Functions and Philosophies
All the Indigenous Australians have the right to own and control their heritage, this heritage includes all the imagery, stories and different types of communication.
The Aboriginal Australians have the right to receive a respectful treatment in any local, state or nacional event. This incluyes a “welcome to country “ address given by an Indigenous custodian of the land.
The Indigenous Australians have a strong link with this country and the land. In the Aboriginal language, the people speak to the country as if it were a person. The country smells, knows, hears, take notice, takes care, is sorry or happy.
There is a similarity to the copyright issues involved when using the names, faces or imagery of people in art across the board. It is necessary to consult the Indigenous community when the circumstances are similar. There is no difference between a pop artist or a writer when a publication of a Indigenous artwork is taking place. For example, the custom of respecting the deceased must be observed. The culture prevents the name of any deceased person being spoken out of a mark of respect for a period of time following the death of that individual.
Moral Rights and Issues
In referencing Aboriginal motifs, it is important to maintain respect to the original style, cultural significance and meaning behind each type of artwork. The following moral rights need to be considered. If the artwork cause offence to a particular individual or indigenous community, if it exposes confidential, personal or sensitive material, if it references a secret form or artwork that should not be publicised. Also to consider, we need to check if the publishing respects the overall integrity of an Indigenous artwork.
Certain styles of Indigenous art originate from particular regions. Also it is offensive to copy images of creative beings without rights under Indigenous laws. Indigenous artists are encouraged to develop their own distinctive style, which draws on their cultural heritage.
Sources:
http://www.australiacouncil.gov.au/
Protocols for producing Indigenous Australian visual arts
14/20 Well done - keep up the good work.
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