Visual arts Protocols for producing Indigenous Australian visual arts - Australia Council for the Arts
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2ND EDITION
Protocols for producing Indigenous Australian visual arts
Australia Council for the Arts
Visual arts
372 Elizabeth Street, Surry Hills NSW 2010
PO Box 788, Strawberry Hills NSW 2012
ABN 38 392 626 187
Telephone +61 2 9215 9000
Toll-free 1800 226 912
Facsimile +61 2 9215 9111
Email mail@australiacouncil.gov.au
www.australiacouncil.gov.auVisual arts 01
Contents
Australia Council for the Arts
372 Elizabeth Street, Surry Hills NSW 2010
Introduction 2 What happens when artists sell
their paintings? 23
PO Box 788, Strawberry Hills NSW 2012 Using this guide 3
Collaborative works 23
ABN 38 392 626 187 What are protocols? 3
Communal ownership vs. joint ownership 24
What are the Indigenous visual arts? 4
Telephone +61 2 9215 9000 Commissioned photographs 24
Toll-free 1800 226 912 Facsimile +61 2 9215 9111 Special nature of Indigenous visual arts 5
What are moral rights? 24
Email mail@australiacouncil.gov.au Indigenous heritage 6
Licensing use of artworks 25
www.australiacouncil.gov.au Current protection of heritage 6
Managing copyright to protect
This publication is available online your interests 25
at www.australiacouncil.gov.au Principles and protocols When is copyright infringed? 26
© Australia Council 2007
Respect 9 The Myer report 27
First published 2002, edited and revised 2006. This work Acknowledgment of country 9 Publishing and reproduction of
is copyright. Apart from any use as permitted under the Public art – acknowledging land 10 Indigenous art 27
Copyright Act 1968, no part may be reproduced by any Accepting diversity 10
process without prior written permission from the Australia Indigenous communal moral rights 28
Council for the Arts. Requests and inquiries concerning
Indigenous control 10 Further copyright information 29
reproduction and rights should be addressed to the Communication, consultation & consent 12 Continuing cultures 33
Director Marketing and Communication, Australia Council Traditional & communally Recognition and protection 33
for the Arts, PO Box 788, Strawberry Hills NSW 2012 owned images 12
Australia or to comms@australiacouncil.gov.au.
ISSN 978-1-920784-41-6
Interpreters and translators 13 Implementation
Sensitivity of content 13
Design Bright Red Oranges 1. Respect 35
Geographic diversity 13
Print e2e managment pty ltd 2. Indigenous control 35
Cover John Mawurndjul at the Musee Gender 13
3. Communication, consultation
du Quai Branly. 2006. Photography of Indigenous people 13
Photo: Alastair Miller & consent 35
Collaborating with Indigenous artists 13
Indigenous design element: 4. Interpretation, integrity and authenticity 36
Interpretation, integrity and authenticity 13
joorroo, Darrell Sibosado 2002 Marketing with integrity 36
Interpretation 14
Exhibition of art 36
Integrity 14
5. Secrecy and confidentiality 37
Authenticity 14
6. Attribution and copyright 37
Using Indigenous cultural material 15
7. Proper returns and royalties 38
Marketing with integrity 16
8. Continuing cultures 38
Exhibiting Indigenous art 19
9. Recognition and protection 38
The Australia Council respects Indigenous Secrecy and confidentiality 20
References 39
communities and culture. Readers should be Representation of deceased people 21
Bibliography 45
aware that this protocol guide may contain Secret and sacred material 21
references to members of the Indigenous
Contacts 47
Personal privacy 21
community who have passed away. Acknowledgments 48
Attribution and copyright 21
Copyright 21
Important Notice What is copyright? 22
The information included in this guide Who owns copyright? 22
is current as at September 2007. This What rights do copyright owners have? 22
document was first published under the Do artists need to register their art
title ‘Visual Arts’ in 2002. This guide
provides general advice only. It is not for copyright protection? 22
intended to be legal advice. If you have How long does copyright last? 22
a particular legal issue, we recommend Does copyright protect ceremonial
that you seek independent legal advice styles of art and creation figures? 23
from a suitably qualified legal practitioner.Visual arts 02 Visual arts 03
Introduction Introduction
Introduction They are relevant to anyone working in or
with the Indigenous arts sector, including:
As primary guardians and interpreters of
their cultures, Indigenous people have
The Indigenous heritage section gives
an overview of the issues that inform the
Australia’s unique Indigenous artistic and cultural well-established protocols for interacting with development of Indigenous protocols.
• Indigenous and non-Indigenous artists
expression is rooted in thousands of years of their cultural material. New situations also It explores the complexity of Indigenous
heritage and continuing practice. • people working within related fields of
require cultural protocols. Australia and charts international initiatives
Indigenous artform practice for the protection of Indigenous cultural
When the Musée du Quai Branly opened in Paris Although each guide in the suite addresses
• federal and state/territory government agencies and intellectual property rights.
in 2006, visitors were spellbound by the immense cultural protocols specific to an artform, the
power of the vast collection of Australian • industry agencies and peak organisations The principles and protocols section examines
same underlying principles are common to each.
Indigenous art works, including special landmark • galleries, museums and arts centres the nine principles that support the protection
commissions on the ceilings and façade by eight We hope Indigenous people, and those working of Indigenous cultural heritage. It includes
• educational and training institutions
of Australia’s best known Indigenous with them, will be inspired and encouraged to use valuable information on protocols specific to
• Indigenous and targeted mainstream media. these principles as a framework for developing
contemporary artists. More recently Emily the use of cultural heritage material in visual
Kngwarreye’s Earth’s Creation sold at auction for The protocol guides endorse Indigenous protocols appropriate to their specific projects, arts practice. A number of case studies and
more than $1 million, the highest price ever for cultural and intellectual property rights – regions, language groups and communities. commentaries from Indigenous visual arts
a painting by a female artist in Australia. the rights of Indigenous people to own and practitioners identify pitfalls and offer readers
We also hope the guides will spark debate and
control their cultural heritage. These rights are valuable advice.
