Arts Law Information Sheet

Cultural and Intellectual Property Policies

We have four Cultural and Intellectual Property Policies available to ensure you are following best practice policies when working with Indigenous art centres and artists.

In this information sheet:

  1. Cultural and Intellectual Property Policy for Festivals and Performances
  2. Cultural and Intellectual Property Policy to Film/Photograph an Art Centre
  3. Cultural and Intellectual Property Policy for Academic Research
  4. Cultural and Intellectual Property Policy for Indigenous Stories

We have four Cultural and Intellectual Property Policies available to ensure you are following best practice policies when working with Indigenous art centres and artists. The policies are applicable for four different scenarios. They are all available for purchase..

Cultural and Intellectual Property Policy for Festivals and Performances 

This sample Cultural and Intellectual Property Policy for Festivals and Performances should be used by an Indigenous Art Centre as a best practice policy in relation to all festivals or performances involving traditional forms of Aboriginal or Torres Strait Islander cultural traditional expression and knowledge which are hosted or staged by, or involve the Arts Centre. This policy includes a template procedure form that can be used when gaining the permission of cultural owners for particular cultural performances.

Cultural and Intellectual Property Policy to Film/Photograph an Art Centre 

This sample Cultural and Intellectual Property Policy for Media, Filming and Photography should be used by an Indigenous Art Centre as a best practice policy in relation to any filming or photography at the art centre. It applies to all filming and photography whether by visitors such as tourists or commercial operators and media organisations. The policy includes a template notice for display at the art centre and an individual artist release agreement for commercial photography and filming.

Cultural and Intellectual Property Policy for Academic Research 

This sample Cultural and Intellectual Property Policy for Academic Research should be used by an Indigenous Art Centre as a best practice policy in relation to any research conducted by a individuals or institutions external to the community which seeks access to the Art Centre or its member artists, whether publically or privately funded and whether for commercial or non-profit purposes.

Cultural and Intellectual Property Policy for Indigenous Stories 

This sample Cultural and Intellectual Property Policy for Indigenous Stories should be used by an Indigenous Art Centre as a best practice policy in relation to the recording or transcribing for any purpose of traditional stories told by members of an Aboriginal or Torres Strait Island language group. It is intended to protect the copyright, moral rights and communal cultural rights of both the storyteller and his or her community. This policy applies to the Art Centre and all visitors to the art centre.

 

NOTE: Contact Arts Law here if you have questions about a Cultural and Intellectual Property policy or if you want your policy reviewed.

Need more help?

If you have questions about any of the topics discussed above please contact Arts Law.

Disclaimer

The information in this information sheet is general. It does not constitute, and should be not relied on as, legal advice. The Arts Law Centre of Australia (Arts Law) recommends seeking advice from a qualified lawyer on the legal issues affecting you before acting on any legal matter.

While Arts Law tries to ensure that the content of this information sheet is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. Arts Law is not responsible for any loss suffered as a result of or in relation to the use of this information sheet. To the extent permitted by law, Arts Law excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to the use of this information sheet.

© Arts Law Centre of Australia

You may photocopy this information sheet for a non-profit purpose, provided you copy all of it, and you do not alter it in any way. Check you have the most recent version by contacting us on (02) 9356 2566 or tollfree outside Sydney on 1800 221 457.

The Arts Law Centre of Australia has been assisted by the Commonwealth Government through the Australia Council, its arts funding and advisory body.

Australian Government - Australia Council for the Arts