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The release of Terri Janke’s Our Culture:
Our Future - Report on Australian Indigenous Cultural and Intellectual
Property Rights (1998) raised national and international discussion
on the need to develop policies and strategies to protect the copyrights
of Indigenous artists.
The issue of copyrights is something that needs
to be legislated on because often, knowledge and artistic creation
of stories in film, dance, song, and literature, is owned by a whole
community. This is different to individuals having intellectual
property rights over information that belongs to them as individuals.
The issue of moral rights - the rights you have
as an artist to be acknowledged as the creator of a work, and the
right for your work not to be altered without your consultation
— is also something that Indigenous artists are concerned about.
The resale royalty or the Droite de Suite
(as it is called in French) is the right of an artist to receive
a percentage of the resale price of an artistic work. Australia
does not have laws regarding resale royalty rights however some
countries have introduced resale royalty laws including France and
Germany. The scheme would increase the economic returns to artists,
generally, however given the large increases in resales of Indigenous
artworks, it is often argued that the resale royalty would be of
great benefit to Indigenous artists.
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