While works by individual artists such as these that additional protocols will be developed
confirmed in the 2006 United Nations Declaration across artforms. The guide also contains general information and
are protected by copyright, there are often no of the Rights of Indigenous Peoples,1 which says advice on the main laws in Australia governing
legal rights around the broader reproduction and Indigenous people have the right to practice Send any comments about this guide or any the use and reproduction of arts and cultural
use of Indigenous cultural heritage material. and revitalise their cultural traditions and suggestions for improvement to the Australia expression. For this second edition, we have
Australia does not yet have a law that prevents customs. ‘This includes the right to maintain, Council for the Arts: integrated copyright, licensing and royalty
alteration, distortion or misuse of traditional protect and develop the past, present and Executive Director information into the principles and protocols
symbols, songs, dances, performances or future manifestations of their cultures, such as Aboriginal and Torres Strait Islander arts section. So one section deals with attribution
rituals that may be part of the heritage of archaeological and historical sites, artefacts, Australia Council for the Arts and copyright and another with proper
particular Indigenous language groups. designs, ceremonies, technologies and visual PO Box 788 Strawberry Hills NSW 2012 returns and royalties.
That is where the Australia Council for the Arts’ and performing arts and literature.’ atsia@australiacouncil.gov.au The implementation summarises some of the
protocol guides come in. The five guides in the In Our culture: our future,2 Terri Janke key points and provides a checklist for applying
suite spell out clearly the legal as well as the recommended significant changes to laws,
Using this guide protocols for a visual project.
ethical and moral considerations for the use This guide is designed to be an initial point of
policy and procedures to protect Indigenous There is also a list of contacts and references
of Indigenous cultural material. They can help reference in planning a work with Indigenous
cultural knowledge and expression. The to use as starting points for accessing relevant
people do the right thing. These guides recognise visual arts3 practitioners, or using Indigenous
Australian Government has yet to make people and information.
that in Indigenous Australian communities the cultural material. When you need specific advice
a determination on this matter.
artist is a custodian of culture, with obligations on the cultural issues of a particular group, we What are protocols?
as well as privileges. In Australia, Indigenous heritage comprises all recommend you speak to people in authority, Protocols are appropriate ways of using
objects, sites and knowledge transmitted from or engage an Indigenous cultural consultant
The five guides in the suite are: Indigenous cultural material, and interacting
generation to generation. Indigenous people with relevant knowledge and experience. with Indigenous artists and Indigenous
• Media arts have a living heritage. Their connection with the communities. They encourage ethical conduct
Reading this guide from cover to cover is an
• Music land, water, animals, plants and other people and promote interaction based on good faith
important and highly recommended first step.
is an expression of cultural heritage. Writing, and mutual respect.
• Performing arts
music, performing arts, visual arts and media The introduction defines protocols as used
• Visual arts in this guide, and looks at the special Responsible use of Indigenous cultural
arts, are some of the mediums for transmitting
• Writing. knowledge and expression will ensure that
Indigenous cultural heritage. characteristics of Australia’s Indigenous
Indigenous cultures are maintained and protected
visual arts.
so they can be passed on to future generations.Visual arts 04 Visual arts 05
Introduction Introduction
It is important to recognise the diversity and These protocols are accepted and used by Indigenous art’. It is important to clarify that the Organisations dealing with a challenge to an
complexity of the many different Indigenous many Indigenous artists. They have also been artist is an Indigenous Australian if there is any artist’s Aboriginality will be required to ask
cultures in Australia. Ways of dealing with used for many Indigenous visual arts projects. cause for doubt. the artist in question to provide evidence that
issues and cultural material may differ from They have been adapted for specific institutions, they meet these three criteria.5
community to community. There are also many Most Indigenous organisations use the Australian
for example, the Australian National Maritime
different protocols across the diversity of urban, Government’s definition of Aboriginal and Torres Special nature of Indigenous
Museum developed Connections based on
rural and remote communities. Strait Islander identity as a guide. The Australia visual arts
the protocols guides, and Arts Tasmania
Council’s Aboriginal and Torres Strait Islander Indigenous visual arts are a primary means
Indigenous protocols arise from value systems developed Respecting cultures, using the
Arts board requires grant applicants to sign a of transmitting Indigenous culture and
and cultural principles developed within and principles framework.
confirmation of Aboriginal/Torres Strait Islander communicating identity, place and belonging.
across communities over time. Agreeing to
identity. Applicants must provide:
comply with the accepted protocols of other What are the Indigenous visual arts? Indigenous knowledge, history and other
cultural groups promotes interaction based on For Indigenous cultures, visual arts are central • Confirmation of identity from an organisation cultural information have been and continue to
good faith and mutual respect, thus encouraging to identity, place and belonging. They are an registered under the Aboriginal Councils and be transmitted orally over many generations.
