project.

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Where there is a dispute over the rights in a work, (v) make an adaptation of the work One example is recordings of Indigenous dance • Reading, reciting or delivering a literary work, legal actions other than copyright, such as breach (vi) make an adaptation of the original dramatic work made by early anthropologists, and which are now or part of a literary work, or improvising a of confidence and passing-off laws, may provide and then reproduce, publish, perform in public, stored in archives and libraries. Fifty years after a literary work. An example of this kind of some protection from copying of elements depicted or communicate to the public this adaptation.83 recording is made, copyright expires and the work performance could be storytelling. in a work. is in the public domain. It no longer has any An important exercise of these rights is the right of • Performance of a dance. copyright protection. For example, recordings made copyright owners to negotiate a licence agreement • Performance of a circus act or variety show.89 Communal ownership vs. before 1952 are now in the public domain. joint ownership allowing others to use the work in one or more of The following types of performance are exceptions It should not be assumed that all rights of these ways. For instance, a theatre company may 90 In Bulun Bulun v R & T Textiles,82 the court to the above-mentioned protection: negotiate a licence with a producer for the Indigenous people to the recorded performance considered that traditional Indigenous works • Performances of works for educational purposes. exclusive right to perform a dramatic work for a have lapsed just because one recording of it is in containing ‘traditional ritual knowledge’, handed This means performance by a teacher or student number of years. Performers have a more limited set the public domain. More recent recordings of down through generations and governed by where no box office fee is charged.91 of rights as detailed below. traditional performances by Indigenous actors or Aboriginal laws, are not works of joint ownership. dancers, and recordings of adaptations of • Reading, reciting or delivering the news. Under Aboriginal laws the entire community may Indigenous performance will be protected by • Performing a sporting activity. have an interest in the particular work and its How long does copyright, and reproduction may infringe copyright. knowledge and expression, but copyright does not • Participation as part of an audience. copyright last? Woomera Aboriginal Corporation in Mornington recognise the group as the owners. Performers have the right to authorise the recording Copyright protects works for a limited period. Island are in the process of recording versions of The individual author is recognised as the copyright or broadcast or re-broadcast of their performances. Copyright in a script or labonotation 84 of a dance, their cultural material so they will hold contemporary owner and may have a special obligation to the 87 In practice this means that performers are required to for example, lasts for fifty years after the death of versions in material form. clan to reinterpret the copyright in the art, in ways sign clearance forms or agreements which authorise the writer.85 After that time, the work is considered that are consistent with Indigenous law. Depending the owner of the recording to use of the work. to be in the public domain. on the circumstances, this obligation can be Rights of performers This right to authorise use gives performers some enforceable in the courts. Copyright in a recording of a work generally lasts The Copyright Act 88 provides rights for performers bargaining power in setting their rates of pay and 86 for fifty years from the date of the recording. in their live performances. Performers’ rights are conditions or work. What rights do copyright different to copyright. Performers’ rights are What is the public domain? generally the right to consent to the recording, or Recording performances owners have? broadcast of any recording, of a performer’s work. It is important to have and check agreements for Once copyright lapses, a work is said to be in the The copyright owner of a work has the exclusive The right applies in the following categories: recordings of dramatic and dance works. It is public domain. The law no longer provides rights right to make decisions about the copyright. advisable for performers, prior to signing any to the copyright owners to prevent others from •A performance (including an improvisation) The copyright owner also has the exclusive right to clearance agreements for the recording, to consider exploiting their work. Indigenous customary law or part of a performance of a dramatic work, earn money from the use, reproduction and any limits they may want to put on the use of generally provides that rights to culture exist forever, including a performance using puppets. publication of the work. The copyright owner of a recordings of their work. If performers fail to specify and according to customary law, it may be An example of this kind of performance is dramatic work such as the playwright, can do all or acting in a play. limits on use, they will not be able to prevent necessary to get permission from the Indigenous unlimited broadcast and changes to the recording any of the following acts: •A performance or part of a performance, owners even though legally, the dramatic work is in being made. (i) reproduce the work in a material form the public domain. including an improvisation of a musical work. If a performer only wants the recording to be (ii) publish the work The operation of the Copyright Act creates a This includes singing and playing a musical instrument. broadcast once, or only to a particular audience (iii) perform the work in public number of problems when it comes to protecting they must specify those terms in the agreement. Indigenous performance. (iv) communicate the work to the public (this includes broadcasting and the Internet)

