This paper provides a snapshot of recent developments affecting Indigenous artists and their communities, with a focus on Indigenous communal moral rights, resale rights and Indigenous protocols. Whilst there is an appreciation of the value that Indigenous art and culture provides both domestically and internationally, there appears to be resistance to introducing legislation or schemes to ensure Indigenous artists and their communities benefit financially.
Attorney-General's Department1994, Stopping the Rip-Offs; Intellectual Property Protection for Aboriginal and Torres Strait Islander People Issues Paper, Attorney General's Department, Canberra.
3.
BostockL.1997, The Greater Perspective: Protocol and the Guidelines for the Production of Film and Television on Aboriginal and Torres Strait Islander Communities, 2nd edn, SBS.
4.
CrabbA.2003, ‘Aboriginal Culture to Get Greater Protection’, The Age, 19 May, p. 1.
5.
Department of Communications, Information Technology, and the Arts (DCITA), 2004, Proposed Resale Royalty Arrangement Discussion Paper, Commonwealth Government, Canberra.
6.
FunnellA.2003, ‘Australians in Guantanamo Bay’, The Law Report, 2 December, p. 3.
7.
HurleyA.2003, Respect, Acknowledge, Listen: Practical Protocols for Working with Indigenous Community of Western Sydney, Community Cultural Development, Sydney.
8.
JankeT.1998, Our Culture Our Future: Report on Australian Indigenous Cultural and Intellectual Property Rights, Michael Frankel & Company Solicitors, for Australian Institute of Aboriginal and Torres Strait Islander Studies (IATSIS) and Aboriginal and Torres Strait Islander Commission (ATSIC), Canberra.
9.
JankeT.2000–2001, Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions, World Intellectual Property Organisation (WIPO), Geneva.
10.
JankeT.2002a, Doing It Our Way: Contemporary Indigenous Cultural Expression in NSW, NSW Ministry for the Arts, Sydney.
11.
JankeT.2002b, Visual Cultures: New Media Culture; and Writing Culture, Aboriginal and Torres Strait Islander Arts Board, Australia Council for the Arts, Canberra, p. 5.
12.
JankeT.2003, Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions, World Intellectual Property Organisation (WIPO), Geneva.
13.
MyerR.2002, Report of the Inquiry into the Contemporary Visual Arts and Craft Sector, Commonwealth Department of Communications, Information Technology and the Arts, Canberra.
14.
QuigganR.2002, Song Cultures; Performing Cultures, Aboriginal and Torres Strait Islander Arts Board, Australia Council for the Arts, Australia, p. 5.
15.
SafeG.2003, ‘Royalties to be Paid on Art Sales’, The Australian, 7 October, p. 2.
16.
SafeG.2004, ‘Art Sales to Fund Indigenous Charity’, The Australian, 13 February, p. 4.
17.
Copyright Amendment (Moral Rights) Act2000 (Cth).
18.
Copyright Amendment (Indigenous Communal Moral Rights) Bill2003.
