National Copyright

1.19 Indigenous Cultural and Intellectual Property Rights (ICIPR)

(a) Indigenous Peoples' rights to their heritage

ICIPR is a reference to indigenous peoples' rights to their heritage. Indigenous peoples' heritage is a living heritage and it includes objects, knowledge, performing works, and literary works - all of those things created in the past, now and in the future.

The nature and use of indigenous peoples' heritage is passed down from generation to generation. Usually the particular objects, sites and knowledge pertain to a particular indigenous group or territory.

Heritage includes:

• literary performing and artistic works - songs, music, dance, stories, ceremonies, symbols, language and designs
• all items of moveable cultural property
• immoveable cultural property - sacred sites, burial grounds
• documentation of indigenous peoples' heritage in archives, films, photographs, video and audio tapes and all form of media

(b) What is ICIPR?

Essentially, ICIPR are a bundle of rights of indigenous peoples which protect the right to:

• own and control ICIPR
• commercialise ICIPR in accordance with traditional laws and customary obligations
• benefit commercially from the authorised use of ICIPR
• enjoy full and proper attribution
• protect significant and sacred materials

(c) How is ICIPR protected in Australia?

There is no specific legislation in Australia that recognises ICIPR. ICIPR may be protected by copyright, trade marks, confidential information, passing off and trade practices law. However this piecemeal protection is fragmented and limited.

For example copyright can only provide limited protection of ICIPR, in particular:

• the material form requirement is not always met where the stories and songs have been passed orally from generation to generation
• the period of copyright protection is finite and is unable to protect traditional art which has been passed through generations
• copyright is generally granted to the author and does not recognise communal or customary ownership of cultural heritage of indigenous tribes and clans

Increasingly indigenous communities are using non legislative means such as contract and protocols to protect their ICIPR.

See 4.4: Dealing with ICIPR

^ Top of page

• 1. Copyright

• 1.1 What is it?
• 1.2 Some common misconceptions
• 1.3 What is protected?
• 1.4 What does it not protect?
• 1.5 Requirements for copyright protection
• 1.6 Who owns copyright?
• 1.7 Some exceptions to the general rule of copyright ownership
• 1.8 How long does it last?
• 1.9 How do I work out if something is still in copyright?
• 1.10 What rights are granted to the copyright owner?
• 1.11 Dealing with copyright
• 1.12 Collecting Societies
• 1.13 How is copyright infringed?
• 1.14 Defences and exceptions to infringement
• 1.15 Statutory Licence Schemes
• 1.16 Liability of schools and individuals for copyright infringement and remedies
• 1.17 Moral Rights
• 1.18 Performer's Rights
• 1.19 Indigenous Cultural and Intellectual Property Rights (ICIPR)

• 2. What can i copy / communicate?
• 3. Copying for Special Purposes
• 4. Copyright issues of interest to Schools
• 5. How to clear rights
• Frequently Asked Questions
• Appendices