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It is advisable for individuals and performance • When selecting illustrations or photos for The potential of moral rights to increase copyright Some works use the words ‘All Rights Reserved’. companies to check their entitlement to royalties promotional material, consult with the writer, protection for Indigenous performance has not been This is not necessary but if you are publishing in under the agreement to record, and to check choreographer, performer or director and other fully explored, but it is hoped that it may provide some South American countries it may be whether there are any protocols they wish to be Indigenous people to check cultural some additional protection. advisable. If you think that your work will be first respected for recording or broadcast. appropriateness of the image. published overseas seek advice from a suitable The following issues should be considered prior Managing copyright to practitioner on appropriate wording. to making a recording: What are moral rights? protect your interests The following is an example of a copyright notice • If recording communally owned performance for a script: In December 2000, moral rights were introduced advise traditional custodians and other people in As copyright exists as soon as a script is written © Wesley Enoch, 1999*. into the Copyright Act. authority and seek permission for recording. down, it is not a legal requirement to register * The date of creation or the date the work was These new laws provide the following rights to copyright. However, certain precautionary practices • It should not be assumed that traditional first published. individual creators of dramatic works: can provide good warning to potential infringers Indigenous music or performance is in the public If your performance includes songs, copyright and notify them of where to get prior permission domain. It is necessary to consult with relevant • The right to proper attribution for the author notices should also be given on any written 92 to copy. Indigenous people for permission to use or of the performance. material. The following is an example of a distribute recordings. Royalties should be paid. • The right not to have authorship falsely It is important to keep good records of your works. copyright notice for a song: 93 For example, if producing a play, write down your • Performers, writers, choreographers, directors attributed. For example, if someone other All songs written and performed by Terri Janke. script or record it by film. and traditional custodians should be attributed at than the author is attributed as the author, the © Terri Janke, 1999*. all stages, including use of the copyright notice true author may take action for infringement of Label all reproductions of the work clearly with the * The date of creation or the date the song was and attribution of a clan group. moral rights. following information: first published. • Indigenous performers should be provided • The right of the author to integrity of • title of the script Notice of creative contributors other than the 94 an opportunity to consider any cultural authorship. This is the right to bring a legal •writer scriptwriter may also be appropriate: action if a work is treated in a ‘derogatory obligations before negotiating a contract or • date created Directed by: Wesley Enoch manner’, resulting in a material alteration of the entering into agreements relating to the Produced by: Theatre Company work which prejudices the author’s reputation.95 • copyright owners performance. For example, website publication Choreography: Robynne Quiggin of a performance may expose the expression to For example, if a dance or other dramatic • if applicable, cultural group or clan The following is an example of a copyright notice greater appropriation. work is performed without permission, in a When authorising others to reproduce your works for clan owned traditional stories: • Where possible, cultural obligations should be manner that is harmful to the reputation of the make sure that you use written agreements and Traditional story: Torres Strait Islands included in an agreement. creators or authors of the dance, the creator keep records of the rights you have granted. Ask for may have an action for infringement of his or copies of any programs. This version: © A. Murray, 2002. • When entering into an arrangement for the her moral right of integrity. It is important to note This performance is made with the permission commercial recording of Indigenous that if the author of the dramatic work consents Copyright notice of the clan. It may not be reproduced in any performance, it is recommended that there be a to the use of the work, they cannot bring an You should also include a copyright notice. form without the permission of the writer and written contract outlining the terms of the action.96 Also, if the person who subjected the A copyright notice provides information about uses the clan concerned. arrangement and obligations of the parties. work to derogatory treatment can show that the that are acceptable and includes details about It may also be prudent to include warnings against Indigenous performers should be given the treatment was reasonable in all the circumstances, contacting the copyright owner for consent to use filming in brochures and programs for example: opportunity to consider contracts and obtain then it is not an infringement.97 in other material. proper legal advice. WARNING: Any unauthorised recording or Moral rights are only held by individuals. There is broadcasting of this performance is prohibited. still no legal recognition of communal ownership of Indigenous cultural material.

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Authorised recordings of performances often carry Exceptions to copyright infringement are Educational copying a warning such as: detailed below. Educational institutions such as schools and APRA – Performing rights WARNING: Copyright subsists in this recording. universities can make multiple copies of print for composers Fair dealings provisions Any unauthorised sale, rental, hire, material, and copy television and radio programs The Australasian Performing Right broadcasting, public performance or re- Then argument of fair dealings can be a defence to for education purposes. They must however pay Association (APRA) administers the recording in any manner whatsoever will allegations of copyright infringement. It does not statutory licence fees to the relevant collecting performing rights in music of constitute an infringement of copyright. constitute an infringement of copyright in the work if societies. Performing arts practitioners who are composers, songwriters and publishers it is used for: For more information on recommended copyright copyright owners should be aware of these in Australia and New Zealand. 100 wording for publications, see the Style Manual for • research or private study purposes schemes, as there may be royalties payable in These are the rights of performance in Authors, Editors and Printers.98 • criticism or review, whether of that work or of certain circumstances. Contact APRA, AMCOS, public and communication to the public. another work, and a sufficient acknowledgment CAL, Screenrights or Viscopy where applicable. The rights of performance in public occur Moral rights notice of the work is made101 mostly when music is played on radio, television, music venues, other venues If your work is to be distributed in New Zealand • the purpose of, or associated with, the reporting Further copyright and Britain, it is also a good idea to include a that play music (including incidental of news in a newspaper or magazine, and a information music) and businesses (including online notice asserting your moral rights such as: sufficient acknowledgment of the work is made; businesses) that use music. The creator(s) assert their moral rights. or it is for the purpose of, or is associated with, For general information on copyright laws see the The right of communication to the the reporting of news by means of broadcasting following websites: public includes any method of 102 When is copyright infringed? or in a cinematograph film • Australian Copyright Council communicating music to the public • judicial proceedings or of a report of judicial www.copyright.org.au including TV, radio, Internet, cable It is an infringement of copyright to copy or deal proceedings, or for the purpose of the giving of •Arts LawCentre of Australia services and other media. with a copyright work without the consent of the 103 professional advice by a legal practitioner www.artslaw.com.au APRA also manages the reproduction copyright owner. rights licensing business of the A person will infringe copyright in a musical, Crown use of artworks Copyright collecting societies Australasian Mechanical Copyright dramatic, artistic and literary work if he or she The Crown may use a copyright work without Most copyright owners lack the time and necessary Owners Society (AMCOS). reproduces it in material form, publishes it, or permission of the copyright owner where the use bargaining power to manage and exploit their For more information about APRA visit communicates the work to the public, without made is ‘for the services of the Crown’. The artist is copyright works. Several collecting societies have their website www.apra.com.au permission from the copyright owner.99 still entitled to payment for use and the Government been established in Australia to manage and administer For musical, dramatic and artistic works, it is also must contact him or her as soon as possible to the copyright of its members for a fee, or share of the an infringement to adapt the work. negotiate this. royalties. Some of them such as CAL and Screenrights have a legislative basis for collecting royalties. Others It is not necessary to copy the whole of a work. It is Library copying are voluntary organisations which artists are required also an infringement to copy a substantial part of a to join. APRA, AMCOS, CAL, Screenrights and work. A substantial part of a musical work does not Libraries and archives can make copies of Viscopy are the most relevant collecting societies for necessarily refer to a large part of the work. The copyright works under certain circumstances in 104 copyright owners in dramatic or dance works. court will look for striking similarities between the accordance with statutory procedures. original work and the infringing copy, and access the quality of what was taken. It is also an infringement of copyright to import copies of a copyright infringing recording into Australia for sale or hire.

