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 02 41 42 42 42 43 44 44 45 45 46 47 47 47 48 48 48 49 49 49 49 49 50 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 53 53 53 54 55 55 56 56 57 57 57 57 58 58 59 60 66 68 72 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.

Select target paragraph3