An Aboriginal and Torres Strait Islander Approach to Intellectual Property: Industry Insight into the Development of Indigenous Cultural Protocols

This essay is a collaboration of four Indigenous researchers all tackling the issues of cultural protocols and intellectual property (IP) in Australia’s contemporary Indigenous arts industry. Indigenous IP in Australia is highly topical as it involves both the art world and definitions of Indigenous cultural agency as well. This essay offers three perspectives on Indigenous cultural and intellectual property within far North Queensland, all reflecting the historical conflict between black concepts of being and white structures of art production. Misunderstandings of one concept lead to misunderstandings of the other. The artists argue that artistic styles belong to specific regions and reflect local forms of artistic production. They also contend that the depiction of Indigenous people has specific cultural protocols that must be adhered to, and that there are cultural protocols that are continuously misunderstood. Together, these authors argue for greater awareness of these issues within Indigenous Australian artistic studies.The authors would like to acknowledge our ancestors past who preserved their knowledge and traditional ways and our elders present who continue to practice culture today. We would also like to acknowledge the Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS) for funding travel and accommodation to present our ideas at the AIATSIS 50th Anniversary Conference in 2014. Finally, we would like to give thanks to our families