I've first-hand witnessed Indigenous art miss-used, copied, and augmented, as well as current and attempted selling of works with no proceeds going to the artists because of misuse of legal ownership jargon, not equally experienced by non-Indigenous artists in the exact same environments. I've also understood this to occur with cultural items, stories, and the cultures themselves.
ICIP is more than just artwork protection, it's the Indigenous Cultural Intellectual Property rights to the longest living continous culture on Earth, and it should hopefully be enforced to not just protect artworks, but to provide equitable protections and rights similar to companies. Such as equitable Intellectual Property rights with the ingredients, recipes, colours, packaging, and distribution a can of coke has from Coca-Cola. As a can of coke has more rights to itself than does Indigenous communities of Australia in practicing their own culture in the 21st century.
In a world of enforced digitisation and AI, ICIP should protect rights to a culture, it secrets, and sensitive information. It should make directly identifide - not Western defined - Indigenous community leaders the first and last points of contact (Via the business' reconciliation specialists and/or Indigenous identified cultural consultation community as defined) for digitisation or research projects of that specific cultural group. As following such is the very first step in the cultural safety potocol, which is only followed by a very slim minority of Australian businesses, education institutions, and researchers.
Last year, we visited the Cairns Indigenous Art Fair and asked First Nations artists if their artwork has ever been used without their permission.
Matilda Nona, Torres Strait Islander artist, shared her experience: ‘When that happened to me it was damaging, it affected me mentally, culturally and it affected my family as well. Because the story belongs to my family.’
Watch our video series exploring the impact #FakeArt has on First Nations artists and their communities: https://lnkd.in/gQ2V7ezN
#ICIP #Revive #FirstNationsCulture
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National Indigenous Australians Agency
Cairns Art Gallery