Performing arts Contents Australia Council for the Arts 372 Elizabeth Street, Surry Hills NSW 2010 PO Box 788, Strawberry Hills NSW 2012 ABN 38 392 626 187 Telephone +61 2 9215 9000 Toll-free 1800 226 912 Facsimile +61 2 9215 9111 Email mail@australiacouncil.gov.au www.australiacouncil.gov.au This publication is available online at www.australiacouncil.gov.au © Australia Council 2007 First published 2002, edited and revised 2007. This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Australia Council. Requests and inquiries concerning reproduction and rights should be addressed to the Director Marketing and Communication, Australia Council for the Arts, PO Box 788, Strawberry Hills NSW 2012 Australia or to comms@australiacouncil.gov.au. ISSN 978-1-920784-37-9 Design Bright Red Oranges Print e2e managment pty ltd Cover Bangarra Dance Theatre’s Shelter, 2000. Image courtesy of Bangarra Dance Theatre Indigenous design element: joorroo, Darrell Sibosado 2002 The Australia Council respects Indigenous communities and culture. Readers should be aware that this protocol guide may contain references to members of the Indigenous community who have passed away. Important Notice The information included in this guide is current as at September 2007. This document was first published under the title ‘Performing Cultures’ in 2002. This guide provides general advice only. It is not intended to be legal advice. If you have a particular legal issue, we recommend that you seek independent legal advice from a suitably qualified legal practitioner. Introduction Using this guide What are protocols? What is Indigenous performance? Special nature of Indigenous performance Indigenous heritage Current protection of heritage 01 3 4 5 5 6 7 8 Drama principles and protocols Respect Acknowledgement of country Accepting diversity Representation Living cultures Indigenous control Engaging Indigenous contributors Communication, consultation and consent Time frames for consultation and consent Consultation on all stages of production Complexity of the consultation process Consultation issues for contemporary creators No means no Interpretation, integrity and authenticity Interpretation Integrity Authenticity Secrecy and confidentiality Secret and sacred material Representation of deceased people Personal privacy Attribution Proper returns and royalties Wages and conditions Royalties Other payment and condition issues Continuing cultures Recognition and protection 10 10 11 11 11 12 13 13 16 16 16 17 17 17 17 18 19 20 20 21 21 21 21 21 22 22 22 23 Dance principles and protocols Respect Acknowledgement of country Representation Accepting diversity Living cultures Indigenous control Communication, consultation and consent Duration of consultation on performances Interpretation, integrity and authenticity Integrity Authenticity Interpretation, integrity and authenticity when recording Interpretation, integrity and authenticity in collaborative projects Secrecy and confidentiality Secret and sacred material Personal privacy Representation of deceased people Attribution Proper returns and royalties Continuing cultures Recognition and protection Cultural protocols on Aboriginal dance 24 24 24 24 25 25 26 27 27 28 28 29 29 29 30 30 30 30 30 31 32 33 Common issues Welcome to country Communication, consultation and consent Fees and employment conditions Residuals Royalties Festival performances Management and agency agreements Creative Commons licensing Copyright What is copyright? How does copyright protect performance? Originality How is performance reduced to material form? Who owns copyright? Copyright exceptions 35 35 36 37 37 37 39 39 39 39 39 40 40 41 41

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