It's about recognising rights," she said. Ms Barba herself is studying law and has worked at ArtsLaw Australia as a national coordinator for its Artist in the Black project. Ms Barba knows too well the devastating effects that infringing ICIP and copyright can have on an artist. An ABC-wide initiative to reflect, listen and build on the shared national identity of Indigenous and non-Indigenous people. It covers a lot of areas. The following questions are intended as a guide to assist educational institutions in negotiations and consultations with Aboriginal communities. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. Indigenous Australians have been calling for intellectual property protection for their traditional knowledge and traditional cultural expression throughout the years. The Cairns Indigenous Art Fair 2020 will be held online through this website. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. But there's only so much that ICIP rights can do to protect Indigenous people. 1. Lawyer Terri Janke says protecting ownership of ideas encourages creativity. The development of IPR legislation is an important but often inadequate measure: alternative approaches to cultural intellectual property preservation also require evaluation. Challenges for the protection of traditional knowledge and genetic resources, traditional cultural expressions, and traditional knowledge of indigenous peoples in the international scenario. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. An agreement outlining the conditions of consent should be obtained from the owner/s for projects to commence and continue. ›› Download as PDF. 9 Indigenous cultural and intellectual property workshop, Oxfam Australia, presented by Terri Janke, Nov 2006 . Challenges for the protection of traditional knowledge and genetic resources, traditional cultural expressions, and traditional knowledge of indigenous peoples in the international scenario. As best practice, any projects involving Aboriginal cultural expression should be negotiated with the owner/s using appropriate protocols which include: An Aboriginal perspective should be sought on all issues surrounding the proposal. This article aims to give both an overview as well as to develop certain critical thinking tools that can help a reader engage with the complexity and diversity of Indigenous knowledge and intellectual property rights. Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. Refers to all aspects (both tangible and intangible) of Indigenous peoples’ cultural heritage, the nature and use of which has been transmitted or continues to be transmitted from generation to generation of indigenous people with a region. copyright guidelines ICIP refers to all the rights that Indigenous people have, and want to have, to protect their traditional Hot Topics All without her knowledge or consent. Simply put, IP law enables people to control what happens to their idea or creation — and stop others ripping it off. Indigenous Cultural and Intellectual Property refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. UN Declaration on the Rights of Indigenous Peoples - Article 31 1. Consultations is … All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people; Aboriginal people have the right to protect and manage the use of their cultural heritage and expression; Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression Ms Cubillo says there are some challenges that come with this. Based on the right to self-determination, ICIP rights are Indigenous People’s rights to their heritage and culture. Social: Facebook Page Twitter Page. "It's about the principle, and those principles are protocols. The World Intellectual Property Organization, has also organized an important seminar on the Protection of Intellectual Property of Indigenous Peoples, in 1999 and has meanwhile undertaken a study of customary intellectual property laws, which I believe reflects a more promising direction for future international discussion and action than attempts to negotiate universal substantive standards. "Traditional cultural expressions" is a phrase used by the World Intellectual Property Organization to refer to "any form of artistic and literary expression in which traditional culture and knowledge are embodied. In order to respect ICIP, Terri Janke and Company incorporates these ten True Tracks principles: Walking Together is taking a look at our nation's reconciliation journey, where we've been and asks the question — where do we go next? Does the community understand how the outcomes of the project will be used? Have you made arrangements with the community to provide feedback on the project at all stages? Gender-based works may require the publisher to follow special communication procedures which should We acknowledge that displaying Indigenous cultures via an online platform creates more opportunity for appropriation of traditional knowledge and traditional cultural expression belonging to Aboriginal and Torres Strait Islander peoples (known as Indigenous Cultural and Intellectual Property or ICIP). Internationally, the Intergovernmental Committee (ICG) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore at the World Intellectual Property Organisation (WIPO) is finalising an