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Aboriginal and Torres Strait Islander peoples are advised that this website may contain photographs, voices, names and stories of deceased persons.

Introduction
What does best practice look like?
Working with art centres
Producing products with Indigenous designs
Royalties
Copyright Licensing
Packaging
Resources

Copyright Licensing

The guidance below proceeds on the basis that the artist will be the copyright owner. It is possible that the artist previously assigned their copyright to another party. If so, the right to licence that copyright will be controlled by the copyright owner, but the artist (or their estate) will still own ‘moral rights’ in relation to the artwork.

Copyright licensing is the process whereby an artist grants permission for their artwork to be used in a specific way, under agreed terms. The artist (the licensor) retains ownership of their copyright while allowing another party (the licensee) to reproduce, publish or communicate the artwork. This might involve permitting a person to apply a copy of the artwork to merchandise, used copies of the artwork as part of commercial branding (e.g. as a background to a website) or using copies of the artwork on the cover of a book.

A licence should set out key details such as:

  • How the artwork can be used (e.g., prints, clothing, packaging).
  • How the artist is to be attributed.
  • Duration of the licence (e.g., one-time, ongoing, or for a specified period of time). • Territory (e.g., local, national or international).
  • Whether the licence is exclusive or non-exclusive.
  • Payment terms (e.g., royalties, flat fees or other benefits).
  • Additional uses (such as advertising the product using the artwork).

Licensing can ensure that artists maintain control over their artworks while gaining financial and professional benefits. Ethical and fair licensing practices help support both artists and businesses, creating opportunities for collaboration while protecting cultural integrity—especially in Indigenous art.

There is no one-size-fits-all approach to licensing artwork. Payment to artists might be a fixed amount, ongoing royalties, or other contributions like funding community projects or offering training. However, businesses should ensure these extras do not replace fair payment to artists.

Licensing in action

Licensing Aboriginal and Torres Strait Islander art is about working together in a fair and open way. Everyone involved – artists, designers, and businesses – brings their own skills to create and sell products that benefit the artist, the art centre and businesses.

Licensing can be complex, so it is important to make sure agreements are clear, written down, and understood by everyone, regardless of language or literacy levels. The artist should always be informed, consulted and give approval at key points in the process. It is strongly recommended that approvals are secured at each major step of the process to ensure transparency and safeguard against changing circumstances. For example, if an artist or one of their close family members passes away during the development of a product there may be cultural protocols to adhere to that could impact whether or not the artwork can still be reproduced.

Good licensing is built on trust, respect, and communication. The Indigenous Art Code is a great guide to ensure ethical and fair practices.

Product licensing

To secure a licence to manufacture products using artist artwork, there are three main options, depending on the arrangements the artist has put in place to manage their artworks.

If the art centre has registered its artists with the Copyright Agency, third parties can acquire a licence directly from the agency. This registration allows the Copyright Agency to sub-licence the artist’s copyright and pass on any collected royalties to the artist, minus a commission. For more details, you can visit the Copyright Agency’s website.

Art centre as agent

The art centre may act as the artist’s agent, negotiating and signing copyright licences on behalf of the artist. The art centre has a responsibility to ensure that the artist agrees with the deal and understands how their artwork will be used by the licensee.

Direct agreement with artist

Third parties can directly negotiate a copyright agreement with the artist. Often, the art centre that represents the artists assists in negotiating the terms, but the final licence is signed by both the third party and the artist. All Arts Law agreements follow best practices, and the standards set by the Indigenous Art Code. These agreements do not specify royalty amounts, so for information on royalties, visit the Royalties page.

Manufacturers terms and conditions

Reaching agreement with an artist to manufacture a product involves entering into a legal contract with that artist or the art centre that represents them. Most will have some standard terms and conditions which will apply to your transaction unless you make a different agreement.

More information about licensing

More detailed information about copyright and licensing is available from the Australian Copyright Council, Copyright Agency and the Arts Law Centre of Australia.

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