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AMCOS – Mechanical rights CAL – Copyright Agency Limited Screenrights Viscopy The Australasian Mechanical Copyright The Copyright Agency Limited (CAL) is Screenrights is a copyright collecting Viscopy is the copyright collecting Owners Society (AMCOS) can an Australian statutory collecting society for producers. society for visual artists in Australia and administer the mechanical rights (the agency whose role is to provide a Screenrights manages rights on behalf New Zealand. Established in 1995, right to record a sound onto record, bridge between creators and users of of copyright owners in film and Viscopy is the main point of contact for CD or cassette) and the synchronisation copyright material. television, licensing the use of their work those wishing to clear copyright for the right (the right to use your music on a CAL collects and distributes fees on in circumstances where it is difficult or reproduction of artistic works. video or film soundtrack). behalf of authors, journalists, visual impossible to do so on an individual Viscopy has about 2000 Australian AMCOS can administer the right to artists, photographers and publishers, basis. Screenrights also administers the artist members, half of which are reproduce written music, for example the operating as a non-exclusive agent to educational copying licence. Indigenous artists and their estates. original notation or lyrics for a song. The license the copying of works to the This allows educational institutions to Viscopy negotiates copyright-related rights are assigned to a music publisher general community. copy from radio and television, transactions between the artist and the and anyone who then wishes to copy the CAL administers licences for the copying provided they pay a fee to copyright user for reproductions of artistic work in work must seek permission of the music of print material by educational owners. Screenrights monitors copying, advertising, publications, newspapers publisher and pay royalties for that use. institutions, government agencies, collects money and distributes this and electronic media such as television, Exceptions include educational purposes. corporations, associations, places of income to the copyright owners. cinema, the Internet and CD-ROM. When music is used in a film or worship and other organisations. In addition, Screenrights collects Viscopy handles associated contracts, television show, composers should Authors must register to receive monies royalties being held by other societies negotiations, legal requirements and ensure that the producer makes a cue directly from CAL. If not registered, the administering rights in their territories. the distribution of royalties. There is no sheet listing the music on the soundtrack, monies may go the publisher who is All money collected is distributed to the membership fee to join Viscopy. which should then be submitted to then responsible for passing on the copyright owners after deduction of However, an administrative charge APRA for royalty payment. author’s share under terms of the administrative overheads. applies to clearances. Payments are APRA and AMCOS license people and publishing contract. For more information on Screenrights then made to artists half yearly. companies who want to use music, For more information on CAL visit their visit their website www.screen.org For more information on Viscopy visit and then distribute the licence fees website www.copyright.com.au Screenrights has also established their website www.viscopy.com.au to members. a website for educators at For more information on AMCOS visit www.enhancetv.com.au their website www.apra.com.au Enhancetv lets teachers know about upcoming programs relevant to their curriculum and provides teaching resources for using television and radio in educational contexts.

38 -PERFORMING CULTURES COPYRIGHT-39 Indigenous control •Have you advised elders or people in authority of the perceived risks and benefits from the Indigenous people have the right to wider performance of their cultural material? self-determination in their arts and cultural affairs. •Will the community or individual who is the • Indigenous people have the right to own subject of the play see it prior to public and control their heritage, including Indigenous performance, and is there time allotted for body painting, stories, songs, dances, incorporating their suggestions? images, traditional knowledge and other forms of cultural expression. Consultation • Identify appropriate Indigenous information and • Consultation should address the communal follow up authority structures. nature of Indigenous cultural expression. • Discuss your ideas for performances and project • Has sufficient time been allowed for ... with Indigenous dance schools, associations, consultation? Be flexible with time and Indigenous theatre companies, Indigenous understand that the consultation process may be • Secrecy and confidentiality media organisations. lengthy. Do not expect to have a reply to a question in a day or a week. Each community • Attribution • The current practice of the Australia Council requires all Indigenous participants to provide a will need a reasonable period of time to •Proper returns letter confirming their Aboriginal or Torres Strait consider and consult within their communities. Applying the protocols • Continuing cultures Islander identity from an incorporated Indigenous •Are you planning to write a play that depicts an Protocols are about people’s value systems • Recognition and protection organisation. identifiable individual or community? If so ask and their cultural beliefs.105 • When engaging Indigenous contributors to the individual, community or relatives of the Respect participate in a project, the Aboriginal and individual for permission, and observe close The protocols in this guide are flexible. You can use Torres Strait Islander Commission (ATSIC) consultation and consent throughout the process. them to develop protocols for your performing arts People working in the performing arts are definition of Aboriginal identity can be used •Are there plans to license the work to another project, program or practice, and language group, encouraged to respect that: as a guide. company? Are there consultation processes built region, clan or community. • Indigenous Australians, the Aboriginal and Torres • Keep appropriate/relevant Indigenous people into any agreements for ongoing use? It is important to read all the preceding sections of Strait Islander people, are the original informed and advised, and where possible, • Consultation is as an ongoing process for the life Performing Cultures before applying the protocols. inhabitants of Australia. provide regular updates. of the performance, the work, and the company. Follow up can then be the main point of reference • Indigenous world views, lifestyles and customary when returning to the guide at a later date, or in laws should be respected in contemporary Consent the planning stage of an Indigenous performing arts Communication, artistic and cultural life. Seek the consent of the storytellers or writers project or program. • Indigenous cultures are living cultures. consultation and consent (including next of kin if deceased) and the traditional Follow up provides a checklist of key points to • Indigenous culture is diverse. Culture varies from custodians for use of their cultural material. consider when developing protocols for a performing Communication Indigenous country to country and from clan to clan. • Has the consent of the relevant Indigenous arts project, or in your own performance practice. Indigenous people should be consulted on the use people been obtained on all issues raised in the It offers different and more specific information than • Indigenous people should be represented by the and representation of their Indigenous heritage. communication and consultation process? the preceding sections. We therefore suggest you appropriate Indigenous people and in a manner • Have you considered how the work might use the points outlined here in the context of the they approve. •Are you proposing to adapt or alter, record or impact on or portray Indigenous people? dance or drama and copyright sections. • The cultural contribution of Indigenous people license the work? Prior informed consent must be • Have the relevant Indigenous people been sought for all uses. The following principles are a framework for to a performance should be valued, consulted on the proposed project? Is there one respecting Indigenous cultural heritage: acknowledged and remunerated. • It is important to avoid disclosing sensitive person or a clan who has authority to speak for • Local cultural protocols and protocols associated information without discussion and consent. • Respect a particular work? Have they been consulted? with a work should always be respected Disclosure about a person who has passed • Indigenous control and observed. • Is the particular story or music acceptable for away will be very sensitive. • Communication, consultation and consent public use, or is it subject to restrictions? • Interpretation, integrity and authenticity If unsure, discuss with Indigenous custodians.

