ABORIGINAL MOTIFS

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