Tuesday, April 5, 2011
Moral Rights and Issues
When reproducing artwork, remember that under the moral rights provisions of the Copyright Act, artists have the rights of integrity and attribution, and the right against false attribution.
The moral right of integrity means that the artist can take action against inappropriate treatment of their artwork.
The Moral Rights Amendments to the Copyright Act were introduced in December 2000 and provide some new ways to challenge inappropriate treatment of Indigenous artworks. These new laws provide the following rights to artists: The right to be attributed as the artist – Artists can require their names be clearly and prominently reproduced alongside all reproductions of their works. The right not to have work falsely attributed to another artist – Artists can take action against parties who falsely attribute others as the creators of their works. The right of integrity – Artists can take action against parties who subject their works to inappropriate treatment.
Aboriginal Motifs Blog
Functions and Philosophies
Respect
The rights of Indigenous people to own and control their heritage, including Indigenous images, designs, stories and other cultural expressions, should be respected.
Customs and protocols for respect vary widely across the many and diverse communities of Indigenous Australian people.
Indigenous Australians, the Aboriginal and Torres Strait Islander people, are the original inhabitants of Australia, As such they have a strong link to country, meaning the totality of life and the spirit of the particular area of land they and their ancestors inhabited.
Indigenous Australian’s expext people talk about country in the same way that they would talk about a person, too treat it like a living thing, They say that country knows, hears, smells, takes notice, takes care, is sorry or happy.
When organising an exhibition, installation or event of local, state or national significance, it is respectful to invite a representative of the traditional owners to attend and give a ‘welcome to country’ address.
Secrecy and confidentiality
Some Indigenous cultural material is not suitable for wide dissemination on the grounds of secrecy and confidentiality. Those putting together arts projects must first discuss any restrictions on use with the relevant Indigenous groups.
In many Indigenous communities, the reproduction of names and photographs of deceased Indigenous people is not permitted. Some communities will request that an artwork by a deceased artist not be displayed for some time after the artist’s death. They may also not want the artist’s name to be used or image displayed.
http://www.australiacouncil.gov.au/__data/assets/pdf_file/0004/32368/Visual_arts_protocol_guide.pdf
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