agreement on international instruments for protecting Indigenous cultural material and heritage. Ms Barba said her desert flowers represented "women's business" in a contemporary abstract rendition. An acknowledgement of the owner/s of the cultural heritage or expression. "The fact that people can use Indigenous words or designs without consent or consultation can be detrimental to an Indigenous community or individual.". The Australia Council for the Arts has published new protocols addressing legal, ethical, and moral considerations for using Indigenous cultural and intellectual material in the arts. Have you ensured that the community understands the copyright issues of the project? culture Indigenous cultural and intellectual property (ICIP) rights refer to Indigenous people’s rights to their cultural heritage. Cultural practices including Welcome to Country are intellectual property of Aboriginal communities and individuals. Indigenous cultural heritage and intellectual property. Her very own artwork was used to design the interior of a Polish hotel. "We have to protect our culture when collaborating. Attribute the artist's work tastefully and with respect," she said. "A lot of art is found in the public domain, for example, rock art. the collected information remains the intellectual property of the people who provided it. By way of example, set out below is the NSW Ministry of the Arts Indigenous Arts Protocol. Does your nominated Aboriginal community representative have the authority to speak for or on behalf of the proposed project? That is the right to apply for protection of Indigenous cultural and intellectual property rights, which, where collectively owned, should be granted in the name of the relevant Indigenous community. ICIP includes traditional knowledge, traditional cultural expression and … ICIP or Indigenous Cultural and Intellectual Property, refers to the cultural heritage of Aboriginal and Torres Strait Islander people. It considers the cultural However this piecemeal protection is fragmented and limited. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. ICIP means Indigenous Cultural and Intellectual Property and refers to the rights of Indigenous peoples to access, control and maintain their cultural heritage, including traditional knowledge, traditional cultural expression and artefacts. The development and use of protocols is becoming common practice in government and the corporate sector. People who undertake these practices have been trusted by their community to share this culture with the wider community. home Tel: 02 7814 3855 (31) This report concludes that, given the complexity of finding improved ways to protect the intellectual property … This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. Here's a full list of rights that ICIP covers according to Terri Janke and Company: Ms Cubillo says it's also based on the idea of self-determination. documentation of indigenous peoples' heritage in archives, commercialise ICIPR in accordance with traditional laws and customary obligations, benefit commercially from the authorised use of ICIPR, the period of copyright protection is finite and is unable to protect traditional art which has been passed through generations, All Aboriginal people are entitled to respect for their culture, All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people, Aboriginal people have the right to protect and manage the use of their cultural heritage and expression, Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression, Aboriginal people have a right to Government support in the protection and maintenance of their cultural heritage and expression. Ms Cubillo said at the heart of respecting ICIP and copyright is consultation and consent. immoveable cultural property - sacred sites, burial grounds. INDIGENOUS CULTURAL & INTELLECTUAL PROPERTY (ICIP) ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. An initiative to support Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment. A great number of generations contribute to the creation and development of Indigenous cultural and intellectual property. 604.822.8738. The intersection of the intellectual property (IP) system and the protection of Indigenous knowledge and cultural expressions is receiving increasing attention within Indigenous communities in Canada, among government policy-makers and in international trade and policy fora. There she also read out the Uluru Statement of the Heart. The Smartcopying website has been produced by the National Copyright Unit on behalf of the Copyright Advisory Groups (Schools and TAFEs). Successful alternative approaches to help establish and protect indigenous claims to intellectual property may prove as important as legislative or judicial solutions. