Performing arts
Contents
How long does copyright last?
What rights do copyright owners have?
Performers’ rights
Copyright and performers’ rights
Collaborative works
Communal ownership versus
joint ownership
Recording performances
What are moral rights?
Indigenous communal moral rights
Managing copyright to protect
your interests
Copyright notice
Moral rights notice
Licensing use of dramatic and
dance works
Assigning copyright versus licensing
When is copyright infringed?
Fair dealings provisions
Crown use of artworks
Library copying
Educational copying
Further copyright information
Creative Commons
Copyright collecting societies
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Introduction
Implementation
1. Respect
2. Indigenous control
3. Communication, consultation
and consent
4. Interpretation, integrity
and authenticity
5. Secrecy and confidentiality
6. Attribution and copyright
7. Proper returns and royalties
8. Continuing cultures
9. Recognition and protection
Common issues
Festival performances
Dramatic and dance works
Recording dramatic and dance works
Copyright infringement
Resources
References
Bibliography
Contacts
Acknowledgements
Performing arts
Introduction
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03
They are relevant to anyone working in or with
the Indigenous arts sector, including:
Australia’s Indigenous artistic and cultural
• Indigenous and non-Indigenous artists
expression is rooted in thousands of years
• people working within related fields of
of practice and its uniqueness has been
Indigenous artform practice
recognised internationally.
• Australian and state government departments
When the Musée du Quai Branly opened in
• industry agencies and peak organisations
Paris in 2006, visitors were spellbound by the
• galleries, museums and arts centres
immense power of the large collection of
Australian Indigenous art works, including special • educational and training institutions
landmark commissions on the ceilings and
• Indigenous and targeted mainstream media.
façade by eight of Australia’s best known
The protocol guides endorse Indigenous cultural
Indigenous contemporary artists. In May 2007,
and intellectual property rights – the rights of
Emily Kngwarreye’s Earth’s Creation sold at
auction for more than $1 million, the highest price Indigenous people to own and control their
cultural heritage. These rights are confirmed
ever for a painting by a female artist in Australia.
in the 2006 United Nations Declaration of the
While works by individual artists such as these
Rights of Indigenous Peoples,1 which says
are protected by copyright, there are often no
Indigenous people have the right to practice
legal rights around the broader reproduction
and revitalise their cultural traditions and
and use of Indigenous cultural heritage material. customs. ‘This includes the right to maintain,
Australia does not yet have a law that prevents
protect and develop the past, present and
alteration, distortion or misuse of traditional
future manifestations of their cultures, such as
symbols, songs, dances, performances or
archaeological and historical sites, artefacts,
rituals that may be part of the heritage of
designs, ceremonies, technologies and visual
particular Indigenous language groups.
and performing arts and literature.’
That is where the Australia Council for the Arts’ In Our culture: our future2, Terri Janke
protocol guides come in. The five guides in the recommended significant changes to laws,
suite spell out clearly the legal as well as the
policy and procedures to protect Indigenous
ethical and moral considerations for the use of
cultural knowledge and expression. The
Indigenous cultural material. They can help
Australian Government has yet to make
people do the right thing. These guides
a determination on this matter.
recognise that in Indigenous Australian
communities the artist is a custodian of culture,
with obligations as well as privileges.
The five guides in the suite are:
• Media arts
• Music
• Performing arts
• Visual arts
• Writing.