Funtions and Philosophies
To make use of aboriginal materials for use in any design and arts, principles and protocols are to be followed. Protocols are the only legal ways of using Indigenous cultural material as they will ensure that Indigenous cultures are maintained and protected so that they can be passed on to future generations. Personally, I would say that it is also a legal and authentic recognition of the truth of Australia's history throughout the Aboriginal Culture. The following is a list of the principles implemented by the Australian Government:
1. Respect
2. Indigenous Control
3. Communication, consultation and consent
4. Interpretation, integrity and authenticity
5. Secrecy and confidentiality
6. Attribution and copyright
7. Proper returns and royalties
8. Continuing cultures
9. Recognition and protection
Agreeing to comply with the protocols promotes interaction based on good faith and mutual respect, provides a wider knowledge of the aboriginal culture thus encouraging ethical conduct.
- Respect
This protocol gives the rights to Indigenous people to own and to control their heritage. The Aboriginal community has any rights to decide on any of their cultural material ranging from images, designs, stories and other traditional expressions thus avoiding scorning of their cultures and beliefs. For example when designing the logo, I will require permission before using images or symbols from aboriginal content.
As there exist various and diverse indigenous communities across Australia, protocols may vary from one community to another. For example, using an element for my logo design may be offensive to a community as it may not be to another. This is why it is really important to get good resources and recommendations so as not to offend any aboriginal community.
For the Aboriginal, Indigenous Australians and the Torres Strait Islander people, the term "country" means everything for them. Country means for them the totality of life and the spirit of the particular area of land they and their ancestors inhabited. In other words, I would say that "country" is like a god for them because they revere it and they talk about it as if it is a person. So it is respectful to invite a representative of the traditional owners to attend and give a 'welcome to country' which is an address given by an Indigenous custodian of the land.
People should be aware that the Aboriginal culture is constantly evolving. It is not just an historical entity. Indigenous visual artists come from a diversity of backgrounds. Some learn their craft from their cultural teachers, others learn by themselves while a growing number have completed university and college courses. The protocol of respect guides people to avoid inappropriate or outdated perspectives and terminology when dealing with any Indigenous cultural groups. - Interpretation, integrity and authenticity
This protocol allows Indigenous artists and their communities to decide how their art that is their cultural heritage is presented to the world. The presentation of their work should provide good and clear interpretation, integrity and authenticity of their own artwork.
Interpretation refers to how the cultural material is interpreted and showcased. Good interpretation of the aboriginal culture is a good perspective given to it. Also, the language used, as well as, the medium in which cultural heritage is applied on. This protocol also allows the Indigenous artists to interpret and present their artwork in Indigenous way by magnifying and adding depth to the cultural significance of the work.
Integrity is about how the original pieces and copies are treated. Indigenous artists have the right of protection for against inappropriate treatment of their work.
Inappropriate treatment might also include cutting or destroying a physical artistic work or cropping a reproduction of it when reproducing it in a magazine, or reproducing it in poor quality. Note that with Indigenous cultural material, maintaining the integrity of the work is important for the source communitities as well. For example; when designing my logo, I will need to discuss the context of reproduction and any proposal material alterations. So I should be prepared to change my plans if the Aboriginal community or group does not agree with my proposal.
Authenticity turns out to be the complex inquiry. It deals with the roots of the cultural artworks.This protocol is about whether the cultural artworks and its artists if considered the customary law when the artwork was produced. For instance; only an artist who has the right to portray imagery under customary laws may paint some Arnhem Land language group designs. Other images may only be expressed by males.The authenticity if a work should be checked and verified by an appropriate authority. - Stories
Indigenous artwork may sometimes comprise cultural stories included by the artist. These stories are sometimes personal and sacred. The use of these stories must be observed whether it is used appropriately. Before any stories that has been narrated by the artist based on oral narration is published, the approval and consultation of the artist is needed. Especially, if the artist's personal information is included. Drafts are being given to approve. Also, the artists has the right to be accredited as the copyright owner of the narrated text descriptions. If traditional knowledge or a traditional story is included the storyteller or language group should be referred to. - Sensitive subject matter
Research should be done about the subject of the matter of the work whether it is appropriate for the suggested use or reproduction. Be mindful that it is not tolerated in indigenous communities to distribute widely sacred material or works that have gender restrictions. Artists should consider the appropriate context for reproduction of particular images.
The Moral Rights Amendments to the Copyright Act were introduced in December2000 and provide some new ways to challenge inappropriate treatment of Indigenous artworks.
I have to be careful when reproducing designs or logos derived from indigenous source that I do not distort, destroy or mutilate or do material alteration to the work that might cause harm to the artist's reputation. For example, when using the rainbow serpent as an aboriginal motif in my design, much care must be taken not changing its cultural significance otherwise I would cause infringement under the moral right amendments to the copyright act and also cause harm the indigenous culture and people. This in fact, deals with the integrity of the culture and ensures that it is not compromised. However, if in any case the integrity of an artwork is likely to be compromised, it is important to discuss any material changes of artwork, and get the consent of the artist in written form.
Likewise, it is said by the Copyright Act that Indigenous artists can claim to have their names on each piece and copy of their work. This ensure that aboriginal artworks remain belongings of their cultural roots. For example, if I want to make use of the rainbow serpent for my logo design, the final outcome of my design should inlude the name(s) of person/community this symbol belongs to. Often in aboriginal art, traditional symbols are used to represent some aspects of their culture. For example, snakes are commonly represented by curvy lines, porcupine by small parallel lines, dingo by a set of paw prints and lizard or goanna by two parallel lines with small prints on either side made by feet. Those symbols are actually inspiration of what is left behind in the sand by those animals. They are represented by aerial views. If I come to misuse one of those sylmbols in my logo design, it would be an infringement to the moral right of integrity.
Another moral right is the prohibition of work falsely attributed to another artist. This I think also applies for all any aboriginal artist who doesn't have the rights on a piece of work. The authentic artists have the rights to take actions against parties who attribute others as the creators of the work. A chronicle of a spate of so-called 'Aboriginal art scandals' which happened in the late 1990s, some of which involved white artists passing off work as Aboriginal. The custom amongst indigenous artists of family members working with an artist on paintings creates problems for the western art market and leads to claims of fraud. The media is often guilty of distorting and sensationalising events. The newly launched Label of Authenticity enters the scene.
Scandal in late 1990s
http://www.artlink.com.au/articles/1395/the-aboriginal-art-scandals-scandal/
Australia Council
http://www.australiacouncil.gov.au/research/visual_arts/reports_and_publications/visual_arts_protocols_for_producing_indigenous_australian_visual_arts
Aboriginal Symbols
http://www.aboriginalartstore.com.au/aboriginal-art-culture/aboriginal-symbols-and-their-m.php
Moral Rights
http://www.artslaw.com.au/legalinformation/Indigenous/00IndigenousMoralCulturalRights.asp
