Further resources

Policies and guidelines

Position statement: Indigenous Cultural and Intellectual Property – NSLA (2021)

Engaging with Traditional Owners – AIATSIS (2021)
A guide to effective and meaningful community engagement, including free, prior and informed consent.

Code of Ethics for Aboriginal and Torres Strait Islander Research – AIATSIS (2020)
The code ensures that research with and about Aboriginal and Torres Strait Islander peoples follows a process of meaningful engagement and reciprocity between the researcher and the individuals and/or communities involved in the research.

Protocols For Using First Nations Cultural And Intellectual Property In The Arts – Terri Janke/Australia Council for the Arts (2020)
Revised in 2019, this protocol guide endorses the rights of Indigenous people to their cultural heritage and supports Indigenous creative practice.

National Museum of Australia: Indigenous cultural rights and engagement policy (v1.0, 2015)
"The aim of this policy is to recognise that Indigenous stakeholders have rights in their cultural heritage... This policy sets out the principles that guide how the Museum engages with Indigenous stakeholders about these rights in the range of the Museum’s activities, including acquisitions, exhibitions, research, education and other programs."

Articles and presentations

Information sheet: Indigenous Cultural and Intellectual Property (ICIP) – Arts Law Centre of Australia

ICIP in practice: Working with collections and communities – Kirsten Thorpe (Australian Digital Alliance Forumvideo, 2020)
Kirsten Thorpe, Senior Researcher at the Jumbunna Institute for Indigenous Education & Research (University of Technology, Sydney) shares her experience working with collections and communities to manage First People’s Cultural Expression and Knowledge in collections.

Rights to Culture: Indigenous Cultural and Intellectual Property (ICIP), Copyright and Protocols – Jean Kearney and Terri Janke (Terri Janke and Company, 2018)

Audio and video

What are ICIP Protocols? – Terri Janke (video, Terri Janke and Company, 2019)

ICIP in practice: The CALL collection – Karen Manton (Australian Digital Alliance Forumvideo, 2020)
Karen Manton, Project Officer with the Batchelor Institute of Indigenous Tertiary Education, shares her experience working with collections and communities to manage First People’s Cultural Expression and Knowledge in collections.

Creative Connections: First Nations protocols in a digital space – Terri Janke/Australia Council for the Arts (video, 2020)
Indigenous cultural and intellectual property lawyer Terri Janke talks about the considerations and restrictions around accessibility for First Nations peoples in the digital space, and how protocols can be observed and practiced online.

Friday essay: who owns a family’s story? Why it’s time to lift the Berndt field notes embargo – Claire Smith, Gary Jackson, Geoffrey Gray and Vincent Copley (The Conversation, 2018)
"Imagine your grandfather was interviewed about his life, over many hours, some 80 years ago. Everything he says is written down, enough to fill more than 20 notebooks… Then you learn that the wife of the person who wrote down your grandfather’s stories has locked the notebooks away. You and your family are not allowed to read them."

Deciphering Arrernte archives: The intermingling of textual and living knowledge - Jason Gibson, Shaun Angeles, Joel Liddle (Univerity of Hawai'i Press, 2019)
Interviews exploring some of the issues Arrernte peoples confront as they work through archives, including the limitations of conventional cataloguing requirements and the importance of reading archival texts in a way that sees them emplaced and tested against the knowledge of Elders, and the role of digital technologies in the future dissemination of cultural materials.

Case studies

Case study – Yiwarra Kuju: the Canning Stock Route videos – Arts Law Centre of Australia (videos, 2012)
"Curtis Taylor and Monique La Fontaine from FORM's Canning Stock Route Project talk about the development of the collection [which] was acquired by the National Museum of Australia in December 2008. These videos discuss a number of legal issues involved with this project including ICIP, Moral Rights, Copyright and Licensing."

Safeguarding Cultural Heritage - The Case of the Sacred Wandjina – Delwyn Everard (WIPO Magazine, 2011)
Delwyn Everard, Senior Solicitor at the Arts Law Centre of Australia, discusses the challenges Aboriginal communities face in protecting their cultural heritage.
See also: Protecting the Wandjina (Arts Law Centre of Australia, 2015)