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• Confidential information must not be disclosed •Are you using heritage material such as imagery, • Ask for correct wording of how the person or • Have cultural protocols been considered and without permission from all the Indigenous music and language with proper regard to community wishes to be attributed with included in any future licence agreements for people affected by the disclosure. gender, clan affiliations and cultural restrictions? ownership or contribution. use of a work? •Have you considered the possibility that there may be no consent to your proposal? Secrecy and confidentiality Proper returns Recognition and protection Secrecy Indigenous people have the right to be paid Indigenous people have the right to protect Interpretation, integrity Indigenous people have the right to maintain for their contribution and for use of their their heritage. and authenticity confidentiality about their personal and cultural affairs. Indigenous heritage • Has copyright protection for a work been sought? • The right of Indigenous people to keep secret • Have fees or other benefits been • Have the owners of copyright in a work Interpretation and sacred their cultural knowledge should be negotiated with the writers, performers, been identified? Be responsible for your representations of respected. Secret and sacred refers to choreographers, directors, cultural advisors • Has the Indigenous theatre or dance company Indigenous cultures. information that is restricted under customary law. and traditional custodians? considered ways of branding its work to ensure • Is the cultural value of their work recognised in • How will your work affect the Indigenous group Confidentiality it is always recognised as the source company? it is based on? financial returns? • Does the performance expose confidential or •Written releases and contracts are the best way • Does it empower Indigenous people? • Have Indigenous cultural advisors been sensitive material? of ensuring that rights are cleared for intended acknowledged and properly remunerated for use. The Arts Law Centre of Australia has draft • Does it depict or expose confidential, personal • Be aware that the inclusion of personal material their contribution? agreements available for members. It is a good and/or sensitive material? may be sensitive. If it is objected to by family or • Has registration with APRA been completed? idea to seek independent legal advice on •Does it reinforce negative stereotypes? clan representatives, leave it out. Are all other holders of rights acknowledged in written releases and contracts. • If depicting deceased people, seek permission Integrity that registration? from the family or clan representatives. Discuss •Are you proposing to adapt or alter the cultural issues of interpretation and authenticity. •Will Indigenous custodians share in the Common issues heritage material in any way? benefits from any commercialisation of their • It is a good idea to speak to elders and/or cultural material? Welcome to country • Have you discussed this and gained consent? other Indigenous people in authority to identify • Check whether benefits other than royalties, such •Will the individual or community who is the sensitivities, sacred material or religious issues in • Has this Indigenous protocol been followed? as branding of a work or sharing of skills, are subject of the work get an opportunity to see the the depiction of images, stories and events. • Has consultation included identifying the also sought by Indigenous people. work prior to public release? Have their traditional country and traditional owners? • Recipients of Australia Council grants are suggestions been incorporated? Attribution • Has the traditional owner been remunerated? encouraged to use written contracts and seek Authenticity Indigenous people should be given proper credit and legal advice. Fees and employment appropriate acknowledgment, including copyright • Seek advice on the correct cultural context for and royalties, for their role in the development and •Are performers remunerated in accordance with the performance material and the correct cultural use of their Indigenous cultural material. Continuing cultures industry standards? context for heritage material. • Be sure to attribute the performance to all Indigenous people have a responsibility to ensure •Are performers remunerated for the cultural • Ask about any restrictions on the material, and the Indigenous custodians, the source community, that the practice and transmission of Indigenous element of their work? exact meaning of any language words if unsure. writers, actors, dancers, directors, designers, cultural expression is continued for the benefit of •Are there any restrictions on performance such choreographers, technical personnel and future generations. Festival performances as where, when and by whom? cultural consultants who contributed to the work • Is it appropriate to film, photograph or record at all stages. the performance?

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• Have performers been advised and consulted on • The author of a literary, musical or dramatic Recording dramatic and dance works Copyright infringement uses of any recordings of a festival performance? work has the exclusive right to: • When recording a dramatic or dance work it is •A person will infringe copyright in a work if he • Have written clearances from performers - reproduce the work in a material form necessary to secure copyright clearance from or she publishes the work, reproduces the work been sought? - publish the work the copyright owner. In a performance work this in material form, performs the work in public, may include separate copyright clearances for communicates the work to the public, or makes •Are there any cultural considerations necessary - perform the work in public for the scheduled performances? use of the dramatic work, the choreography, the an adaptation of the work without the - communicate the work to the public musical work and the artwork. permission of copyright owner. Copyright - make an adaptation of the work • It is strongly recommended to use written • Statutory exceptions to copyright infringement - do any of the above in relation to an agreements when licensing dramatic or dance include the purposes of criticism or review, and Copyright protects specific categories of material. adapted work works for commercial purposes. incidental filming. For a performance this might include literary • When any of these rights are exercised the •Broadcast and film companies should provide • Public performance of a work can include any material, musical works, dramatic works and film. copyright owner is generally entitled to a licence written agreements for copyright owners. performance that is not domestic or private, The material must be original and must be reduced fee or royalties for the use of their work. Indigenous authors should be given the even if no fee is charged. So, anyone intending to material form. • Styles of drama and dance are not protected by opportunity to consider contracts and obtain to perform a work that is protected by copyright To be original, for the purpose of copyright copyright. It is the expression of the style in the proper legal advice. should seek advice to ensure they are not protection, the author or authors must have dramatic or dance work that is protected. • Recipients of Australia Council grants are infringing copyright. Check the Contacts page applied sufficient skill, labour and judgment to encouraged to seek legal advice on written in this guide for copyright advice referrals. create the work. • The author has moral rights to his or her work. This includes the right of integrity and attribution. contracts for recording. To be ‘reduced to material form’ means that the • Have performers signed clearance forms if their work must have been written or recorded. • In collaborative works, copyright may be shared with the collaborating authors. If company work is to be recorded at a festival? When publishing or licensing a dramatic work it is members collaborate to create a dramatic or • Under the educational statutory licensing necessary to get the copyright clearance from the dance work, the members will generally be schemes, authors may be entitled to royalties for copyright owners. the joint authors. use of their works in books and films. The Dramatic and dance works • The Indigenous author who incorporates relevant collecting agencies – APRA, AMCOS, traditional ritual knowledge in his or her CAL, Screenrights and Viscopy – collect and •Writers, composers, choreographers, dramaturgs dramatic or dance work has a special distribute royalties to members. and other contributors are referred to as ‘authors’ obligation to the clan when exercising the in a copyright context. copyright in the work. • The copyright owner is generally the author of • There are special copyright provisions for the literary, musical or dramatic work. There are commissioned photographs. exceptions to this rule, including an author who is an employee under a contract of service. • Authors do not need to register for copyright protection. • Copyright in a literary, musical or dramatic work lasts for 50 years after the death of the author.

