Copyright & Indigenous Cultural and Intellectual Property (ICIP)
- Josh Philpot
- Sep 8
- 2 min read
What Is ICIP?
Indigenous Cultural and Intellectual Property refers to the rights Indigenous peoples have to protect and control their cultural heritage, including:
- Traditional knowledge and stories
- Languages and oral histories
- Cultural expressions and practices
- Sacred sites and objects
- Artistic styles, symbols, and motifs
Unlike copyright, ICIP focuses on collective ownership, cultural continuity, and responsibility, not just individual creativity.
What Does the Copyright Act Protect?
Under Australian law, copyright protects:
- Original works created by an identified individual
- That are fixed in material form (e.g. painted, written, recorded)
- With a limited duration (life of the creator + 70 years)
📜 Legal Reference — Section 32(1) of the Copyright Act 1968 (Cth):
"Copyright subsists in original works that are recorded in material form."
This means:
- A painting by an Indigenous artist is protected as an artistic work
- A recorded story or song may be protected as a literary or musical work
BUT:
- Dreaming stories, unrecorded oral traditions, and communal styles may fall outside the Act’s scope
- The cultural meaning and significance is not protected — only the expression
The Gaps in Copyright Law
Copyright does not protect:
- Works not fixed in material form
- Traditional knowledge passed through generations
- Designs and stories in the public domain
- The spiritual or cultural value of a work
- Use of Indigenous motifs by non-Indigenous artists (if the style, not the exact work, is copied)
This gap has led to misuse, exploitation, and disrespect of Indigenous culture — especially in commercial products, fashion, tourism, and online art markets.
How ICIP Provides a Better Framework
ICIP is not yet legislated in Australian law, but it is supported through:
- Cultural protocols developed by Indigenous communities
- Ethical guidelines for working with Indigenous artists and communities
- Contracts and licensing that reflect ICIP principles
- Advocacy for legal reform
Key principles of ICIP include:
- Respect
- Prior informed consent
- Mutual benefit
- Attribution and integrity
- Control and custodianship
What Can Artists and Organisations Do?
1. Seek permission before using Indigenous stories, styles, or knowledge
2. Collaborate respectfully with communities and Elders
3. Use culturally appropriate contracts that go beyond standard copyright terms
4. Follow local protocols — every language group and region has its own rules
5. Support law reform that strengthens ICIP protections
Helpful Resource:
“Protocols for using First Nations Cultural and Intellectual Property in the Arts” – Australia Council for the Arts
Final Thought
Copyright gives creators legal rights — but culture runs deeper. Aboriginal and Torres Strait Islander art is more than decoration — it is story, history, identity, and law. Until ICIP is fully protected in Australian legislation, it is the responsibility of all creators and organisations to honour it through respectful practices and ethical decisions.
Want to Read the Law Yourself?
You can access the full Copyright Act 1968 (Cth) here:
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