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The only Indigenous member of the
Federal Parliament, Senator Aden Ridgeway, today
repeated his call for the protection of Indigenous art
and cultural expression through the Copyright
Act.
As Australian Democrats’ spokesperson on
Arts and Indigenous Affairs, Senator Ridgeway, stressed
the urgent need for this protection as the demand for
Indigenous art expands rapidly both overseas and in
Australia.
“Indigenous communities entering this
type of art market face a double-edged sword; that is in
order to reap the economic benefits of this burgeoning
art market they can potentially lose control over how
their work is used, displayed, copied or modified,” said
Senator Ridgeway.
“This is because there is still
nowhere in the Copyright Act that will offer protection
for traditional designs that are owned collectively by
communities – that is; to protect their communal moral
rights.
“A recent example of exploitation was
when the International Olympic Committee promoted
significant Australian Indigenous artworks as free
downloads on their website without the artists consent.
“Any changes to the Copyright Act to recognise
Indigenous communal moral rights must be based on
existing principles emerging from case law and on
Indigenous protocols.
“The onus on Indigenous
people to prove this right must not be greater than that
which already exists in the current individual moral
rights regime.
“The Democrats have been pursuing
this change to the Act since December 2000 and we urge
the Government to act on this issue for the
strengthening of Indigenous cultures as the value of
Indigenous art is both cultural and
economic.
“Indigenous communal moral rights are
inalienable from their community of origin, no matter
who buys an art work, no matter who dances a corroboree
– they are required to pay respect to the appropriate
community whose culture is embodied in that work.
“Anyone authorised to paint a community’s
dreaming takes on serious responsibilities which carry
with them grave and very harsh penalties if breaches
occur, regardless of who carries out those
breaches.
“Art is the primary vehicle for
traditional Indigenous cultural expression and it is
through our art that we express our identity, our
history, our relationship to land and a means by which
customary laws and practices are learnt, reinforced and
respected,” concluded Senator Ridgeway.
Senator
Ridgeway will speak at the Griffith University Copyright
Conference in Brisbane this morning.
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