44 -PERFORMING CULTURES FOLLOW UP-45 29 Paul MacPhail, Yirra Yaakin Noongar Theatre, 53 Helen Anu, consultation interview, 14 August 2001. telephone consultation, 17 May 2002. 54 Labanotation is a system of notation developed by 30 Helen Anu, consultation meeting, 14 August 2001. Rudolph vonLaban to record human movement.

55 31 ibid. National Aboriginal Islander Skills Development Association.

56 32 Rachael Swain, Marrugeku Company, telephone consultation, Ronne Arnold, telephone consultation, 6 June 2002. 4 April 2002. 57 Pauline Clague, film maker, telephone consultation, June 2002.

33 Nadine McDonald, Kooemba Jdarra Indigenous Performing Arts, 58 Peter Cleary, Woomera Aboriginal Corporation, telephone consultation, 26 March 2002. consultation response, 11 March 2002.

34 ibid. 59 Peter Cleary, Woomera Aboriginal Corporation, Presentation, Collaborations: Using Indigenous Cultural Material in references 35 Rachael Swain, Marrugeku Company, telephone consultation, Contemporary Performance, seminar papers, Arts Law Centre, 4 April 2002. 1999, page 8.

36 Wesley Enoch, consultation meeting, 7 February 2002. 60 Rachael Swain, Marrugeku Company, telephone consultation, ... 4 April 2002. 37 Rachael Swain, telephone consultation, 4 April 2002. Marrugeku ensure that the community is paid a royalty of 3% when the show 61 Peter Cleary, Woomera Aboriginal Corporation, Presentation, 11 Section 6, Model Law for the Protection of Traditional is sold. Collaborations: Using Indigenous Cultural Material in Knowledge and Expressions of Culture, South Pacific Contemporary Performance, seminar papers, Arts Law Centre, 38 Paul MacPhail, Yirra Yaakin Noongar Theatre, telephone Community, Noumea, 2002. 1999, page 16. consultation, 17 May 2002. David Milroy is pursuing branding for Yirra Yaakin’s work. 62 12 Janina Harding, manager, Indigenous Arts Program, City of Jo Dyer, [then] general manager, Bangarra Dance Theatre, 1 Terri Janke, Our Culture: Our Future – Report on Australian Presentation, Collaborations: Using Indigenous Cultural Material , telephone consultation, 19 March 2002. 39 ibid. Indigenous Cultural and Intellectual Property Rights, Michael in Contemporary Performance, seminar papers, Arts Law Centre, 13 1999, page 15. Frankel & Company, written and published under commission ibid. 40 Janina Harding, manager, Indigenous Arts Program, City of by the Australian Institute of Aboriginal and Torres Strait Islander 14 Melbourne, telephone consultation, 19 March 2002. 63 Studies and the Aboriginal and Torres Strait Islander Wesley Enoch, peer review notes, 1 May 2002. Waiata Telfer, email, consultation response, 2 May 2002. 41 Commission, Sydney, 1999. Jo Dyer, [then] general manager, Bangarra Dance Theatre, 64 15 Rachael Swain, Marrugeku Company, telephone consultation, ibid. Collaborations: Using Indigenous Cultural Material in 2 4 April 2002. Wesley Enoch, Indigenous theatre director, telephone 65 Contemporary Performance, seminar papers, Arts Law Centre, Nadine McDonald, Kooemba Jdarra Indigenous Performing Arts, consultation, 1 May 2002. 16 Wesley Enoch, consultation meeting, 7 February 2002. 1999, page 5. telephone consultation, 26 March 2002. 3 Terri Janke, Our Culture: Our Future. 66 17 Rachael Swain, Marrugeku Company, telephone consultation, Nadine McDonald, Kooemba Jdarra Indigenous Performing Arts, 42 Nadine McDonald, telephone consultation, Kooemba Jdarra 4 telephone consultation, 26 March 2002. 4 April 2002. Terri Janke, Our Culture: Our Future. Indigenous Performing Arts, 26 March 2002. 18 67 Peter Cleary, Woomera Aboriginal Corporation, 5 ibid. 43 Terri Janke, Our Culture: Our Future. Peter Cleary, Woomera Aboriginal Corporation, consultation consultation response, 11 March 2002. 19 Paul MacPhail, Yirra Yaakin Noongar Theatre, response, 11 March 2002. 6 Report of the Sub-Commission on Prevention of Discrimination telephone consultation, 17 May 2002. 68 Waiata Telfer, email, consultation response, 2 May 2002. and Protection of Minorities, 46th session, Draft Declaration on 44 Festival Records publicly apologised to Woomera Aboriginal 20 69 the Rights of Indigenous Peoples, United Nations Documents, Nadine McDonald, Kooemba Jdarra Indigenous Performing Arts, Corporation for unauthorised use of material by Larrikin Records. NSW Ministry for the Arts, Guidelines 2001–2002, Sydney, E/CN.4/1995/2 and E/CN.4/Sub 2/1994/56. telephone consultation, 26 March 2002. Apology published by Festival which had taken over Larrikin by 2000, pages 103–104.

