Aboriginal Motifs

Functions and Philosophies

1. Respecting

The rights of Indigenous people to own and control their heritage, including Indigenous images, designs, stories and other cultural expressions, should be respected. Customs and protocols for respect vary widely across the many and diverse communities of Indigenous Australian people. Respecting Indigenous rights to cultural heritage includes.

We should respect the indigenous artists.

Indigenous control

Indigenous people have the right to self-determination in their cultural affairs and the expression of their cultural material. There are many ways in which this right can be respected in the creation, production and exhibition of art. One significant way is to discuss how Indigenous Control over a project will be exercised.  

2. Communication, consultation and consent

Communication and consultation are important in Indigenous visual arts projects. Consent is necessary for the reproduction of Indigenous visual arts, and if traditional communal designs are included, consent may be required from traditional owners.

There may be requirements to consult with the traditional custodians and community members, as well as the artist, for material that is communally owned ritual knowledge. This includes depiction of creation beings

or images. There may also be one or more groups that have custodianship of an image or other heritage items. Consultation with and consent from each identified group should be sought.

Authenticity

Authenticity refers to the cultural provenance of an artwork. This is often a complex inquiry. In this guide, authenticity may involve reference to whether an Indigenous person produced the artwork; and whether it was produced with proper regard to Indigenous customary law. For example, only an artist who has the right to depict imagery under customary laws may paint some Anaheim Land language group designs.

Moral rights and Issues

If I wanted to just reference Aboriginal motifs, I would have to get permission from the owner. Because the Aboriginal motifs is a trademark. It is important to discuss any material changes of artwork, and get the consent of the artist in writing. 

The Moral Rights Amendments to the Copyright Act provide some new ways to challenge inappropriate treatment of Indigenous artworks.

These new laws provide the following rights to artists:

1. The right to be attributed as the artist– Artists can require their names be clearly and prominently reproduced alongside all reproductions 

2. The right not to have work falsely attributed to another artist – Artists can take action against parties who falsely attribute others as the creators of their works.

3. The right of integrity – Artists can take action against parties who subject their works to inappropriate treatment.



http://www.australiacouncil.gov.au/research/visual_arts/reports_and_publications/visual_arts_protocols_for_producing_indigenous_australian_visual_arts