Performing arts Introduction These performances are carried out primarily by Indigenous Australians or are based on the cultural expression of Indigenous Australians. Indigenous performance draws on and embraces a full range of dramatic styles and forms including: • street theatre • improvisation • readings • ceremony • dance performance • dramatic performance • festivals. Indigenous performance is generally a collaborative process with Indigenous and non-Indigenous performers, writers, directors, dramaturges and production specialists working together. A performance may incorporate many different artforms. Some of these artforms, including music, design and the published version of a play, are covered in other guides in this protocol series. Special nature of Indigenous performance For Indigenous cultures, drama and performance are central to identity, place and belonging and are an expression of a unique and continuing tradition. Indigenous performance has an important place in the transmission of Indigenous culture. It has been a primary means of: • renewing and teaching law and culture • ceremony • storytelling • preserving language • entertainment • recording personal stories 06 • recording stories of common Indigenous Australian experiences • telling Indigenous experience to the wider community • celebrating • commenting on life, society and politics • showcasing and sharing Indigenous experiences through collaborative writing, performance and recording • sharing Indigenous experience with audiences in Australia and overseas. This guide outlines the current legal framework in relation to performing arts. While protocols for Indigenous performing arts differ from legal obligations, it is important to include both legal and cultural obligations in an effort to guide the reader towards developing best practice. Performance is essentially a collaborative process; very few dramatic works are completely solo productions. This raises many issues for Indigenous performers in the use of cultural heritage and appropriate production of their work. Some issues of concern include: • Who has the right to use Indigenous material? • Who has the right to speak for the owners of Indigenous cultural material? • What is proper treatment of Indigenous cultural material including creation stories, ceremonial dances and other forms? • How do you properly attribute Indigenous performances, which incorporate traditional dance? • Should sensitive material be referred to and if so, how? • How should real people and real events be dealt with in performance? Many other important issues are addressed in subsequent chapters. Performing arts Introduction Indigenous heritage The Indigenous performing arts are an important means of expressing Indigenous heritage – past, present and future. Indigenous heritage, enshrined in Indigenous cultural and intellectual rights, is discussed at length in Our culture: our future.5 Under copyright laws, these rights are not always protected and this is why we encourage the use of Indigenous protocols. The performing arts sector can adopt a best practice approach by encouraging respect for the cultures of Indigenous Australians. It can do this by acknowledging their innate value, their difference from other cultures, and by respecting Indigenous ownership and control of Indigenous heritage. All Indigenous artists are responsible for safeguarding cultural knowledge and expression. They need to ensure that Indigenous cultures, both in the past and today, are protected and maintained in their works. In this way these cultures can be passed on to future generations. There are many Aboriginal and Torres Strait Islander cultures – not just one. These cultures have developed over thousands of years and have been passed down from generation to generation. Despite the enormous impact of the invasion in 1788, Indigenous cultures have continued to develop. An Indigenous person’s connection to Indigenous heritage is expressed in contemporary life through his or her relationship with land, waterways, animals and plants, and his or her relationships with other people. Aboriginal and Torres Strait Islander people have a well developed and complex web of relationships based on family ties, language group affiliations and community, and organisational and government structures. A range of authority structures exists across urban, regional and remote communities. It is important to acknowledge the complexity of Indigenous Australia when negotiating the use of Indigenous heritage for a performing arts project. 07 Indigenous Australians are concerned that there is no respect for their Indigenous cultural knowledge, stories and other cultural expression in the wider Australian cultural landscape. Concerns include the current legal framework that does not promote or protect the rights of Indigenous people – particularly to own and control representation and dissemination of their stories, knowledge and other cultural expression.6 The process of following the protocols not only supports Indigenous heritage rights, but also promotes diversity and new initiatives in the performing arts and culturally appropriate outcomes. Our culture: our future Indigenous cultural and intellectual property rights refer to Indigenous people’s cultural heritage. Heritage comprises all objects, sites and knowledge – the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Indigenous group or its territory. Indigenous people’s heritage is a living heritage and includes objects, knowledge, artistic, literary, musical and performance works, which may be created now or in the future, and based on that heritage. Indigenous cultural and intellectual property rights include the right to: • own and control Indigenous cultural and intellectual property • ensure that any means of protecting Indigenous cultural and intellectual property is based on the principle of self-determination

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