21 Nadine McDonald, Kooemba Jdarra Indigenous Performing Arts, the time of resolution of the dispute. 70 7 The Mataatua Declaration was developed at the First Submission received from National Aboriginal Dance Council telephone consultation, 26 March 2002. Australia, 17 May 2002. International Conference on the Cultural and Intellectual Property 45 Peter Cleary, Woomera Aboriginal Corporation, Rights of Indigenous Peoples, 12–18 June 1993, at 22 Rachael Swain, Marrugeku Company, transcript of discussion on consultation response, 11 March 2002. 71 Section 35 (1), Copyright Act 1968 (Cth). dance from Awaye, ABC , in Writing on Dance Whakatane, Aotearoa, New Zealand. A full text of the 46 Ronne Arnold, telephone consultation, 3 April 2002. 72 Declaration is cited in Terri Janke, Our Culture: Our Future, 20: Dance Comes from the Land, page 84. Section 10, Copyright Act 1968 (Cth). 47 pages 306–310. 23 73 Paul MacPhail, Yirra Yaakin Noongar Theatre, Peter Cleary, Woomera Aboriginal Corporation, Section 35 (6), Copyright Act 1968 (Cth). telephone consultation, 17 May 2002. consultation response, 11 March 2002. 8 Mrs Erica Irene Daes, Final Report on the Protection of the 74 M Payunka, Marika & Others v Indofurn 30 IPR 209. 48 Heritage of Indigenous Peoples, United Nations Document 24 Adapted from Wesley Enoch, peer review notes, Dalisa Pigram, Marrugeku Company, Presentation, 75 E/CN.4/Sub.2/1995/26. The full text, as adopted and 29 April 2002. Collaborations: Using Indigenous Cultural Material in Zeccola v Universal City Studios Inc (1982) 67 FLR 225. Contemporary Performance, seminar papers, Arts Law Centre, elaborated on by ATSIC's Indigenous Reference Group, is cited 76 25 Janina Harding, manager, Indigenous Arts Program, City of 1999, page 11. Zeccola v Universal City Studios Inc (1982) 67 FLR 225. in Terri Janke, Our Culture: Our Future, pages 273–277. Melbourne, telephone consultation, 19 March 2002. 77 See also Erica Irene Daes, Study of the Protection of the Cultural 49 Helen Anu, consultation interview, 14 August 2001. Sections 31(1)(a)(i) and (b)(i), Copyright Act 1968 (Cth).

and Intellectual Property of Indigenous Peoples, United Nations 26 78 Adapted from Wesley Enoch, peer review notes, 50 ibid. Section 35 (2), Copyright Act 1968 (Cth). Economic and Social Council, Geneva, 1993. 29 April 2002. 79 51 ibid. Peter Cleary, consultation response, 11 March 2002. 9 http://www.wipo.int/globalissues 27 Helen Anu, consultation meeting, 14 August 2001. 52 Nadine McDonald, Kooemba Jdarra Indigenous Performing Arts, 10 http://www.wipo.int/globalissues 28 Rachael Swain, Marrugeku Company, telephone consultation, 26 March 2002. telephone consultation, 4 April 2002.

46 -PERFORMING CULTURES REFERENCES-47 80 Section 35(6) of the Copyright Act 1968 (Cth), states that where the work is ‘made by the author in pursuance of the terms of his or her employment by another person under contract of service of apprenticeship, that the other person is the owner of any copyright subsisting in the work’.

81 Section 176(1) of the Copyright Act 1968 (Cth), Section 10, Copyright Act 1968 (Cth), Section 35, Copyright Act 1968 (Cth).

82 Section 41, Intellectual Property Reports 513.

83 Section 31, Copyright Act 1968 (Cth) 31.

84 Labonotation is the diagrammatic written expression used to record dance.

85 bibliography Section 33, Copyright Act 1968 (Cth). 86 Section 93, Copyright Act 1968 (Cth). ... 87 Peter Cleary, consultation response, 11 March 2002. 88 Section 248A(1), Copyright Act 1968 (Cth). Heather Elton, Chinook Winds – Aboriginal Dance 89 The Copyright Act 1968 (Cth) requires that the work be Project, The Banff Centre Press, Canada, 1997. performed in Australia, in the presence of an audience and by qualified persons.

90 Section 248A(2)(a), Copyright Act 1968 (Cth). Alex Byrne, Alana Garwood, Heather Moorcroft, Sally Gardner, (ed) Dancing comes from the Land, Alan Barries (comp), Aboriginal and Torres Strait Writings on Dance, 2000. 91 Section 28, Copyright Act 1968 (Cth). Protocols for Libraries, Australian Library and 92 Section 193, Copyright Act 1968 (Cth), An exception is Information Association. Endorsed at the Aboriginal where it was reasonable not to identify the author: Guidelines for Ethical Research in Indigenous and Torres Strait Islander Library and Information section 195AR Copyright Act 1968 (Cth). Studies, Australian Institute of Aboriginal and Torres Resource Network Conferences, December 1994 93 Section 195AC, Copyright Act 1968 (Cth) Strait Islander Studies, , 2000. and September 1995, and at the First Roundtable 94 Section 195AI, Copyright Act 1968 (Cth). on Library and Archives Collections and Services of 95 Section 195AJ, Copyright Act 1968 (Cth). Relevance to Aboriginal and Torres Strait Islander Indigenous Arts Protocol: A Guide, in Guidelines 96 Section 195AWA, Copyright Act 1968 (Cth). People, May 1995. 2001-2002, NSW Ministry for the Arts, 2001.

97 Section 195AS, Copyright Act 1968 (Cth).

98 Style Manual for Authors, Editors and Printers, 6th edn, Collaborations: Using Indigenous Cultural Material Indigenous Arts Protocols: A Guide to help Commonwealth of Australia, Canberra, 2002, page 413. in Contemporary Performance, edited transcript of nurture Indigenous cultural expression in New South 99 Section 36, Copyright Act 1968 (Cth). seminar at Bangarra Dance Theatre (May 1999), Wales, Handbook for Applicants, Indigenous Arts 100 Section 65, Copyright Act 1968 (Cth). Arts Law Centre of Australia, Sydney, 1999. Reference Group, NSW Ministry for the Art,

101 Sydney, NSW, 1998. Section 41, Copyright Act 1968 (Cth).

102 Section 42, Copyright Act 1968 (Cth). Doing it Our Way: Contemporary Indigenous Cultural Expression in , 103 Section 43, Copyright Act 1968 (Cth). McKeough and Stewart, Intellectual Property in Terri Janke, NSW Ministry for the Arts, Australia, Butterworths, Sydney, 1991. 104 Section 49, Copyright Act 1968 (Cth). Sydney, 2002. 105 Doreen Mellor, telephone consultation, 31 May 2002. Mina Mir Lo Ailan Man: Proper Communication with Torres Strait Islander People, Queensland Government, Department of Aboriginal and Torres Strait Islander Policy and Development, Brisbane, 1998.

