As first published in February 1997.
A number of enquiries to the Centre have concerned the right to reproduce aboriginal motifs. In a particular instance, the caller had been accused of "breaking copyright" and sought some advice about his position.
A legal officer advised the caller that the Copyright Act does not yet specifically recognise the rights of traditional owners to particular images or motifs beyond the usual period set out in the Act - that is, the lifetime of the artist plus fifty years. The caller was also informed that Aboriginal people are the owners of the work and of the religious and cultural value attributed to works of art. Further, as a matter of customary law, no person is entitled to use or transport an image owned by a particular group without the informed consent of the custodian of the image.
In this instance, the image was a sacred one and permission to reproduce it was likely to have been refused. The Centre urged the caller to pay some respect to Aboriginal customary law and desist from further exploiting the particular image.
For further information please contact our Artists in the Black service.
The Australia Council for the Arts has also released a series of five Indigenous protocol guides, which provide information and advice on respecting Indigenous coultural heritage. These are available online at http://www.ozco.gov.au/arts_resources/publications/cultures_indigenous_protocol_guides/
