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Indigenous Cultural and Intellectual Property Rights and Protocols |
Protocol for Filmmakers Working with Indigenous Content and Communities An issues paper titled "Towards a Protocol for Filmmakers Working with Indigenous Content and Indigenous Communities" was launched at the Australian International Documentary Conference (AIDC) in 2003. The protocol is being developed for the AFC by Terri Janke, an Indigenous lawyer who has extensive experience in this area and who has previously written the protocol booklets for the Australia Council.
The issues paper was prepared to seek comments and opinions on what should be covered in the protocol document. Case studies were included and filmmakers were asked to submit suggestions.
The protocol will provide a framework to assist and encourage recognition and respect for the images, knowledge and stories of Indigenous people, as represented in documentaries and drama, including short films, feature films and television drama.
A draft of this protocol is now available hereIndigenous Cultural and Intellectual Property RightsThe Indigenous Unit is aware of and wants to uphold Indigenous Cultural and Intellectual Property (ICIP) Rights.
The Indigenous Unit will favour projects that have given ICIP Rights consideration, have been engaged in proper consultation with appropriate and relevant Indigenous communities and are open to extending ICIP Rights to the appropriate Indigenous people(s).
The following clause will be contained in all Indigenous Unit development, production and post-production contracts:
ICIP RIGHTS CLAUSES
Indigenous Cultural and Intellectual Property Rights refer to Indigenous peoples' rights to their heritage. Heritage comprises all objects, sites and knowledge, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Indigenous group or its territory. The heritage of an Indigenous people is a living one and includes objects, knowledge and literary and artistic works which may be created in the future based on that heritage. Heritage includes:
1. literary, performing and artistic works (including songs, music, dances, stories, ceremonies, symbols, languages and designs)
2. scientific, agricultural, technical and ecological knowledge (including cultigens, medicines and the phenotypes of flora and fauna)
3. all items of movable cultural property
4. human remains and tissues
5. immovable cultural property (including sacred and historically significant sites and burial grounds)
6. documentation of Indigenous peoples' heritage in archives, film, photographs, videotape or audiotape and all forms of media.
ICIP RIGHTS
1. The Producer and the Investors acknowledge the existence of ICIP Rights of Indigenous participants in the Film and the Series. The Producer agrees and undertakes to endeavour to ensure that the ICIP Rights of the Indigenous participants are respected and upheld in the production and all aspects of distribution of the Film.
2. In the event that the Producer wishes to include ICIP Rights material in the Film, the Producer shall obtain a non-exclusive licence from the ICIP Rights holder/s or custodian/s to include such ICIP Rights material in the Film.
3. In the event of a dispute regarding the ICIP Rights of any Indigenous participant in the Film, all parties to the dispute shall use best endeavours to resolve the dispute.
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