Functions and Philosophies:
Respect:
Out of respect to the original custodians of the land, the Aboriginal people retain the rights to all “indigenous images, designs, stories and other cultural expressions”. As a means of protecting and acknowledging these rights, certain protocols have been established.
Acknowledgment of Country:
The Aboriginal culture has an extremely strong connection with the land and as such, a “welcome to country” address should now be given at the opening of all exhibitions, installations and events of local, state and national importance.
Public Art – Acknowledging Land:
Before the installation of indigenous art in a public place, it is common practice to seek permission from the local aboriginal community to ensure that the artwork does not cause them offence. This is particularly important when an artist from one trip is exhibiting work on the land of another tribe.
Accepting Diversity:
It is important to acknowledge the wide variety of indigenous artwork, their significance, and the fact that it is constantly evolving in the same way that all art does.
Recognition and Protection:
All artwork created by Indigenous artists are protected under the Copyright Act, therefore making them the owner of the copyright.
No special consideration is given in terms of copyright when dealing with Indigenous artwork. This includes the recognition of “communal ownership of heritage material” and the “right of heritage custodians to control the use of this material.”
Moral Rights and Issues:
In referencing Aboriginal motifs, it is important to remain respectful and true to the original style, cultural significance and meaning behind each type of artwork. The following needs to be considered:
- does the artwork cause offence to a particular individual or indigenous community?
- is a clearance required from the original custodians of the land or an indigenous organisation for the use of artwork or a traditional style?
- is the content sensitive in terms of its sacredness?
- does it reference a secret form or artwork that should not be publicised?
- is the artwork gender specific?
- “does the work reflect the cultural value of the subject matter?”
- “does the work reinforce negative stereotypes?”
-has the work been altered in such a way that the integrity of the piece has been lost?
- does it involve the reproduction of a deceased artists work?
- does the work infringe copyright laws?
- will the work require ongoing consultation with the ever-evolving indigenous community?
Ultimately, the work should not be passed off as traditional Indigenous artwork as it is seen to “undermine the cultural authenticity of Indigenous visual arts”.All quotes and research from the "Indigenous Visual Arts Protocol Guide"
