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