48 -PERFORMING CULTURES BIBLIOGRAPHY-49 Terri Janke, Our Culture: Our Future – Report on Australian Indigenous Cultural and Intellectual Property Rights, Michael Frankel & Company, written and published under commission by the Australian Institute of Aboriginal and Torres Strait Islander Studies and Aboriginal and Torres Strait Islander Commission, Sydney, 1999.

Previous Possessions, New Obligations, Museums Australia, Sydney, 1994. contacts Protocols for Consultation and Negotiation with ... Aboriginal People, Department of Aboriginal and Torres Strait Islander Policy and Development, Queensland Government, Brisbane, 1998. Arts Queensland Arts – Aboriginal and Torres Private Bag No. 1 Strait Islander Unit South Melbourne VIC 3205 Staniforth Ricketson, The Law of Intellectual PO Box 5300 Tel: (03) 9954 5000 Property: Copyright, Design and Confidential Arts policy and funding Cairns Mail Centre Qld 4870 Toll Free (Vic): 1800 134 894 Information, Lawbook Company, Sydney, 2001. Aboriginal and Torres Tel: (07) 4048 1411 Fax: (03) 9686 6186 Strait Islander Board, Fax: (07) 4048 1410 Email: [email protected] Taking the Time. Museums, Galleries, Cultural Australia Council Email: [email protected] Web: www.arts.vic.gov.au Protocols and Communities, Museums Australia Inc. PO Box 788 Web: www.arts.qld.gov.au Arts WA (Qld), Brisbane, 1998. Strawberry Hills NSW 2012 Arts SA Tel: (02) 9215 9065 PO Box 8349 Toll Free: 1800 226 912 GPO Box 2308 Perth Business Centre WA 6849 Valuing Art, Doreen Mellor and Terri Janke, Fax: (02) 9215 9061 Adelaide SA 5001 Tel: (08) 9224 7310 Respecting Culture: Protocols for working with the Email: [email protected] Tel: (08) 8463 5444 Toll Free (WA): 1800 199 090 Indigenous Visual Arts and Crafts Sector, National Web: www.ozco.gov.au Fax: (08) 8463 5420 Fax: (08) 9224 7311 Association for the Visual Arts, Sydney, 2001. Email: [email protected] Email: [email protected] Arts NT Web: www.arts.sa.gov.au Web: http://hosted.at.imago. GPO Box 1774 com.au/artswa/ Darwin NT 0801 Arts Tel: (08) 8924 4400 GPO Box 646 Department of Fax: (08) 8924 4409 Hobart TAS 7001 Communications, Email: [email protected] Tel: (03) 6233 7308 Information Technology Web: www.nt.gov.au/cdsa/dam Fax: (03) 6233 8424 and the Arts Email: [email protected] GPO Box 2154 Arts Queensland Web: www.arts.tas.gov.au Canberra ACT 2601 GPO Box 1436 Tel: (02) 6271 1000 Brisbane QLD 4001 Fax: (02) 6271 1901 Tel: (07) 3224 4896 Email: [email protected] Toll Free (Qld): 1800 175 531 Web: www.dcita.gov.au Fax: (07) 3224 4077 Toll Free (Qld): 1800 175 532 Email: [email protected] Web: www.arts.qld.gov.au

50 -PERFORMING CULTURES CONTACTS-51 ...

