ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Sometimes the words “Cultural Heritage” are used to mean the same thing.
1. What is ICIP?
Different laws all over the world protect some of the things that people produce as a result of their intellectual effort. The things protected include artworks and designs. These laws are generally referred to as “intellectual property” laws.
ICIP refers to all of the rights that Indigenous people want to have (and want to control) to protect their arts and culture. The idea of ICIP is based on the principle of self-determination. ICIP is said to include these rights:
- Right to ensure that traditional laws and customary obligations are respected, particularly when money is made from ICIP
- Eg when a T-shirt is manufactured with a print of a traditional motif on it, the design should be one that is allowed to be used for this purpose.
- Right to be paid for use of your ICIP, particularly if it has been used without your permission
- Eg If someone copies your artwork onto fabric and sells it, then you get paid for the illegal use of your work.
- Right to full and proper attribution or naming of the community connected with the work
- Right to protect traditional knowledge and sacred cultural material
- Right to prevent insulting, offensive and misleading uses of ICIP in all media
- Eg an artwork containing traditional knowledge is printed on underwear. The artist should be able to stop that happening.
- Eg A large painting containing traditional knowledge is cut up by a gallery to make 10 small paintings. The artist can take action to get an apology and money for the harm caused.
- Right to control the recording of cultural customs and expressions, and language which may be essential to cultural identity, knowledge, skill and teaching about Indigenous culture
- Eg by being able to place conditions on an anthropologist who wants to make a book about your language.
2. What does ICIP cover?
ICIP covers many things. Some of these are:
- writing eg a book, poetry
- music eg a song
- performances eg dance, ceremonies
- artistic work eg painting
- languages
- tangible cultural property eg sacred sites, burial grounds
- intangible cultural property eg stories passed on verbally
- documentation of Indigenous peoples’ heritage in all forms of media eg reports, films, sound recordings
3. Does Australian law protect ICIP?
Australian law only protects some ICIP, including:
- Works that are protected by Australian copyright law. Australian copyright law protects the material expression of an idea eg in a painting, a song that is written down or taped or a written story
- Moral rights of individual artists
- Designs that come under the Australian Designs Act
Australian law does not protect other aspects of ICIP, including:
- The underlying idea or information that is put into a work eg the story told in a painting
- A style or method of art eg cross hatching or dots
- Some performances such as dance and music if they have not been recorded at all
- In general, a community’s rights in an artwork
Further Information
Australian Copyright Council Website: www.copyright.org.au
DISCLAIMER
This publication is intended as a guide to the law only. It is not legal advice and should not be used as a substitute for legal advice. Although all care has been taken in preparing this document, the Arts Law Centre of Australia does not guarantee the accuracy, adequacy or completeness of any information and is not responsible for any errors or damage suffered as a result of it being relied upon. Legal advice should be sought on the specific issues affecting you.
The law as at 6 January 2006. This information applies to people who live in, or are affected by the law as it applies in Australia.
The Arts Law Centre of Australia has been assisted by the Australian Government through the Australia Council, its arts funding and advisory body and Copyright Agency Limited.
