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Protocols for using First Nations cultural and intellectual property in the arts

‘While works by individual artists are protected by copyright, Australia does not yet have a law that prevents alteration, distortion or misuse of traditional symbols, songs, dances, performances and story that may be part of the heritage of particular Indigenous language groups. 

This is where Creative Australia’s Protocols for using First Nations Intellectual and Cultural Property in the Arts comes in. 

The protocols provide a pathway for collaborations and creation of new Indigenous work.’ 
 
Dr Terri Janke

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Background

First published in 2002 and revised in 2007 by Dr Terri Janke and Company, the principles and protocols contained in this guide endorse the rights of First Nations people to their cultural heritage and support First Nations creative practice. 

These protocols encourage self-determination and help to build a strong and diverse First Nations arts sector, which are key goals and priority areas of Creative Australia. 

Artists and creative workers who work with First Nations artists or engage with Indigenous cultural heritage in projects that are funded by Creative Australia's assessment panels are required to comply with these protocols as a condition of funding. 

Over the years, the principles and protocols contained in this guide have also been applied nationally and internationally – educating readers and users on Indigenous Australian cultural heritage and encouraging meaningful collaborations with First Nations artists and creators.

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Download the protocols (English)

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Download the protocols (Simplified Chinese)

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Related content

Using First Nations Protocols for Cultural and Intellectual Property in the Arts

Join Lucy Byrne with Patricia Adjei, Dr Paula Abood, Travis De Vries and Jake Smithers as they discuss the Protocols for using First Nations Cultural and Intellectual Property in the Arts. The Protocols were written by Dr Terri Janke and Company.

Using First Nations Protocols for Cultural and Intellectual Property in the Arts

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First Nations First: From Ideas to Income

A First Nations creativity-led discussion of digital sovereignty, including ICIP (Indigenous Cultural Intellectual Property), through the lens of art, culture and fashion. Presented by Creative Australia in partnership with Australia House at SXSW in Texas on 13 March 2023.

First Nations First: From Ideas To Income

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Refer to the check list for assessors here.

Animation on how First Nations Cultural and Intellectual Property Protocols are used in assessments

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Contact us 

Requests and enquiries about reproduction and rights should be addressed to the First Nations arts team. 

FirstNationsArts@creative.gov.au 

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Resources (First Nations Arts)

Useful resources, guides and policies for the First Nations arts and cultural sector and general resources. Test

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About us (First Nations Arts)

Useful resources, guides and policies for the First Nations arts and cultural sector and general resources.

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We acknowledge the many Traditional Custodians of Country throughout Australia and honour their Elders past and present.

We respect their deep enduring connection to their lands, waterways and surrounding clan groups since time immemorial. We cherish the richness of First Nations Peoples’ artistic and cultural expressions.

We are privileged to gather on this Country and through this website to share knowledge, culture and art now, and with future generations.

First Nations Peoples should be aware that this website may contain images or names of people who have died.

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We acknowledge the many Traditional Custodians of Country throughout Australia and honour their Elders past and present.

We respect their deep enduring connection to their lands, waterways, and surrounding clan groups since time immemorial. We cherish the richness of First Nations peoples’ artistic and cultural expressions. We are privileged to gather on this Country and to share knowledge, culture and art, now and with future generations.

Art by Jordan Lovegrove