Aboriginal Motifs

Functions and Philosophies

2. Respect

Indigenous images, designs, stories and other cultural expressions should be respected. The rights of Indigenous people to own their heritage is covered in the customs and protocols. These vary across the many diverse communities of Indigenous people. 

In the practice of Public art it is common for Indigenous artists to seek approval from the Indigenous community for public art based projects in any particular country within Australia. 

When dealing with indigenous artwork take into account the cultural groups you may be dealing with. Avoid inappropriate or outdated perspectives when analysing their artwork. Many come form diverse backgrounds whether they learn from their cultural teachers or are self taught. 

4. Integrity

When referring to the cultural integrity of indigenous artwork, under the Copyright Act the moral right of integrity provides the right of protection against inappropriate treatment of their work. For example the artists moral rights will be infringed if a an alteration of the work is made, such as adapting, cutting, editing or enhancing. Maintain the integrity of the work is important for the source communities as well.

Moral Rights & Issues

When referencing Aboriginal motifs the artist has the right to have his or her name reproduced alongside each reproduction of his or her work. The industry practice for use of the work includes the media, year, dimension, source of the license and image.

There are new laws that provide the following rights to artists:

1. The right to be attributed as the artist – Artists can require their names be clearly and prominently reproduced alongside all reproductions of their works.

2. The right not to have work falsely attributed to another artist – Artists can take action against parties who falsely attribute others as the creators of their works.

3. The right of integrity – Artists can take action against parties who subject their works to inappropriate treatment. Inappropriate treatment includes:

• doing anything that results in the material distortion of, the destruction or mutilation of, or material alteration to, the work that causes harm to the artist’s reputation.

• exhibition of the work in public in a manner or place that causes harm to the artist’s reputation.