On Lardil Country: Protecting Culture and Creativity on Mornington Island

Alex Komarowski Arts Law volunteer and McCullough Robertson lawyer, and artist Joelene Roughsie with a developing work of the artist
Arts Law volunteer and McCullough Robertson secondee, Alex Komarowski and artist Joelene Roughsey at Mirndiyan Gununa, Mornington Island (work in development, untitled).

By Alex Komarowski, Lawyer, McCullough Robertson

Our recent visit to the vibrant Mornington Island, nestled in the Gulf of Carpentaria, offered a profound reminder of the rich cultural heritage and artistic innovation flourishing within First Nations communities. Flying into Mornington Island, you first notice the colours and patterns of the region’s stunning landscape- lush greens swirling playfully with vibrant blues as the estuarial flats of north Queensland give way to the gulf of Carpentaria. 

This vibrancy characterises Mornington itself, whose pristine beaches are dotted with richly pink hued love rocks, traditionally collected by the women of Lardil country when they want to charm a certain man (or so the artists tell me). It’s a vista so spectacular one would be tempted to dive in, were it not for the crocodiles.

The island’s stunning landscape is faithfully and masterfully reflected in the captivating and unique artwork emerging from the Mornington Island Art Centre. These distinctive pieces, gaining international acclaim, beautifully reflect the natural beauty of Lardil Country.  I was particularly reminded of the late Sally Gabori, a celebrated artist from the Centre who made history with the first overseas solo exhibition by an Aboriginal artist and whose work serendipitously graces the Banco Court in Queensland, where I was admitted in 2022.

I was deeply honoured to join the Arts Law Centre of Australia’s vital Artists in the Black initiative on Lardil Country. This outreach clinic provided an invaluable opportunity to support the talented artists of Mornington Island on a range of intellectual property matters, ranging from topics such as licensing and

moral rights attribution, to ensuring copyright is appropriately assigned in artists’ wills.

For an early career IP lawyer with a background in the arts, this experience was unparalleled. It allowed me to hone my legal skills within a nuanced and deeply meaningful environment, while directly contributing to the empowerment of artists in preserving their creative practices.

The timing of our visit was particularly significant.  With ever increasing attention being paid to the Indigenous art sector (at the same time as our visit, representatives from the Australian Museum engaged with the artists regarding the acquisition of a monumental 20-metre artwork), the growing national and international recognition of the Indigenous art sector became palpable.  As stakeholders become increasingly aware of the economic significance of preserving First Nations art, and the anticipation for standalone legislation regulating Indigenous Cultural Intellectual Property mounts, our work in reinforcing the importance of protecting artists’ intellectual property rights felt more critical than ever – not only for the individual artists but for the broader preservation of culture

I am immensely grateful for the chance to contextualise my practice in this manner, while receiving unique insight into the multifaceted nature of art – as a cultural product, a source of personal expression and catharsis, an economic driver, and as intellectual property. Witnessing the interplay of these dynamics firsthand in the lives and works of the Mornington Island artists was truly illuminating both professionally and personally.

I extend my sincere gratitude to John Armstrong, the Art Centre Manager and our exceptional guide, for his generous hospitality. Our deepest thanks also go to the incredibly talented artists of the Mornington Island Art Centre for their trust and warm welcome. The nurturing environment fostered by the Art Centre clearly demonstrates why the Art Centre has become such a pillar of the Mornington Island community.

Finally, I would like to express my appreciation to Louise Buckingham and the entire Arts Law team for facilitating this profound experience and for their unwavering dedication to this important field, and to my firm, McCullough Robertson, for giving me the opportunity to hone my practice with a such special and formative experience McCullough Robertson is proud to support organisations like Arts Law and initiatives such as Artists in the Black, reinforcing our commitment to strengthening access to justice and protecting First Nations cultural heritage.