Performing arts
Implementation
• H
ave the relevant Indigenous people been
consulted on the proposed project? Is there
one person or a language group who has
authority to speak for a particular work?
Have they been consulted?
• Have you sought permission from the
relevant people to tell the story?
• Is it a story that should be told by Indigenous
rather than non-Indigenous people?
• Does the dance belong to an Indigenous
person or group and do you have permission
to perform it?
• Is the particular story or music acceptable
for public use, or is it subject to restrictions?
Always discuss this with Indigenous custodians.
• Have you advised elders or people in authority
of the possible risks and benefits from the
wider performance of their cultural material?
• Will the community or individual who is the
subject of the play see it prior to public
performance, and is there time allotted for
incorporating their suggestions?
• Have you complied with any intellectual
property policies in place?
• Has sufficient time been allowed for
consultation? Consultation should address
the communal nature of Indigenous
cultural expression.
• Are you flexible with time? The consultation
process may be lengthy so do not expect to
have a reply to a question in a day or a week.
Each community will need a reasonable
period of time to consider and consult within
their communities.
• Are you planning to write a play that depicts
an identifiable individual or community? If so,
ask the individual, community or relatives of
the individual for permission, and observe
close consultation and consent throughout
the process.
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• A
re there plans to license the work to another
company? Are there consultation processes
built into any agreements for ongoing use?
• Is your project part of an ongoing partnership
with the community? Could it be developed
that way? Remember that consultation
is an ongoing process for the life of the
performance, the work and the company.
• Have you asked what sorts of performances
the community would like to see or hear
more of?
• Have you sought the consent of the
storytellers or writers (including next of kin
if deceased) and the traditional custodians
for use of their cultural material?
• Has the consent of the relevant Indigenous
people been obtained on all issues raised in
the communication and consultation process?
• Are you proposing to adapt or alter, record
or license the work? Prior informed consent
must be sought for all uses.
• Have you avoided disclosing sensitive
information without discussion and consent?
Disclosure about a person who has passed
away will be very sensitive.
• Have you received permission from all the
Indigenous people affected by the disclosure
of confidential information?
• Have you considered the possibility that
there may be no consent to your proposal?
4. Interpretation, integrity
and authenticity
Be responsible for your representations of
Indigenous cultures. The following are some
questions that need to be answered.
• How will your work affect the Indigenous
group it is based on?
• Does it empower Indigenous people?
• Does it depict or expose confidential,
personal and/or sensitive material?
Performing arts
Implementation
• D
oes it reinforce negative stereotypes?
• Are you proposing to adapt or alter the
cultural heritage material in any way?
• Have you discussed this and gained consent?
• Will the individual or community who is
the subject of the work get an opportunity
to see the work prior to public release?
Have their suggestions been incorporated?
• Have you checked the proposed Indigenous
Communal Moral Rights legislation that will
introduce new legal obligations? You may
require community input to ensure literary,
musical, dramatic and artistic works and films
are not treated in an inappropriate manner.
• Have you sought advice on the correct cultural
context for the performance material and the
correct cultural context for heritage material?
• Have you asked about any restrictions on
the material, and the exact meaning of any
language words if unsure?
• Are there any restrictions on performance
such as where, when and by whom?
• Are you using heritage material such as
imagery, music and language with proper
regard to gender, language group affiliations
and cultural restrictions?
• Is it a story that should be told only by
Indigenous people?
5. Secrecy and confidentiality
Indigenous people have the right to maintain
confidentiality about their personal and
cultural affairs.
• Secret and sacred refers to information
that is restricted under customary law.
The right of Indigenous people to protect
secret and sacred cultural knowledge
should be respected.
• The right of Indigenous people to keep
cultural knowledge confidential and control
its use should be respected.
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• D
oes the performance expose confidential
or sensitive material?
• Be aware that the inclusion of personal material
may be sensitive. If it is objected to by family
or language group representatives, leave it out.
• If depicting deceased people, seek
permission from the family or language
group representatives. Discuss issues
of interpretation and authenticity.
• It is a good idea to speak to elders and/or
other Indigenous people in authority to
identify sensitivities, sacred material or
religious issues in the depiction of images,
stories and events.
6. Attribution and copyright
Indigenous people should be given proper
credit and appropriate acknowledgement,
including copyright and royalties, for their role
in the development and use of their Indigenous
cultural material.
Copyright protects specific categories of material.
The material must be original and must be
reduced to material form. To be original, for
the purpose of copyright protection, the author
or authors must have applied sufficient skill,
labour and judgment to create the work.
To be ‘reduced to material form’ means the
work must have been written or recorded.
When publishing or licensing a dramatic work
it is necessary to get copyright clearance from
the copyright owners.
Attribution
• Be sure to attribute the performance to all
Indigenous custodians, the source community,
writers, actors, dancers, directors, designers,
choreographers, technical personnel and
cultural consultants who contributed to the
work at all stages.
• Ask for correct wording of how the person
or community wishes to be attributed with
ownership or contribution.