The Australia Council for the Arts has released a revised version of the Protocols for using First Nations Cultural and Intellectual Property in the Arts.
The 'snapshot' of the Protocols is -
Principle 1 - Respect
The rights of Indigenous people and communities to own, protect, maintain, control and benefit from their cultural heritage should be respected.
Principle 2 - Self-determination
Indigenous people have the right to self-determination and to be empowered in decisions that affect their arts and cultural affairs.
Principle 3 - Communication, consultation and consent
Indigenous people have the right to be consulted and give their free prior informed consent for the use of their cultural heritage.
Principle 4 - Interpretation
Indigenous people have the right to be consulted and give their free prior informed consent for the use of their cultural heritage.
Principle 5 - Cultural integrity and authenticity
Indigenous people have the right to be recognised and represented as the primary guardians and interpreters of their cultural heritage. Maintaining the integrity of cultural heritage is vital to the continued practice of culture.
Principle 6 - Secrecy and confidentiality
Indigenous people have the right to keep secret and sacred their cultural heritage. Confidentiality concerning aspects of Indigenous peoples’ personal and cultural affairs should also be respected.
Principle 7 - Attribution
Indigenous people have the right to be respectfully acknowledged and attributed as the traditional owners and custodians of their cultural heritage.
Principle 8 - Benefit sharing
Indigenous people and communities have the right to benefit from their contribution and for the sharing of their cultural heritage, particularly if commercially applied.
Principle 9 - Continuing cultures
Indigenous cultures are dynamic and evolving, and the protocols within each group and community will also change. Consultation and free prior informed consent are ongoing processes.
Principle 10 - Recognition and protection
Indigenous people have the right to protection of their cultural heritage and intellectual property rights in that cultural heritage. Laws, policies and contracts should be developed and implemented to respect these rights