ethical conduct.4 expression of a unique and continuing tradition Associations Act 1976 or since July 2007,
Indigenous visual artists record knowledge,
and have an important place in the continuing registered under the Corporations (Aboriginal
While it is not possible to prescribe universal landscape and ideas. Their messages are
survival of Indigenous cultures. and Torres Strait Islander) Act 2006, or other
rules for engaging with Indigenous people often political and social as well as cultural,
relevant legislation; and
and their communities, there are some In an Australian context, the term ‘Indigenous for a variety of reasons. These include:
fundamental principles within which to • A declaration that: • facilitating the ongoing transmission
visual arts refers to art created primarily by
conduct respectful work. a. they are of Aboriginal or Torres Strait of information
Aboriginal and Torres Strait Islander people, or
Islander descent
The protocols outlined in this guide are shaped based on the cultural expression of Indigenous • recording community knowledge
b. identify as an Aboriginal or Torres Strait
by nine principles. The protocols are, by Australian people. Indigenous visual arts cover • recording oral histories/life stories
Islander
definition, ways of applying these principles. a range of genres including: • political commentary
c. are accepted as such in the community
For example, a cultural protocol to implement • painting in which they live. • establishing and demonstrating community
the underlying principle of respect is to • printmaking (including etching and other ownership of stories
acknowledge the Indigenous custodians of Doreen Mellor comments on the issue of
intaglio processes, screen print, linocut) • engaging with cultural reclamation
country at the site of each exhibition, installation challenging identity:
• craft (including fibre and textile arts, and maintenance
and event launch as well as on inscriptions How should a challenge to an artist’s
that accompany public art on permanent or ceramics, glass, wood, bead and shell work) • entertainment
Aboriginal or Torres Strait Islander identity be
temporary display. • photography dealt with? The circumstances of Indigenous • offering a form of personal and community
• sculpture life, which mean that many artists live in healing (e.g. stories of the Stolen Generations)
This guide also aims to identify issues arising
from the interaction between Indigenous • multimedia and media. communities far away from their heritage • educating the broader community about
cultural concerns and the law protecting the origin, or may not even know their place of Indigenous issues
Indigenous art is not just art produced by • educating Indigenous communities on local
rights of artists. The Australian legal system cultural origin, means that artists may be
artists living in remote parts of Australia; neither and national Indigenous issues.
incorporates some but not all of these concerns. challenged about their identity. The ATSIC
is remote Aboriginal art solely ‘traditional’ in
While protocols differ from legal obligations, definition of Aboriginality requires: There is great diversity in the geographic
that it is anthropological or ethnographic art.
the guide outlines the current copyright law There are many forms of Indigenous art, which • the person identify as an Aboriginal representation, medium and subject matter
framework. The process of following the are also contemporary. There are also many or Torres Strait Islander of Indigenous visual arts, so the development
protocols supports the recognition of Indigenous of creative expression and diversity should
Indigenous artists living in urban areas. • the person is of Aboriginal or Torres Strait
heritage rights. It encourages culturally be encouraged.
There have been a number of reports Islander descent
appropriate working practices, and promotes
communication between all Australians with an concerning fakes and frauds. Some instances • the community of origin or the community
interest in Indigenous visual arts. have involved non-Indigenous artists passing in which he/she resides accepts the person
off their works as ‘Indigenous art’ or ‘stylised as Aboriginal or Torres Strait Islander.Visual arts 06 Visual arts 07
Introduction Introduction
Indigenous heritage Indigenous Australians are concerned that In mid-2006 they were given international
Indigenous visual arts are an important means there seems to be no respect for their cultural recognition when the United Nations Our culture: our future
of expressing Indigenous cultural heritage – knowledge, stories and other expression on Declaration of the Rights of Indigenous Indigenous cultural and intellectual property
past, present and future. the wider Australian landscape. Concerns Peoples,8 was passed. Article 31 states: rights refer to Indigenous people’s rights to
include the current legal framework that does 1. Indigenous peoples have the right to their cultural heritage. Heritage comprises
Indigenous heritage, enshrined in Indigenous all objects, sites and knowledge – the nature
not promote or protect the rights of Indigenous maintain, control, protect and develop their
cultural and intellectual rights, is discussed at or use of which has been transmitted or
people – particularly to own and control cultural heritage, traditional knowledge and
length in Our culture: our future.6 continues to be transmitted from generation
representation and dissemination of their stories, traditional cultural expressions, as well as
The visual arts sector can adopt a ‘best knowledge and other cultural expression.7 the manifestations of their sciences, to generation, and which is regarded as
practice’ approach by encouraging respect for technologies and cultures, including human pertaining to a particular Indigenous group
The process of following the protocols not or its territory.
the cultures of Indigenous Australians. It can and genetic resources, seeds, medicines,
only supports Indigenous heritage rights,
do this by acknowledging their innate value, knowledge of the properties of fauna and Indigenous people’s heritage is a living
but also promotes diversity and new initiatives
their difference from other cultures, and by flora, oral traditions, literatures, designs, heritage and includes objects, knowledge,
in Indigenous visual arts, and culturally
respecting Indigenous ownership and control sports and traditional games and visual and artistic, literary, musical and performance
appropriate outcomes.
of Indigenous heritage. performing arts. They also have the right works which may be created now or in the
All Indigenous artists are responsible for Current protection of heritage to maintain, control, protect and develop future, and based on that heritage.
safeguarding cultural knowledge. They need to Australia’s current legal framework provides their intellectual property over such cultural
Indigenous cultural and intellectual property
ensure that Indigenous cultures, both in the limited recognition and protection of these heritage, traditional knowledge, and
rights include the right to:
past and today, are protected and maintained rights. Our culture: our future recommended traditional cultural expressions.
