The only Indigenous member of the Federal Parliament, Senator Aden Ridgeway, today repeated his call for the protection of Indigenous art and cultural expression through the Copyright Act.
As Australian Democrats’ spokesperson on Arts and Indigenous Affairs, Senator Ridgeway, stressed the urgent need for this protection as the demand for Indigenous art expands rapidly both overseas and in Australia.
“Indigenous communities entering this type of art market face a double-edged sword; that is in order to reap the economic benefits of this burgeoning art market they can potentially lose control over how their work is used, displayed, copied or modified,” said Senator Ridgeway.
“This is because there is still nowhere in the Copyright Act that will offer protection for traditional designs that are owned collectively by communities – that is; to protect their communal moral rights.
“A recent example of exploitation was when the International Olympic Committee promoted significant Australian Indigenous artworks as free downloads on their website without the artists consent.
“Any changes to the Copyright Act to recognise Indigenous communal moral rights must be based on existing principles emerging from case law and on Indigenous protocols.
“The onus on Indigenous people to prove this right must not be greater than that which already exists in the current individual moral rights regime.
“The Democrats have been pursuing this change to the Act since December 2000 and we urge the Government to act on this issue for the strengthening of Indigenous cultures as the value of Indigenous art is both cultural and economic.
“Indigenous communal moral rights are inalienable from their community of origin, no matter who buys an art work, no matter who dances a corroboree – they are required to pay respect to the appropriate community whose culture is embodied in that work.
“Anyone authorised to paint a community’s dreaming takes on serious responsibilities which carry with them grave and very harsh penalties if breaches occur, regardless of who carries out those breaches.
“Art is the primary vehicle for traditional Indigenous cultural expression and it is through our art that we express our identity, our history, our relationship to land and a means by which customary laws and practices are learnt, reinforced and respected,” concluded Senator Ridgeway.
Senator Ridgeway will speak at the Griffith University Copyright Conference in Brisbane this morning.
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