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
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• 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.
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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