• own and control Indigenous cultural and
in their works. In this way these cultures can be significant changes to legislation, policy and 2. In conjunction with Indigenous peoples, States
intellectual property
passed on to future generations. procedures. As yet there has been no formal shall take effective measures to recognise
response to these recommendations from the and protect the exercise of these rights.9 • ensure that any means of protecting
There are many Aboriginal and Torres Strait Indigenous cultural and intellectual
Islander cultures, which have developed over Australian Government. However, there are
The Mataatua Declaration on Indigenous property is based on the principle of
thousands of years and have been passed proposals to amend the Copyright Act 1968
cultural and intellectual property rights urges self-determination
down from generation to generation. Despite (Cth) to recognise Indigenous communal
Indigenous people to ‘develop a code of ethics
moral rights. • be recognised as the primary guardians
the enormous impact of the invasion in 1788, which external users must observe when
and interpreters of their cultures
Indigenous cultures have continued to develop. In the absence of legislation, many of the recording (visual, audio, written) their traditional
rights have been recognised at industry and and customary knowledge’.10 • authorise or refuse to authorise the
Indigenous people express their connection commercial use of Indigenous cultural
to heritage in contemporary life through their practitioner level, through the development of
The former Aboriginal and Torres Strait Islander and intellectual property, according to
relationship with land, waterways, animals and protocols and use of contracts to support the
Commission’s Indigenous Reference Group Indigenous customary law
plants, as well as relationships with other people. cultural rights of Indigenous people. adopted Draft Principles and Guidelines for the
• maintain the secrecy of Indigenous
Aboriginal and Torres Strait Islander people Across the world, Indigenous people continue Protection of the Heritage of Indigenous People
knowledge and other cultural practices
have a well developed and complex web of to call for rights at a national and international (1993)11 in 1997. Article 39 states:
level. Indigenous people are developing • full and proper attribution
relationships based on family ties, language Artists, writers and performers should
• control the recording of cultural customs
group affiliations and community, organisational statements and declarations that assert their refrain from incorporating elements derived
and expressions, as the particular
and government structures. A range of authority ownership and associated rights to Indigenous from Indigenous heritage into their works
cultural heritage. These statements and without the informed consent of the language may be intrinsic to cultural
structures exists across urban, regional and
declarations are a means of giving the world Indigenous owners. identity, knowledge, skill and teaching
remote communities. It is important to
notice of the rights of Indigenous people. of the culture.
acknowledge the complexity of Indigenous
Australia when negotiating the use of Indigenous They also set standards and develop an For a full list of rights,
heritage for a visual arts project. Indigenous discourse that will, over time, see Our culture: our future.12
ensure that Indigenous people’s cultural
heritage is respected and protected.Visual arts 08 Visual arts 09
Introduction Principles and Protocols
Internationally, the World Intellectual Property
Organisation (WIPO) has established an
• the reproduction, publication, adaptation and
communication to the public of the traditional
Principles and Protocols that they would talk about a person: they
speak to country, sing to country, visit
intergovernmental committee on intellectual cultural expressions In the following pages, under each of these country, worry about country, feel sorry for
property and genetic resources, traditional principles, we have suggested protocols country, and long for country. People say
• any use of traditional cultural expression
knowledge and folklore to discuss intellectual for using Indigenous cultural material, and that country knows, hears, smells, takes
which does not acknowledge in an
property issues that arise in the context of: interacting with Indigenous artists and notice, takes care, is sorry or happy. Country
appropriate way the community as
Indigenous communities. is not a generalised or undifferentiated type
• access to genetic resources and the source
benefit-sharing The principles outlined are a framework of place, such as one might indicate with
• any distortion, mutilation or other modification
for respecting indigenous heritage. terms like ‘spending a day in the country’
• protection of traditional knowledge, of or inappropriate action in relation to the
traditional cultural expression 1. Respect or ‘going up the country’. Rather, country
innovations and creativity
is a living entity with a yesterday, today and
• protection of expressions of folklore.13 • the acquisition or exercise of intellectual 2. Indigenous control
tomorrow, with a consciousness, and a will
property rights over the traditional cultural 3. Communication, consultation and consent toward life. Because of this richness, country
Based on its extensive international, regional
expression adaptations of them.16 4. Interpretation, integrity and authenticity is home, and peace; nourishment for body,
and national experience and on input from
different countries, the WIPO intergovernmental Regionally, a model law for protecting 5. Secrecy and confidentiality mind, and spirit; heart’s ease.19
committee developed two important documents, traditional knowledge in the Pacific was drafted 6. Attribution and copyright When organising an exhibition, installation or
which outline policy options and legal options and completed in July 2002. The Pacific event of local, state or national significance,
7. Proper returns and royalties
for traditional cultural expression and knowledge. Regional Framework for the Protection of it is respectful to invite a representative of
These are: Traditional Knowledge and Expression of 8. Continuing cultures
the traditional owners to attend and give a
(i) The protection of traditional cultural Culture establishes ‘traditional cultural rights’ 9. Recognition and protection.
‘welcome to country’ address.
expressions/expressions of folklore, for traditional owners of traditional knowledge
and expression of culture.17 The prior and 1. Respect A ‘welcome to country’ is an address given by
Draft objectives and principles14
informed consent of the traditional owners is The rights of Indigenous people to own and an Indigenous custodian of the land, included
(ii) The protection of traditional knowledge: control their heritage, including Indigenous in the official opening of events. As a matter of
required to:
Draft objectives and principles.15 images, designs, stories and other cultural cultural protocol, large cultural events should
• reproduce or publish the traditional
The latest WIPO provisions for the protection of expressions, should be respected. invite an Indigenous custodian or representative
knowledge or expressions of culture
traditional cultural expressions (TCEs) suggest Customs and protocols for respect vary widely of the traditional landowner group to provide a
• perform or display the traditional knowledge ‘welcome to country’. Alternatively, an Indigenous
three layers of protection tailored to different across the many and diverse communities of
or expressions of culture in public person of prominence or an elder who has lived
forms of cultural expression. It says TCEs of Indigenous Australian people. Respecting
particular religious and cultural significance • make available online or electronically in the area and contributed to the Indigenous
Indigenous rights to cultural heritage includes
should be noted in a public register so there is transmit to the public (whether over a path community may also be asked to acknowledge
the following protocols.
