Indigenous Peoples FPIC Protocols

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. 54 • 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. 55 • 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.