Functions and Philosophies
1. Communication, consultation and
consent
Consent is necessary
for the reproduction of any Indigenous visual arts projects.
If
traditional or cultural designs are included in any work, consent might be
required from the original owner for the work to proceed. People must give time
and information to consider the request, it cannot be done without total consent,
or that its structure or format is established.
Communication
and consultation are important in Indigenous visual art projects.
It is most
effective when:
- Both
parties are aware of the way in which their own culture affects how they see an
issue
- An
understanding and perspective of the other culture and building awareness of
the differences
- All forms
of miscommunication and misunderstandings that may arise out of cultural
diversities needs to be identified.
- Finding
the right people to consult within the community
The process
of obtaining consent:
-Allow time
for communication of a proposal and for the indigenous representative to make a
decision.
-There could
be conflicting interests and thoughts from outside groups
-Things
might not always go your way, be prepared to take ‘no’ for an answer
-Always
respect the views within the community
Imagery:
Consultation
and consent needs to be sought out if you’re requesting to use, interpret
traditional/community owned imagery, material or heritage items.
Seeking
permission from Community members, traditional custodians or the artist is compulsory.
The artist
or local aboriginal arts and craft centre can asset in identifying any third
party interpreters or translators in necessary.
Other things
to consider:
-Geographic
diversity/differences: Indigenous groups vary from each community.
-Cultural
practices and language barrier.
-Sensitivity
of content: Secret and sacred material
-Gender:
There may be gender division or responsibilities and cultural knowledge.
-Photography
of Indigenous people: They need to give permission to protect themselves
through exploitation.
-Collaboration:
Good way to get involved together, also discuss copyright ownership if
required.
2. Interpretation, integrity and
authenticity
The
presentation of any work includes its interpretation, integrity and authenticity.
Indigenous
artists and their communities should have control over how their heritage is
presented.
-Interpretation
This refers to the perspective in which the
cultural material in interpreted and presented.
Indigenous
people are reclaiming control over their cultural heritage material,the
language and the medium in which things are produced. This is to enhance the
cultural significance of the work.
Things to
consider when using Indigenous cultural material:
-Make sure
the work reflects the cultural value of the subject matter.
-It should
not expose confidential, personal or sensitive material.
-It should
respect the culture and not reinforce negative stereotypes in any way
-Integrity
This refers
to the treatment of original work and copies made of it. The moral right of
integrity provides a right of protection for individual artists against
inappropriate treatment of their works
-Copyright
Act.
The original
intention/integrity of the work cannot be changed, altered by adapting,
cutting, editing, enhancing or manipulating; this is infringing the artist
moral rights. Changes in work can also affect outer communities as well.
Discuss the
context of reproduction and any proposed material alterations if reproducing
and dealing with Indigenous works. Changes might need to be made in the artwork
if requested by the Indigenous community groups if they do not agree with it.
-Authenticity
The
Authenticity refers to the cultural origin of an artwork. It is a major concern
in the Indigenous art sector. It could
reference where the Indigenous person produced the artwork and whether is was
produced with proper regard to Indigenous laws.
They are concerned
that certain practices undermine the cultural authenticity and robs them of
potential income.
The rise in
demand of Indigenous art has let to many ‘rip offs’.
Precautions
and concerns include:
-Production
of artworks by non-Indigenous artists that use the Indigenous styles that are
passed off and Indigenous art’. It is also important that the original artist
is acknowledged in artwork.
- Copying
symbolic imagery onto commercial products.
-Imprints or
paintings of didgeridoo’s, that are sold as authentic Indigenous products.
Subject
sensitive matter include:
Stories,
Biographic information, styles, art practices, imagery and symbolism.
Moral Rights and Issues
The moral
right of attribution means the artist has the right to have his or her name
reproduced alongside each reproduction of their work. Industry practice also
includes the media, year, dimension, source of the licence and image, as in the
following example:
Banduk
Marika Djanda and the Sacred Waterhole 1988
Six colour
linocuts, ink on paper 53 cm x 29.5 cm
Collection
of the National Gallery of Australia Licence courtesy of the artist.
In December
2000 the Moral Rights Amendments to the Copyright was introduced. It provided
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 names shown clearly and prominently
alongside all reproductions of their works.
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.
Inappropriate
treatment includes:
•Doing
anything that results in the material distortion, destruction or mutilation or
material alteration to, the work that causes harm to the artist’s reputation.
•Exhibition
of the work in public, in a manner or place that causes harm to the artist’s
reputation.
Bibliography:
www.australiacouncil.gov.au