certainty as to which are protected and for or a combination of paths, or both) traditional country if they are not in a position to welcome.
whose benefit. The items in the register would knowledge or expression of culture Acknowledgment of country
Indigenous Australians, the Aboriginal and It is respectful for others speaking officially to
be afforded a form of protection similar to that • use the traditional knowledge or expression also acknowledge country and custodians at
given by intellectual property rights legislation. of culture in any other form. Torres Strait Islander people, are the original
inhabitants of Australia.18 As such they have the site of the event. The master of ceremonies
It recommends in Article 3, that when TCEs a strong link to country, meaning the totality of could do this by making an introductory
have been registered or notified, there shall life and the spirit of the particular area of land acknowledgment to the traditional owners
be adequate and effective legal and practical they and their ancestors inhabited. of the land.20
measures to ensure that the relevant Seek advice from the Indigenous community
community can prevent certain acts taking In Nourishing Terrains, Deborah Bird Rose says:
on the preferred manner of acknowledgment,
place without its free, prior and informed Country in Aboriginal English is not only
and the relevant groups to be acknowledged.
consent. With TCEs other than words, signs a common noun but also a proper noun.
and names, these acts include: People talk about country in the same wayVisual arts 10 Visual arts 11
Principles and Protocols Principles and Protocols
Museums and Galleries of NSW has a written One significant way is to discuss how Indigenous • T orres Strait Regional Authority: www.tsra. for working with the Australian Indigenous
‘welcome to country’ protocol available at control over a project will be exercised. This raises gov.au – for contact information regarding visual arts and crafts sector.24
. This is a useful guide the issue of who can represent language groups the Torres Strait Islands.
Many Indigenous arts and craft centres in
to assist artists and galleries with preparation and who can give clearances of traditionally and • Boomalli Aboriginal Artists Co-operative:
for launches and events. remote areas are on Indigenous land. If your
collectively owned material. www.boomalli.org.au – based in Leichhardt, project involves a visit to Aboriginal lands or
Public art – acknowledging land To consult effectively and gain consent for use Sydney, Boomalli is an Aboriginal-owned outer Torres Strait Islands, you must obtain
It is common practice for Indigenous artists to of Indigenous cultural material in a particular and operated art gallery and co-operative. permission from the local land council or trust,
seek approval from the Indigenous community project, the Indigenous people with authority Call (02) 9560 2541. or the community council concerned. For
for public art-based projects in any particular for specific stories, geographic locations, styles • The Black Book Directory 2005 – Indigenous information, consult the land council in the
‘country’ within Australia. For example, the
and imagery need to be identified. Arts & Media Directory. Published by Blackfella region you intend to visit, or for the Torres Strait,
Metropolitan Land Council (MLC) in Sydney
Films and Australian Film Commission, contact the Torres Strait Regional Authority.
notes that it was consulted by Fiona Foley of Speaking to the right people is very important.
available online at .
urban or remote, have an infrastructure of inquiries include:
Gadigal country, Sydney. This ensured it would organisations and individuals who can advise • Australian Institute of Aboriginal and Torres
• elders and custodians of relevant Indigenous
not be offensive to the local community. The on a range of issues – including guidance about Strait Islander Studies has links to a list
language groups
MLC’s Allen Madden reported that Bronwyn locating Indigenous people with authority to of Aboriginal and Torres Strait Islander
Bancroft, a Bandjulung artist, did the same thing organisations available online at . • Aboriginal land councils
work, Dreaming, at the Royal Botanical Gardens.21 For initial contacts we recommend the
• Department of Communication, IT and the • Office of Indigenous Policy Coordination
following sources:
Accepting diversity Arts, Indigenous Visual Arts and Craft • Torres Strait Regional Authority
There is great diversity of experience and • Association of Northern and Kimberley Resource Directory 2006, Commonwealth of
Aboriginal Artists of Australia (ANKAAA): • Island Coordinating Council
cultural context within Indigenous communities. Australia, Canberra, 2006, available online
www.ankaaa.org.au – ANKAAA is the peak • relevant individuals or family members
Indigenous visual arts reflect this diversity in at www.dcita.gov.au/indigenous_programs/
the medium, subject matter and cultural setting advocacy and support agency for Aboriginal funding_programs_and_support/national_ • elders and custodians of relevant Indigenous
the Indigenous artist might choose. artists and Aboriginal-owned arts centres arts_and_crafts_industry_support/ language groups
located in the Top End, including the Tiwi indigenous_art_centres_directory_2006 • Indigenous language centres and the
Indigenous visual artists come from a diversity
Islands, Kimberley, Arnhem Land and Darwin/ Federation of Aboriginal and Torres Strait
of backgrounds. Some learn their craft from Indigenous arts and craft centres in the area
Katherine regions. Information and contact Islander Languages
their cultural teachers, others are self-taught, where the artist is located, or the image or
details of arts centres in these regions are
and a growing number have completed heritage material originates, may also be a good • Indigenous curatorial staff at local keeping
university and college courses. available at .
starting point to initiate inquiries for consultation places, state and national galleries,
• Desart: www.desart.com.au – for contact museums and libraries
Remember that Indigenous cultures are living and consent.22 Doreen Mellor notes:
details of Central Australian Aboriginal
and evolving entities, not simply historical Within Australia there is an extensive network • state and territory government arts agencies
arts centres.
phenomena. Avoid inappropriate or outdated of Indigenous arts and craft centres. These in New South Wales, Western Australia,
perspectives and terminology when dealing • UMI Arts: Represents Queensland’s Cape Queensland, South Australia, Tasmania and
York art producing communities. Tel: (07) are Indigenous run associations directed by
with any cultural groups. Northern Territory which have staff dedicated
4041 6152. Fax: (07) 4041 6542. Email: an Indigenous committee. Working with these
centres directly ensures authenticity and to Indigenous arts programs.
