Respect.
The rights of Indigenous people to own and control their heritage, including Indigenous images, designs, stories and other cultural expressions, should be respected.
Respecting Indigenous rights to cultural heritage incudes the following protocols:
- Acknowledgement of country: the Aboriginals and Torres Strait Islander people are the original inhabitants of Australia. They have strong link to country, meaning the totality of life and the spirit of the partiular area of land they and their ancestors inhabited. When organising an exhibition, installation, event, state, national significance and such, it is respectful to invite a representative of the traditional owners to attend and give a 'welcome to country' address. It is respectful for others speaking officially to also acknowledge country and custodians at the site of the event.
- Public art - acknowledging land: It is comon practice for Indigenous artists to seek approval from the Indigenous community for public art - based projects in any particular 'county' within Australia.
- Accepting diversity: There is great diversity of experience and cultural context within Indigenous communities. Indigenous cultures are living and evolving entities, not simply historical phenomena so it's necessary to avoid inappropriate or outdated perspectives and terminology when dealing with any cultural groups.
Communication, consultant and consent.
Communication and consultation are important in Indigenous visual arts projects. Consent is necessary for the reproduction of Indigenous visual arts, and if traditional communal designs are included, consent may be required from traditional owners.
Consent must be inform, means that people must be given time and information to consider the requests made of them. Consultation and communication processes will differ for each community.
Traditional and communally owned images. There may be requirements to consult with the traditional custodians and community members, as well as the artists, for material that is communally owned ritual knowledge. Consultation with and consent from each identified group should be sought.
Interpreter and translators: Indigenous artists in remote communities may require interpreters and the interpreters should be paid for their services.
Sensitive of Content: such as secret and sacred material of gender-based works may require special communication procedures that should be ascertained first. Consultation may take time depending on the sensitivity of the material.
Geographic diversity: the variety of the indigenous groups causes the difference in cultureal practices, languages and te way people refer to each other.
Gender: there may be a gender division of responsibilities and cutural knowledge.
Photography of Indigenous people cannot be used without permission.
Collaborating with Indigenous artists: It is important that communication and consultation with Indigenous artists and their communities takes place in the initial develop ment phrase of the project. Consent should be obtained before going ahead. Copyright ownership at the outset where more than one artist or a community is involved must be discussed.
Moral Rights and IssuesThe rights of Indigenous people to own and control their heritage, including Indigenous images, designs, stories and other cultural expressions, should be respected.
Respecting Indigenous rights to cultural heritage incudes the following protocols:
- Acknowledgement of country: the Aboriginals and Torres Strait Islander people are the original inhabitants of Australia. They have strong link to country, meaning the totality of life and the spirit of the partiular area of land they and their ancestors inhabited. When organising an exhibition, installation, event, state, national significance and such, it is respectful to invite a representative of the traditional owners to attend and give a 'welcome to country' address. It is respectful for others speaking officially to also acknowledge country and custodians at the site of the event.
- Public art - acknowledging land: It is comon practice for Indigenous artists to seek approval from the Indigenous community for public art - based projects in any particular 'county' within Australia.
- Accepting diversity: There is great diversity of experience and cultural context within Indigenous communities. Indigenous cultures are living and evolving entities, not simply historical phenomena so it's necessary to avoid inappropriate or outdated perspectives and terminology when dealing with any cultural groups.
Communication, consultant and consent.
Communication and consultation are important in Indigenous visual arts projects. Consent is necessary for the reproduction of Indigenous visual arts, and if traditional communal designs are included, consent may be required from traditional owners.
Consent must be inform, means that people must be given time and information to consider the requests made of them. Consultation and communication processes will differ for each community.
Traditional and communally owned images. There may be requirements to consult with the traditional custodians and community members, as well as the artists, for material that is communally owned ritual knowledge. Consultation with and consent from each identified group should be sought.
Interpreter and translators: Indigenous artists in remote communities may require interpreters and the interpreters should be paid for their services.
Sensitive of Content: such as secret and sacred material of gender-based works may require special communication procedures that should be ascertained first. Consultation may take time depending on the sensitivity of the material.
Geographic diversity: the variety of the indigenous groups causes the difference in cultureal practices, languages and te way people refer to each other.
Gender: there may be a gender division of responsibilities and cutural knowledge.
Photography of Indigenous people cannot be used without permission.
Collaborating with Indigenous artists: It is important that communication and consultation with Indigenous artists and their communities takes place in the initial develop ment phrase of the project. Consent should be obtained before going ahead. Copyright ownership at the outset where more than one artist or a community is involved must be discussed.
Indigenous people's right to culture exists in perpetuity. To respect Indigenous cutural hertitage, it may be necessary to get permission to use Indigenous stories, designs and themes even though legally, they are in the public domain.
Some Indigenous art comprises certain motifs like rarrk/cross-hatching and such. It is not an infringement of copyright to pain in these styles or to pain creation figures unless copying from a particular copyright protected artwork. It is against the law to paint ceremonial styles and creation being without permission where the styles and figures originate.
The reference of Aboriginal motifs in your design is one kind of copying where the copyright laws do not recognise Indigenous rights to control cultural material. Nevertheless, we should refrain from incorporating elements derived from Indigenous heritage into the artworks without the inform consent of the Indigenous owners.
