Choosing the right products

Artists and communities may have preferences and restrictions regarding how their designs are used. Always seek guidance on what is suitable and what should be avoided.

Before production begins, ask:

• What types of products should feature Indigenous artwork?
• Are there products that should not carry cultural designs or stories?
• Which products are appropriate for this collaboration?

Consent and permission

You need consent before using Indigenous artworks or stories.

Manufacturers should:

• Identify the right person to speak to: this may be the artist, an art centre and/or cultural Elders.
• Ask clear questions and specify terms in writing to avoid confusion.
• Specify the intended use of the artwork and any cultural considerations.
• Establish whether the artwork or design needs modifications before being placed on a product.
• Determine whether old or new artworks can be used, and what is culturally appropriate.
• Seek clarity on whether approval is needed solely from the artist, or also from Elders or the artist’s family or broader community.
• If an artist has passed away, ensure the correct cultural protocols are followed before using their work.

Finalising agreements and documentation

Best practice requires formal documentation to ensure transparency and protect the artist’s rights. Consider:

• Does the project have a clear approval process before moving forward? Visual mock ups should be shown and signed off from the artist.
• How will consent be recorded or acknowledged?
• Is there written paperwork outlining all conditions of use?
• Have all stakeholders reviewed the protocols to ensure respectful engagement?

By following these ethical steps, manufacturers and retailers can establish meaningful, culturally responsible partnerships that support Aboriginal and Torres Strait Islander artists while ensuring proper recognition and fair compensation.

Indigenous Cultural and Intellectual Property protocols

Respecting Aboriginal and Torres Strait Islander art, stories and cultural knowledge is essential in ethical product development. Businesses must ensure that artists’ rights and cultural protocols are upheld throughout the entire process, from concept to final production.

Indigenous Cultural and Intellectual Property (ICIP) refers to the rights of Indigenous peoples to protect their traditional knowledge, cultural expressions and heritage. This includes things like stories, songs, dances, art, symbols, designs and sacred sites and objects.

Protecting ICIP is important for a number of reasons. It preserves cultural heritage and ensures that traditional knowledge, expressions and practices are respected and maintained for future generations. This protection helps prevent the unauthorised use or exploitation of cultural elements, which can lead to cultural misrepresentation and loss of cultural identity.

Protecting ICIP supports the economic rights of Indigenous communities by ensuring they receive fair compensation for the use of their cultural expressions and knowledge. This can provide significant economic benefits and opportunities for these communities.

Using artwork and stories responsibly

Artists and communities must be acknowledged and respected in all uses of their work. Ensure authenticity, artwork and stories should be used with permission and cultural awareness. Aboriginal and Torres Strait Islander people have the right to safeguard their artistic and cultural expressions: Customs and traditions must be respected. Artworks must be used properly and in ways that align with community values. Protection applies throughout the entire process, from design and licensing to production and marketing.

Documenting and implementing protocols

Businesses should ensure their activities aligns with existing ICIP protocols:

• Are guidelines already written down or commonly understood by artists and communities?
• Are new protocols needed to reflect ethical practices in product development?
• Do artists or communities have their own rules for how their artwork and stories can be shared?

By respecting ICIP from the start, businesses can build meaningful partnerships while ensuring fair and ethical engagement with artists and communities.