2. Indigenous control umiarts@bigpond.net.au
Indigenous people have the right to self- provides a direct link back to the artist. It is Indigenous people have formed organisations
• Ananguku Arts and Culture Aboriginal also an assurance that the community and
determination in their cultural affairs and the and companies to represent their interests in
Corporation: www.ananguku.com.au the artist are supported by the sale
expression of their cultural material. There are the visual arts sector. See the contact section
– the lead agency for visual and performing of artworks.23
many ways in which this right can be respected of this guide for further information.
arts development in Anangu Pitjantjatjara
in the creation, production and exhibition of art. Yankunytjatjara Lands, South Australia. For a list of Indigenous arts and craft centres Some examples of arts projects promoting
see Valuing art, respecting culture: Protocols Indigenous control and involvement include:Visual arts 12 Visual arts 13
Principles and Protocols Principles and Protocols
• a community arts project initiated and good one from an external point of view. Interpreters and translators Collaborating with Indigenous artists
managed by an Indigenous arts organisation Consultation establishes the internal, cultural Indigenous artists in remote communities There are many situations where an Indigenous
• the commission of new work from perspective and it is important to accept that may require interpreters. Ask the artist if they artist is approached to collaborate with another
Indigenous artists it is this perspective that should determine require an interpreter. If so, ask them to identify artist, a group of artists or a community group
the appropriate course of action. a suitable person to translate. The local – for instance, in large-scale works such as
• an exhibition developed and managed by an
Aboriginal arts and craft centre or a local murals and other community landscape
Indigenous curator With regard to the process of obtaining consent:
community organisation might be able to assist projects. It is important that communication
• a large-scale visual arts conference steered • allow time (perhaps more than one if the artist cannot identify an interpreter. and consultation with Indigenous artists and
by an Indigenous reference group meeting) for communication of a proposal Interpreters should be paid for their services. their communities takes place in the initial
• an Indigenous elders’ committee appointed • allow time for a decision to be made development phase of the project. Consent
to oversee and interpret an art collection at Sensitivity of content
• remember that decisions will be made on should be obtained before going ahead.
a gallery, museum or cultural centre. Sensitive content, such as secret and sacred
other bases than the ones brought from material or gender-based works, may require It is also important to discuss copyright
outside the community – different types special communication procedures that should ownership at the outset where more than one
3. Communication, consultation of knowledge operating in Indigenous
and consent be ascertained first. Consultation may take time artist or a community is involved.
communities may conflict with the depending on the sensitivity of the material.
Communication and consultation are important requirements of a project
in Indigenous visual arts projects. Consent is Geographic diversity Case study: Community mural
• be prepared to take ‘no’ for an answer
necessary for the reproduction of Indigenous Indigenous groups vary from community to In 1987, Banduk Marika, an artist from
(but don’t take it personally)
visual arts, and if traditional communal designs community. They differ in cultural practices Yirrkala, worked on a collaboration project
are included, consent may be required from • respect the views of all factions within and language. It is important to note geographic with David Humphries and Rodney Monk of
traditional owners. a community, and ensure that consent differences and the different ways people refer the Public Art Squad. The project involved
comes from the appropriate quarter, to each other. It is also necessary to get consent the transfer of Marika’s work into a terrazzo
Communication is most effective if each group: for a particular activity or project.26 from the relevant geographic group. For artwork for the floor of the Harbourside
• is aware of the way in which their own culture Festival Marketplace.
Consultation and communication processes example, a language group from Tasmania
affects how they see an issue
will differ for each community. cannot speak for cultural and artistic material Marika had previously worked on an artwork
• endeavours to understand and build relating to the Northern Territory.
Traditional and communally owned images for a Public Art Squad community mural at
awareness of the other culture
There may be requirements to consult with Gender Sydney’s Central railway station. Marika says
• patiently unravels misunderstandings the two men, who are skilled community
the traditional custodians and community When engaging in consultation with
which arise out of cultural differences muralists, chose one of her artworks for
members, as well as the artist, for material a community be aware there may
• finds the right people within a community that is communally owned ritual knowledge. be a gender division of responsibilities reproduction in terrazzo. ‘We discussed
to consult.25 This includes depiction of creation beings and cultural knowledge. the transfer of the work in detail, and we
Consent must be informed. This means that or images. There may also be one or more had a contract which outlined the terms.’28
Photography of Indigenous people
people must be given time and information groups that have custodianship of an image Humphries said, ‘We let Marika have pretty
Many Indigenous people have expressed
to consider the requests made of them. or other heritage items. Consultation with good control over how her work was
concern about the use of their images in
As Doreen Mellor notes: and consent from each identified group interpreted and presented. We had a lot
photographs without permission. It is courteous
should be sought. Be prepared to reconsider of fun working together’.29
Consultation with a community or group to ask an artist’s permission to photograph
of people is not simply a formality... your project if consensus cannot be reached. them at events, and to use their image,
Consultation is required as a precursor to The artist or the local Aboriginal arts and craft especially for wide promotions and on the 4. Interpretation, integrity and
consent for it to proceed. It is not appropriate centre can assist in identifying any third party internet. Care should also be taken as, in some authenticity
to have decided, before consulting the from whom you require consent. communities, photographs of the deceased Indigenous artists and their communities should
Indigenous group or person involved, that may cause distress. See the ‘representation have control over how their cultural heritage is
Aboriginal artist Julie Dowling advises that presented. The presentation of a work includes
the activity is to proceed, or that its structure of deceased people’ in the secrecy and
people ‘seek eldership permission for any tribal its interpretation, integrity and authenticity.