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. She also specialises in ICIP. "Copyright protection is automatic upon creation of the work. At its simplest, indigenous intellectual property rights may be considered the overall culture of a people, handed down from generation to generation, most often by oral tradition, but sometimes also by some a kind of written means. Something she wasn't aware of until she came across it on a google search. This cultural heritage includes traditional knowledge, sacred sites, object and ancestral remains, literary, performing and artistic works, cultural knowledge, and … ICIP may be individually or collectively owned. , a paper by Indigenous intellectual property (IP) firm Terri Janke and Company, a copy can be found here: Education Licences (Statutory and Voluntary Licences), How to clear rights (where there is no Statutory Licence or Voluntary Agreement in place), National Educational Access Licence for Schools (NEALS), Newsletters: Copyright news for Australian Schools and TAFEs, https://www.ipaustralia.gov.au/about-us/news-and-community/news/indigenous-knowledge-issues-protection-and-management. "Copyright ownership is 70 years after the death of the author. The nature and use of indigenous peoples' heritage is passed down from generation to generation. The national Indigenous Intellectual Property Toolkit, specifically targeting Indigenous artists, commercial operators and consumers will provide significant benefits by increasing understanding and respect for Indigenous culture, improving relationships between the sectors and maximising ethical economic opportunities. Indigenous peoples' heritage is a living heritage and it includes objects, knowledge, performingworks, and literary works - all of those things created in the past, now and in the future. Terri Janke is a lawyer and managing director of a Sydney-based law firm specialising in Indigenous cultural and intellectual property. intellectual property rights there are obvious anomalies and gaps that enable the legal use of Indigenous knowledge in spite of the issues of morality that arise. 11.6 The Myer Report into the contemporary visual arts noted that for Indigenous cultures, intellectual property rights are an integral component of their cultural heritage. The Australia Council has released updated Protocols for using First Nations Cultural and Intellectual Property in the Arts.The premise of the new protocols has been to better endorse the rights of Indigenous people to their cultural heritage, and to support diverse First Nations creative practice. Centre for Indigenous Americas Studies. Usually the particular objects, sites and knowledge pertain to a particular indigenous group or territory. The best non-legislative means of dealing with ICIPR is to develop an organisational cultural protocol. ICIP stands for Indigenous Cultural and Intellectual Property. Have you acted in good faith and respected the privacy of Aboriginal peoples and communities? Centre for Indigenous Americas Studies. Her design, "flowers of the desert", were used on carpets and indoor panels throughout the hotel. "But if you want to use it in a contemporary setting, you have to get permission.". Indigenous cultural and intellectual property is collectively owned, socially based, and evolving continuously. They are transmitted from one generation to the next, and include handmade textiles, paintings, stories, legends, ceremonies, music, songs, rhythms and dance." The Indigenous Intellectual Property Program grant supports Indigenous peoples' IP awareness and capacity building as well as participation in the development and implementation of law, policy and programs at both the domestic and international level relating to the relationship between IP and the protection of Indigenous knowledge and cultural expressions. Print this page There is no need to register a work in some official register.". The PBC website acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. • Indigenous cultures are dynamic and evolving and protocols within each group and community change. ICIPR may be protected by copyright, trade marks, confidential information, passing off and trade practices law. Wakka Wakka and Yuin artist Bibi Barba says copyright law doesn't protect ICIP. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. "And if that goes into the public it kind of comes up for grabs. Protocol 3 is called ‘intellectual property’ but covers what is known as ICIP: Indigenous cultural and intellectual property. Does the community understand the aims, objectives and methodology of the project? But that's hard with Indigenous people because it's ongoing," she said. That's because ICIP rights are based in customary laws which are not recognised by the legal system. Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. ICIPR is a reference to indigenous peoples' rights to their heritage. Indigenous cultural and intellectual property. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. Importance of intellectual property. Art is an incredibly important part of Indigenous culture, but the protections afforded by existing intellectual property and consumer protection laws have at times proven inadequate and poorly adapted to protect Indigenous rights. Indigenous Cultural and Intellectual Property (ICIP) Rights refer to all aspects of Indigenous peoples’ cultural heritage. Have you received written consent from the traditional owners/custodians of ICIPR for the project? She was also invited to the World Intellectual Property Organisation (WIPO) in 2018, which is one of the 15 specialised agencies of the United Nations in Geneva. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Intellectual property … For copyright, however, it's a different story. In the absence of an effective protection regime Indigenous knowledge holders have been forced into a situation where theyoften have to rely on the good will of others to ensure that the project will not result in damage to Aboriginal cultural integrity; and. Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices or names of deceased persons in photographs, film, audio recordings or printed material. But there are moral rights. A 1992 Report of the United Nations Secretary-General on the Intellectual Property of Indigenous Peoples states that Indigenous peoples' intellectual property can, for analytical purposes, be 'usefully divided into three groups: (i) folklore and crafts; (ii) biodiversity; and (iii) Indigenous knowledge'. What is ICIP? In brief 3 min read. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. Terri Janke, Our Culture: Our Future – report on Australian Indigenous cultural and intellectual property rights, Michael Frankel and Company, produced under commission of the Aboriginal and Torres Strait Islander Commission and the Australian Institute of Aboriginal and Torres Strait Islander Studies, 1999. A protocol may include guidelines on procedure, a code of behaviour or a set of rules on how to recognise and deal with ICIPR. Arts Law Centre of Australia's website says copyright is "a bundle of economic rights which give [the] owner the exclusive right to do certain things in relation to the object it protects.". 5 Gender Some images and knowledge may be gender-specific and may only be seen by initiated men and women. ", "And that ICIP from my grandmother was tarnished.". Website. In addition, there are many different Indigenous Australian groups. A clear description in plain and appropriate language of: what the anticipated benefits to the community will be. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. For example, maintaining the knowledge of the medicinal properties of a plant as confidential information might be effective. Sometimes the words “Cultural Heritage” are used to mean the same thing. If someone copies that and distributes it, they now own that image. Essentially, ICIPR are a bundle of rights of indigenous peoples which protect the right to: There is no specific legislation in Australia that recognises ICIPR. What are Indigenous Intellectual Property Rights? Contact: 1985 West Mall, Vancouver, B.C., V6T 1Z2. ›› See page on Indigenous Cultural & Intellectual Property. Join us as we listen, learn and share stories from across the country, that unpack the truth-telling of our history and embrace the rich culture and language of Australia's First People. Principle 9 –Maintaining Indigenous Culture 25 • Consider how a proposed use might impact on the future use by others who are entitled to inherit the cultural heritage. Does your proposal safeguard Aboriginal sensibilities. "For them to take that and translate it into a carpet, and take it apart … I was just devastated. National Copyright Unit "There are gaps in the law which mean that unless Indigenous people can meet the requirements of intellectual property laws like copyright, their rights are unprotected and open to exploitation," the Terri Janke and Company website states. Indigenous peoples require full and proper attribution. We acknowledge that displaying Indigenous cultures via an online platform creates more opportunity for appropriation of traditional knowledge and traditional cultural expression belonging to Aboriginal and Torres Strait Islander peoples (known as Indigenous Cultural and Intellectual Property or ICIP). Xwi7xwa Library Guide Xwi7xwa Library. Email: email@example.com, The Official Guide to Copyright Issues for Australian Schools and TAFE, Indigenous Cultural and Intellectual Property Rights. Her visual storytelling uses knowledge and motifs passed down from her grandmother. Level 7, 105 Phillip St, Parramatta She says ICIP covers many things, including: "Traditional knowledge, cultural practices, spiritual knowledge, ancestral material and languages.". Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution 4.0 International Licence. Indigenous people’s heritage is a living heritage and includes objects, knowledge, stories, songs, dances and However, intellectual property laws offer protection for traditional knowledge and Indigenous cultural expression in only a modest way. 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Creative Commons Attribution 4.0 International Licence. Ms Barba says by valuing and respecting Indigenous culture. When I started my career in the mid-1990s, I worked with the legal team on the Carpets Case. For example, copyright can only provide limited protection of ICIPR, in particular: Increasingly indigenous communities are using non legislative means such as contract and protocols to protect their ICIPR. Indigenous Cultural and Intellectual Property Rights. In Geneva, she got to be a part of the Indigenous Caucus and chair it. Sometimes the words … T The nature or use of Indigenous heritage material is such that it is transmitted or continues to be transmitted from generation to … Indigenous cultural heritage and intellectual property. ›› The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.
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