A style or method of art eg cross hatching or dot painting techniques.The underlying idea or information that is put into a work eg the story told in a painting.For more information see Arts Law’s information sheet on Patents.Īustralian law does not protect other aspects of ICIP, including: However a patent is unlikely to be available to protect traditional medicines or treatments based on traditional knowledge handed down over many generations. Medicines, treatments and other products which are ‘novel’ and ‘inventive’ can be protected under the Patents Act 1990 (Cth).For more information see Arts Law’s information sheet on protecting your designs. Designs that come under the Designs Act 2003 (Cth).For more information see Arts Law’s information sheet on Performers’ Rights. For more information see Arts Law’s information sheet on Moral Rights For more information see Arts Law’s information sheet on Copyright. Musical, dramatic, literary and artistic works created by individuals who are living or recently passed away (within 70 years) which are protected by the Copyright Act 1968 (Cth) such as paintings, craftworks, sound recordings, films and books.Australian laws only protect individuals and do not recognize any communal rights. The things protected include artworks and designs.Īustralian intellectual property laws only protect some forms of ICIP. Laws all over the world known as “intellectual property laws” protect some of the things that people produce as a result of their intellectual effort. documentation of Indigenous peoples’ heritage in all forms of media eg reports, films, sound recordings.intangible cultural property eg stories passed on orally.tangible cultural property eg sacred sites, burial grounds.ICIP can cover many different forms of traditional culture and expression. Eg Aboriginal and Torres Strait Island communities can place conditions on an anthropologist who wants to write a book about their languages.Right to control the recording of cultural customs and expressions, and language which may be essential to cultural identity, knowledge, skill and teaching about Indigenous culture.Eg a large painting containing traditional knowledge is cut up by a gallery to make 10 small paintings.Eg an artwork containing traditional knowledge is printed on underwear.Right to prevent insulting, offensive and misleading uses of ICIP in all media.
#Culturally inform definition and examples full
Right to full and proper attribution or naming of the community connected with the ICIP.Eg if someone copies traditional artwork onto fabric and sells it, then the community is compensated for the illegal use of that work.Right to be paid for use of ICIP, particularly if it has been used in a way which is inconsistent with traditional laws or without the community’s permission.Eg when a T-shirt is manufactured with a print of a traditional motif on it, the design should be one that is allowed to be used for this purpose.Right to ensure that traditional laws and customary obligations are respected, particularly when money is made from ICIP.Right to protect traditional knowledge and sacred cultural material.ICIP is said to include the following rights: The idea of ICIP is based on the principle of self-determination. Sometimes the words “Cultural Heritage” are used to mean the same thing. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. ICIP refers to all the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. What is Indigenous Cultural and Intellectual Property (‘ICIP’)? Indigenous Cultural and Intellectual Property refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture.
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