or format is established. The idea may be a confidentiality section of this guide.
or traditional designs, or creation stories’.27Visual arts 14 Visual arts 15
Principles and Protocols Principles and Protocols
Interpretation Authenticity specific designs. The use of such designs or To protect their works, some Indigenous
Interpretation refers to how cultural material is Authenticity refers to the cultural provenance their appropriation without permission is not artists embed hidden images in their work so
interpreted and represented. This includes the of an artwork. This is often a complex inquiry. acceptable. If the inclusion of Indigenous that the artist and their family know what they
perspective given, the language used and the In this guide, authenticity may involve reference designs in a project or publication is desired, have done. This is their cultural protection as
medium in which cultural heritage material is to whether an Indigenous person produced the use must be negotiated with the artist well as their signature. The public can’t see
reproduced. In the past, Indigenous cultural the artwork; and whether it was produced with or the community involved. Usage may be it but it’s used as a trademark. It is proper
material has been subject to interpretation by proper regard to Indigenous customary law. subject to royalties and copyright fees.30 cultural practice to ask for permission when
non-Indigenous people. For example, only an artist who has the right they are working with cultural designs,
The authenticity of a work should be checked especially really traditional ones, of stories
to depict imagery under customary laws may
Today, as Indigenous people seek to re-assert and verified by an appropriate authority. from islands that they do not have a direct link.
paint some Arnhem Land language group
and reclaim control over their cultural heritage Proper permission from elders is sought.31
designs. Other images may only be depicted It may not always be obvious whether the
material, Indigenous interpretation of the
by males. proposed use of an artwork raises issues The Australia Council’s Aboriginal and Torres
material is a way of enhancing the cultural
of interpretation, integrity and authenticity. Strait Islander arts board statement on visual
significance of the work. The artist should be Authenticity is a major concern in the Indigenous arts encourages Indigenous artists to examine
The following situations are some common
given the opportunity to interpret and present arts sector. The rise in demand of Indigenous their own styles of art, rather than copying the
areas where misunderstandings arise.
his or her own works. art has led to many rip-off practices including: styles or images from other regional groups.
• production of artworks by non-Indigenous Using Indigenous cultural material
Consider interpretation and context when using The Arts NSW Indigenous Arts Reference
artists that depict Indigenous styles and are Styles and imagery Group has developed a guide, Doing it our
Indigenous cultural material:
passed off as ‘Indigenous art’ Certain styles of ceremonial painting originate way: contemporary Indigenous cultural
• Does the work reflect the cultural value of the from particular regions. For instance, rarkk
• painting of didgeridoos by non-Indigenous expression in New South Wales, to encourage
subject matter? (cross-hatching) is recognised as art from
people. The decorated instruments are respect for the diversity of Indigenous visual
• Does it expose confidential, personal or Arnhem Land, and has origins as ceremonial arts practice.
then sold as authentic Indigenous products
sensitive material? art. Arnhem Land artists find it offensive to
• the importing of fake boomerangs Stories
• Does it reinforce negative stereotypes? see their ceremonial styles copied by other
and didgeridoos sold as authentic The Indigenous artist may include a ‘story’ about
Indigenous artists, or non-Indigenous artists,
Integrity Indigenous products his or her work. Appropriate use of stories must
with no attachment or belonging to these be observed. When text descriptions of the
Integrity refers to the treatment of the original • the use of inappropriate images by artists styles. It is also offensive to copy images of
work and copies made of that work. Under artistic work are written on the basis of oral
and graphic designers, for example, creation beings such as Wandjinas and Mimis narration by the artist, the artist should be
the Copyright Act the moral right of integrity copying sacred symbols from rock art without proper claim under Indigenous laws.
provides a right of protection for individual consulted and given drafts to approve before
books for commercial logos. publication, especially if personal information of
artists against inappropriate treatment of their Indigenous artists are encouraged to develop
Indigenous people are concerned that such their own distinctive artistic expressions and the artist is included. Further, the artist has the
works. For example, the alteration of the work
practices undermine the cultural authenticity draw on their particular cultural heritage. right to be attributed as the copyright owner of
by adapting, cutting, editing or enhancing may
of Indigenous visual arts, and also rob the text. If traditional knowledge or a traditional
materially alter the original intention of the work Rosie Barkus, a Torres Strait textile designer,
Indigenous artists and their communities story is included, the storyteller or language
and infringe on the artist’s moral rights. It is also advises artists to examine their own cultural group should be referred to.
important to note that with Indigenous cultural of potential income streams.
heritage to find their own forms of cultural
material, maintaining the integrity of the work is Sensitive subject matter
There are also concerns regarding appropriation expression. She says:
important for the source communities as well. Find out if the subject matter of the work is
of imagery. As Doreen Mellor states: If I’m going to do a cultural design, I draw suitable for the proposed use and/or
When reproducing and dealing with Indigenous Public representation of copied designs or from my mum’s island (Murray Island) or my reproduction. Be aware that it is not acceptable
works, discuss the context of reproduction and images as original images has long, hard and father’s island (St Paul and Mabuiag Island). in Indigenous communities to circulate widely
any proposed material alterations. Be prepared serious implications under most Western law. I do not draw from other areas [to] which I sacred or secret material or works that have
to change your proposed use if the Indigenous There are additional issues at stake in have no claim or connection. If I do I would any gender restrictions. Artists should consider
language group or community do not agree Indigenous cultures, involving ceremony, have to get permission from the elders. the appropriate context for reproduction of
with the proposed alteration or use. custodianship and the sites relating to But I have enough inspiration from my own particular images.
cultural heritage to inform my design work.Visual arts 16 Visual arts 17
Principles and Protocols Principles and Protocols
Biographical information understand the nature of the relationship
Indigenous artists should also be given the between them. who sell Indigenous art by recommending The project is a joint initiative of NAVA,
opportunity to clear the content and use of their appropriate ways to sell and display Desart and ANKAAA.
