Performing arts
Drama principles and protocols
We get calls to do all kinds of work for
nothing. It’s a plague! There is a real attitude
that Indigenous performers should ‘do it for
love’. But it misses the point that the value of
Indigenous economic development is in the
arts. Looking after the arts is part of looking
after the community’s wellbeing.
It’s one thing to focus on building houses,
but a lot of times there’s a need to find the
rightful place of Indigenous arts in the
Indigenous cultural context. For instance,
performing the animal dances is about
learning about the animals and about how
to hunt them. It’s really about feeding
families. The segmenting off of the arts has
changed this value. It tends to be seen as
a ‘free air filler’ at events. Those attitudes
have changed the role of the performing
arts and the proper understanding of its
value. The important role of the arts, and
respect for that role have been damaged.51
Royalties
Royalties are paid as a percentage of either
the box office or the sale of the work. Writers
generally receive royalty payments on the first
season. Directors, dramaturges, designers and
in some instances, actors, may receive royalties
on the first season, but often they are not paid
royalties until subsequent seasons.
Royalties may be negotiated by individuals and
included in contracts. In some cases royalties
are paid to the Indigenous community, which
has participated in the work.52
Royalties are also paid to the originating theatre
company when it licences the performance
rights to the work. Generally, a small Indigenous
theatre company will license to a larger
non-Indigenous theatre company. At present
there is no recognition in the royalty structure
for the effort, time and cost to Indigenous
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theatre companies of consultation and
adherence to cultural protocols in the
development phase.53
Other payment and condition issues
Apart from the usual wages and allowances for
travel and accommodation, Indigenous writers,
performers and directors may have specific
cultural requirements, which must be met if
they are to participate in a work. For instance,
some Indigenous participants may have
particular dietary or medical requirements that
must be met if they are to spend extended
periods away from home – touring, for example.54
Performers are also familiar with the seasonal
nature of their work, and it is an important
factor when negotiating wages and conditions.
As Wesley Enoch puts it, ‘a cheque has to go
a long way!’55
In New South Wales the government has set
policy guidelines for a recommended fee for
service for Aboriginal cultural performances.
Suggested minimum fees are provided for
‘welcome to country’, didjeridoo performances
and dance performances.56
8. Continuing cultures
Indigenous people are responsible for ensuring
that the practice and transmission of Indigenous
cultural expression is continued for the benefit
of future generations.
Cultures are dynamic and evolving, and protocols
within each group and community will also
change. Consultation is an ongoing process,
and thought should be given to ways of
maintaining relationships for future consultation.
This might include consultation at a later date
for further uses of the material not envisaged at
the initial consultation.
The protocols need to be followed throughout
the process of development, production and into
touring and licensing arrangements. If a company
Performing arts
Drama principles and protocols
licenses use of work to be presented by another
group – for example, re-staging a play – the
agreement should be clear on any protocols to
be followed during the re-staging process.
For instance, the company, which originally
developed the work, may require that the
source community or particular contributors
view the work prior to public performance, or
be credited at each performance. In addition to
these protocols, the ownership of the cultural
heritage material should be clarified.
Comment: Yirra Yaakin
In some cases, if you insist that protocols
are followed you can be marginalised.
We have a multi-award-winning production
called Windmill Baby which has toured all
over the world, but we can’t tour this play
to the major cities in Australia, because
they won’t agree to follow the protocols.57
At Yirra Yaakin we have an ingrained sense
of protocol. We always advocate for an
authentic Aboriginal experience, rather than
a play with Aboriginal themes. We actively
exchange our cultural authority amongst
our Indigenous nations worldwide. In
Australia we are still slowly coming away
from an anthropological view, where
non-Aboriginal people feel they have the
right to tell our stories. We draw on all the
experiences of being Aboriginal with
connections to the past and contemporary
life. Aboriginal culture is very much a living
culture and the urban experience
contributes as much value as the regional
and remote experience.
Through our dreaming process, we are
developing new visions, new cycles and
we are accepting of a purely blackfella
imagination which is based on everything
that is part of being Aboriginal.
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Other Aboriginal people in Western
Australia, outside urban areas are doing the
same thing. The Bardi Dancers, for example,
perform an important dance and songcycle, which was dreamed in the last 40
years, and in June 2006 this was the
historical performance at Stonehenge
in the UK.
This was entirely relevant and significant,
highlighting the clear link to past tradition
and living culture.58
9. Recognition and protection
Australian law and policies should be developed
and implemented to respect and protect
Indigenous heritage rights.
Yirra Yaakin Noongar Theatre is developing the
concept of ‘branding’ for its dramatic works.
While Yirra Yaakin invests the time, effort and
financial resources in proper consultation,
frequently it is not attributed when the dramatic
work reaches the national or international
stage. Effective branding of a Yirra Yaakin work
will increase recognition of the company when
a work is licensed and toured by a larger
company. It will also indirectly increase returns
to the company.59
It is important to understand these laws and
how cultural material might be protected under
them. See the attribution and copyright
sections of this guide for further information.
There are currently no special laws dealing
with Indigenous cultural material. The Copyright
Act has been criticised for not recognising the
communal ownership of heritage material and
the continuing right of heritage custodians to
control the use of this material.
The increasing level of non-Indigenous
appropriation of Indigenous cultural material
has compelled Indigenous people to seek
greater protection of Indigenous culture,
including the call for new legislation recognising
communal rights to culture.