NSW Ministry for the Arts Media Entertainment & Arts Screenrights Gadigal Information Service Indigenous performing Doonooch Aboriginal PO Box A226 Alliance – MEAA PO Box 1248 PO Box 966 arts organisations Dancers Group Sydney South NSW 1235 PO Box 723 Neutral Bay NSW 2089 Strawberry Hills NSW 2012 c/- Global Network Productions Aboriginal Theatre Network Tel: (02) 9228 5533 Strawberry Hills NSW 2012 Tel: (02) 9904 0133 Tel: (02) 9564 5090 PO Box 169 Toll Free (NSW): 1800 358 594 Tel: (02) 9333 0999 Fax: (02) 9904 0498 Fax: (02) 9564 5450 c/- Yirra Yaakin Noongar Theatre Sutherland NSW 1499 Fax: (02) 9228 4869 Fax: (02) 9333 0933 Email: [email protected] Email: [email protected] GPO Box 51598 Tel: (02) 9543 1079 Email: [email protected] Email: [email protected] Web: www.screen.org Web: www.gadigal.org.au Perth WA 6000 Fax: (02) 9543 1366 Web: www.arts.nsw.gov.au Web: www.alliance.org.au Tel: (08) 9202 1966 Email: [email protected] Viscopy Goolarri Media Enterprises Fax: (08) 9202 1885 Web: www.globalnetwork.com.au Copyright and legal Copyright collecting Level 1, 72–80 Cooper Street PO Box 2708 Email: [email protected] societies Surry Hills NSW 2010 Broome WA 6725 Web: www.yirrayaakin.asn.au Ilbijerri Aboriginal and Torres Arts Law Centre of Australia Strait Islander Theatre Tel: (02) 9280 2844 Tel: (08) 9192 1325 Australian Mechanical Bangarra Dance Theatre Cooperative Ltd The Gunnery Fax: (02) 9280 2855 Fax: (08) 9193 6407 Copyright Owners 43–51 Cowper Wharf Road Pier 4, 5 Hickson Road Art House, Town Hall Society – AMCOS Email: [email protected] Email: [email protected] Woolloomooloo NSW 2011 Web: www.viscopy.com Web: www.goolarri.com.au Walsh Bay NSW 2000 Corner of Errol and Tel: (02) 9356 2566 Locked Bag 3665 Tel: (02) 9251 5333 Queensbury Streets Toll Free: 1800 221 457 St Leonards NSW 2065 Indigenous Torres Strait Islander Fax: (02) 9251 5266 North Melbourne VIC 3051 Fax: (02) 9358 6475 Tel: (02) 9935 7900 organisations Media Association Email: [email protected] Tel: (03) 9329 9097 Email: [email protected] Fax: (02) 9935 7999 PO Box 385 Web: www.bangarra.com.au Fax: (03) 9329 9105 Web: www.artslaw.com.au Email: [email protected] Aboriginal and Torres Strait Thursday Island QLD 4875 Email: [email protected] Islander Commission – ATSIC Web: www.amcos.com.au Tel: (07) 4069 1524 Broome Musicians Aboriginal Australian Copyright Council Corporation – BMAC Kooemba Jdarra Indigenous PO Box 17 Fax: (07) 4069 1886 Australasian Performing PO Box 1986 Woden ACT 2606 PO Box 2708 Performing Arts Right Association – APRA Email: [email protected] Strawberry Hills NSW 2012 Tel: (02) 6121 4000 Broome WA 6725 Judith Wright Centre of Redfern NSW 2016 Locked Bag 3665 Toll Free: 1800 079 098 Torres Strait Regional Authority Tel: (08) 9192 1325 Contemporary Art Tel: (02) 9318 1788 St Leonards NSW 2065 Fax: (02) 6281 0722 PO Box 261 Fax: (08) 9193 6407 420 Brunswick St Fax: (02) 9698 3536 Tel: (02) 9935 7900 Web: www.atsic.gov.au Thursday Island QLD 4875 Email: [email protected] Fortitude Valley QLD 4006 Email: [email protected] Fax: (02) 9935 7999 Tel: (07) 4069 0700 Web: www.goolarri.com.au Tel: (07) 3257 1433 Australian Institute for Web: www.copyright.org.au Email: [email protected] Fax: (07) 4069 1879 Fax: (02) 3257 1633 Aboriginal and Torres Strait Daki Budtcha Web: www.apra.com.au Email: [email protected] Email: [email protected] Islander Studies – AIATSIS Indigenous Cultural and PO Box 3261 Web: www.kooemba.com.au Copyright Agency Web: www.tsra.gov.au Intellectual Property website GPO Box 553 South Brisbane QLD 4101 Limited – CAL Web: www.icip.lawnet.com.au Canberra ACT 2601 Tel: (07) 3846 7722 Laura Aboriginal Dance and Cultural Festival Level 19, 157 Liverpool Street Tel: (02) 6246 1111 Fax: (07) 3846 7020 Ang-gnarra Aboriginal Sydney NSW 2000 Fax: (02) 6261 4286 Email: [email protected] Corporation Tel: (02) 9394 7600 Email: [email protected] Web: www.dakibudtcha.com.au Fax: (02) 9394 7601 Web: www.aiatsis.gov.au c/- Post Office Email: [email protected] Laura QLD 4871 Web: www.copyright.com.au Tel: (07) 4060 3214 Fax: (07) 4060 3231 Web: www.laurafestival.com

52 -PERFORMING CULTURES CONTACTS-53 The Marrugeku Company Yothu Yindi Foundation c/- Stalker Theatre Company GPO Box 2727 Hut 24, 142 Addison Road Darwin NT 0800 Marrickville NSW 2204 Tel: (08) 8941 0202 Tel: (02) 9550 9887 Fax: (08) 8941 1088 Fax: (02) 9564 6061 Email: [email protected] Email: [email protected] Web: www.garma.telstra.com

Middar Aboriginal Theatre Tel: (08) 9354 9540 Fax: (08) 9354 9540 acknowledgments National Aboriginal Dance ... Council – NADCA Aboriginal Dance Theatre Redfern 88 Renwick Street Nadine McDonald – Artistic Director, Kooemba Redfern NSW 2012 Jdarra Indigenous Performing Arts Tel: (02) 9699 9172 David Milroy – Artistic Director, Yirra Yaakin, Fax: (02) 9310 2643 Terri Janke & Company would like to Noongar Theatre Email: [email protected] acknowledge the role of Wesley Enoch in Dalisa Pigram – Dancer Web: www.koori.usyd.edu. au/nadca/ developing this document. Rachael Swain – Artistic Director, Music We thank Helena Zilko whose contribution as editor Marrugeku Company Aboriginal Corporation assisted in bringing the five protocol guides into a Waiata Telfer – Festival Coordinator and dancer complementary set. PO Box 574 The Aboriginal and Torres Strait Islander Arts We also acknowledge the contribution of the Port Melbourne VIC 3207 Board thanks the Dance Board of the Australia following people who provided comments on early Tel: (02) 9696 2022 Council for contributing towards the publishing of drafts. Their feedback was invaluable in the Fax: (02) 9696 2183 Performing Cultures. Email: [email protected] development of Performing Cultures. Web: www.songlines.com.au Helen Anu – Singer and performer Ronne Arnold – Dancer and teacher, NAISDA Woomera Aboriginal Corporation Pauline Clague – Film maker, Core Original Productions Pty Ltd PO Box 349 Townsville QLD 4810 Peter Cleary – Woomera Aboriginal Corporation Tel: (07) 4771 4699 Lorrae Coffin – Music/Events Manager, Goolarri Fax: (07) 4771 2110 Email: [email protected] Media Enterprises Web: www.woomersmi.org Jerry Dohnal – Solicitor, Gilbert & Tobin

Yirra Yaakin Noongar Theatre Wesley Enoch – Director GPO Box S1598 Janina Harding – Festival Co-ordinator & Arts Perth WA 6845 Advisor, Indigenous Arts Program, City of Melbourne Tel: (08) 9202 1966 Paul MacPhail – Yirra Yaakin, General Manager, Fax: (08) 9202 1885 Yirra Yaakin, Noongar Theatre Email: [email protected] Web: www.yirrayaakin.asn.au

54 -PERFORMING CULTURES ACKNOWLEDGMENTS-55