As Doreen Mellor notes:
biographical information. Up-to-date biographies Indigenous art. It promotes the sale of
It is up to the artist to decide whether they The project aims to bring about changes in
should be used. authentic Indigenous art, and proper
wish the gallery to be the sole representative conduct in the Indigenous arts sector in an
labelling of arts and craft. It also
Marketing with integrity of their work or whether they wish to establish effort to protect the commercial interests of
recommends the use of written agreements
In the marketing of Indigenous arts, respecting a relationship with a number of galleries.33 Indigenous artists and their communities,
between galleries and artists.
authenticity and integrity of works is a priority. whether living and/or selling in urban or
It is important for the artist to be fully informed There are a great number of dealers and Galleries and retailers sign the voluntary regional areas. The code will be a basis from
about the use of his or her works, including galleries in Australia, and many are members code and in exchange the City of Melbourne which artists and the industry can promote
reproductions and use of biographical material of the following industry associations: promotes the accredited galleries and ethical practices in commercial relationships.
and text. • Australian Commercial Galleries Association retailers on its website, through its visitor It will not be prescriptive, but rather will identify
• Australian Indigenous Art Trade Association information centres and through information and acknowledge a number of commercial
Aboriginal arts centres
sheets aimed at buyers and Indigenous models and highlight best practice under
Aboriginal arts centres are owned and managed • Association of Western Australian Art Galleries.
artists. The accredited gallery or retailer those models. In 2006, a discussion paper
by Aboriginal artists. They represent the interests There is scope for protocols to be developed
will be able use the City of Melbourne was released online at . Among the sections are respecting
and documentation for artists. The Australian Indigenous Art Trade Association has to the code. community and culture, authenticity, imports
Government’s Indigenous art centres strategy developed protocols for its membership
To monitor compliance, the code agreement and exports and the Indigenous art industry,
and action plan notes that strong arts centres
is renewed annually. Accredited galleries or tourism operators and tourists.35
play a role in maintaining and strengthening
Case study: City of Melbourne’s retailers need to provide evidence of their
cultural values by operating as meeting centres
‘Code of Practice’ to monitor compliance each year. If the City of Retail outlets
as well as facilitating training, education and
Indigenous art galleries and retailers Melbourne considers that the accredited There is a growing number of Indigenous
enterprise. Sourcing work from these Aboriginal
31
In 2004, the City of Melbourne Council, gallery or retailer has not provided sufficient galleries and retailers. Contacts can be found in
arts centres is a means of ensuring the purpose
through its Indigenous Arts Advisory Panel, evidence of compliance, the gallery or the Indigenous Visual Arts and Craft Resource
of authentic artwork. Arts centres also provide
became concerned about reports of unethical retailer will be removed from the accredited Directory 2006. Indigenous artists should look
certificates of authenticity that confirm the for reputable outlets and ask questions about
practices relating to the sale of Aboriginal gallery or retailer list, and if applicable,
origin of the work. In A guide to Aboriginal art, the galleries’ or retailers’ sales and commissions
art within its jurisdiction. This included: the relevant authorities, such as consumer
the Association of Northern, Kimberley and policy. Issues relating to copyright should also
Arnhem Aboriginal Artists (ANKAAA) notes: • paying artists unfairly for their works or affairs or the police, will be notified.
be discussed.
in alcohol or drugs
All Aboriginal art should include a certificate The City of Melbourne aims to establish an Retailers are encouraged to consult with
of authenticity to establish the origin of the work. • operating sweat shops award for ethics in the sale of Indigenous Indigenous artists concerning the nine
Provenance may come in the form on an • selling fakes or frauds art, annually, as part of the Melbourne protocols in this guide.
official Art Centre or gallery label or swing tag • painting Indigenous style art and passing Awards, to a gallery or retailer in the city.
in the case of small artefacts, or a certificate Museums and public galleries
it off as painted by Indigenous artists. Case study: National Indigenous These institutions hold collections of Indigenous
of authenticity in the case of fine art items.32
In 2006, to combat this type of activity and Art Commercial Code of Conduct art and may provide opportunities for artists’
Commercial galleries to promote the diversity of Aboriginal art, The National Association of the Visual Arts work to be purchased for their collections.
Certain commercial galleries and dealers have the City of Melbourne developed a Code (NAVA) has been funded by the Australia
Many museums have developed policies for the
developed expertise in Indigenous visual arts, of Practice for Galleries and Retailers Council’s Aboriginal and Torres Strait acquisition and display of their Indigenous art
and will often support the career path of an of Indigenous Art 34, the first of its kind Islander arts board to develop a National collections. Some, like the National Museum of
artist by promoting exposure of the artist’s in Australia. Indigenous Art Commercial Code of Conduct Australia, follow protocols when deciding what
works in appropriate circles. Such arrangements and Associated Ethical Trade Strategies. products are sold through their museum shops.36
The code aims to promote best practice
can become mutually beneficial if both parties
for Melbourne city galleries and retailersYou can also read
