Protocols

Interacting with First Nations artists and communities should be founded upon ethical conduct and mutual respect. You can do this by implementing the following protocols. The protocols are a set of principles which aim to encourage appropriate use of First Nations cultural material and respectful interaction with First Nations artists.

Respect

How can you respect the rights of First Nations people to own and control their culture – including designs, stories and other cultural expressions?

• Aboriginal and Torres Strait Islander people are the original inhabitants of Australia. First Nations worldviews, lifestyles and customary laws should be respected.
• Recognise and respect the cultural significance of First Nations visual art.
• First Nations artists come from a diversity of backgrounds. Acknowledge and encourage the diversity of First Nations creative expression.
• First Nations cultures are living and evolving cultures. Avoid inappropriate or outdated language and ideas when interacting with cultural groups.
• Acknowledge local First Nations groups where projects are located.

First Nations control

First Nations people have the right to self-determination in their cultural affairs and to decide how their cultural property is used. It is always important to discuss how First Nations control over a project can be achieved.

1. Involve First Nations people, including artists and communities, at all stages of a project.
2. Respect that First Nations people have the right to own and control all cultural expressions – including First Nations body painting, images, motifs and stories.
3. If a project involves the use of First Nations cultural material, you must:
4. Consult widely with First Nations artists and organisations about which people in the community have authority to speak for specific First Nations cultural material.
5. Get proper consent for the use of cultural material from the First Nations people who may give clearances.

Communication, consultation and consent

First Nations people should be consulted on the use and representation of their cultural heritage. Consider the following:

1. Communication with First Nations communities can help to build awareness and challenge misunderstandings
2. Consultation with a community is not simply a formality – the perspective of the community should determine the appropriate course of action.
3. Prior to use of cultural material, First Nations people should be informed about the implications of consent. Give First Nations people enough time and information to consider requests made of them.
4. Consent and consultation processes will differ for each community.
5. Consultation is an ongoing process. The protocols within each community will change as the culture evolves. You must be prepared to consult, at a later date, for any uses of the work that were not originally envisaged.

Proper payment

First Nations artists are professionals and should be properly remunerated for their work.

1. Ensure First Nations artists receive proper returns for their contribution and use of their cultural material.
2. Fees should be paid at an appropriate industry rate.
3. Do not ask First Nations artists for a ‘free pitch’ (which is defined by AGDA as “the practice of clients asking for unpaid design submissions from one or more studios (or artists) in order to decide which studio (or artist) to use”. First Nations artists make a living from selling their works and these benefits flow back to First Nations communities. Instead, establish an open and professional client-artist relationship and communicate with the artist about what your commission objectives are. For further information on why ‘free pitching’ is bad for both the clients/organisations and the artists, please refer to AGDA’s excellent resource on free pitching and designer selection here:
4. Pay proper licence fees when reproducing an artist’s work.
5. Discuss copyright ownership of the work upfront.

Attribution

In addition to any moral rights for individual creators, First Nations communities should also be recognised for the use of their cultural heritage in artworks.

1. Attribute relevant First Nations language groups or communities for the use of their cultural heritage in artworks.
2. Ask for the correct wording of how the artist or community would like to be attributed with ownership of the work or the cultural heritage within it.
3. Acknowledge First Nations people as the owners of their knowledge and information.

Interpretation, integrity and authenticity

First Nations artists should retain control over how their cultural heritage is presented. This includes upholding First Nations artists as the principal interpreters of their heritage and consulting artists about the presentation of their work.

1. Give the First Nations artist the opportunity to interpret and present their own cultural heritage. Allow First Nations perspectives to enhance the interpretation of the work.
2. When displaying First Nations artwork, promote the cultural values of the work as well as the First Nations artists and the community
3. Respect the integrity of an First Nations artwork. When reproducing First Nations works, do not materially alter an artwork without consultation with the artist who must give their consent.
4. Make enquiries into whether an First Nations person produced the artwork, or whether the First Nations artist adhered to customary law in the process of creating the work
5. Consider the cultural implications of an exhibition or in marketing of First Nations artworks. Ensure that the artist is fully informed about the use of their work, including reproduction of the work and the use of biographical material.

Secrecy and confidentiality

Some First Nations cultural material is restricted from being widely distributed because of its confidential nature. ‘Secret and sacred’ refers to information or material that can only be known or used by a particular group of people, for a particular purpose, or at a particular time.

1. Many First Nations communities have restrictions around how to refer to a deceased First Nations person, particularly whether their name or photograph can be made public. Be mindful of when you may need to address these protocols.
2. It may be a transgression of First Nations customary law to reproduce certain secret or sacred images. Discuss any restrictions with the First Nations artist and their community.