TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSION
Traditional knowledge and traditional cultural expressions of Aboriginal and Torres Strait Islander people is their cultural heritage – PAST, PRESENT and FUTURE.
This cultural heritage includes languages, cultural knowledge, sites, land, seas, objects and ancestral remains, literary, performing and artistic works and documentation of Aboriginal and Torres Srait Islander peoples’ heritage. This heritage is a living heritage, transmitted through the generations, and belonging to communities, groups and clans, families and their land and waters. Many generations contribute to the development of this heritage, and future generations will continue to nurture and develop culture.
The rights of Aboriginal and Torres Strait Islander people to maintain, control, protect and develop their cultural heritage are not fully recognised under Australian law. Where laws do exist and affect cultural heritage they often do not protect cultural heritage in the same ways that Aboriginal and Torres Strait Islander People would like their culture to be protected. For example, intellectual property laws give rights to individuals to control the use of new creations they develop or invent. These are individual rights, not communal rights, which expire after a certain period of time.
In Australian laws it fails to recognise the scope of these rights, so organisations such as the Far West Languages Centre must step in and set up protocols and principles for the treatment and protection of traditional knowledge, and traditional cultural expressions. This Protocol represents the official policy of the Far West Languages Centre to ensure the ongoing respect and acknowledgement of Aboriginal cultural rights to traditional knowledge and traditional cultural expressions of the Far West Coast peoples.
ETHICAL PROTOCOLS & PROCESSES
ATTRIBUTION, CULTURAL MOURNING AND NOTICES
Some Aboriginal communities and people have cultural mourning practices which may apply after a person(s) have passed away.
The Far West Languages Centre commonly attributes language informants who contribute to its language work and resources. This attribution includes naming the person and their community and acknowledging their contribution of language knowledge and cultural heritage.
However in some instances the family or community of a deceased language informant may request that the informant’s name is removed, including for periods of time. The Far West Languages Centre will use its best efforts to accommodate the wishes of a deceased informant’s family. However, the Far West Languages Centre may not be able to remove the informant’s name completely – for example when there are published dictionaries already in the public with the informant’s name attached. The Far West Languages Centre may be able to remove an informant’s name from the accessible area of its database of language knowledge, but it will keep an independent record of that informant’s contribution so that future generations have information of where the knowledge originated.
The Far West Languages Centre has a standard practice of publishing a warning notice to Aboriginal and Torres Strait Islander readers of its dictionaries and books that they may contain the names and images of deceased persons and also the same process for voice recordings. These notices are published to give a warning to readers who may become distressed by seeing these names and images, or hearing voice recordings.
COPYRIGHT AND CULTURAL HERITAGE
Copyright works and other subject matter are protected under federal legislation in Australia in the Copyright Act 1968 (Cth). This legislation will impact the work done by the Far West Languages Centre on language collection and protection, including original written documents produced by the Far West Languages Centre, compilations such as dictionaries published on language, audio and audio-visual recordings taken of language informants and the ongoing uses of all these items.
Copyright law does not protect the language words or traditional knowledge found in these documents. It protects the material expressions of this culture – the written report, the recording taken of a language expert. Language words on their own cannot be protected by copyright unless they are expressed in a copyright protected form – for example, if someone wrote a novel or a story in an Aboriginal language. In that case, the story would be protected by copyright, but each individual word would not.
Far West Languages Centre are assisting to make sure copyright is adhered to for the Cultural Heritage of the Far West Coast Communities through western law processes so a 3 step process is engaged with language speakers and holders of knowledge.
NO UNAUTHORISED COMMERCIAL USE OF INFORMATION
There is to be no unauthorised commercial use of the information contained herein on this website. Information should not be used in cultural heritage site tours, cultural activities, bush tucker, storytelling etc without observing these protocols or seeking permissions.
REPRESENTATION AND DISPLAY
We reserve the rights to interpret our Aboriginal Cultural Heritage, and to limit information contained on this site and to control access and subsequent use of this material. Issues of representation and display shall be widely consulted.
CONTINUING OBLIGATION
The continuing obligation of Aboriginal peoples to maintain their Indigenous Cultural and Intellectual Property is acknowledged, recognised and respected.
PROTECTION OF SENSITIVE MATERIAL
The right of Aboriginal people to protect sensitive material is recognised and there shall be no display of culturally or personally sensitive information without wide consultation with the relevant Aboriginal person(s) and group(s). If such material is included, it shall be treated in a dignified manner. Warnings should preclude transmission of any potentially sensitive material
REPRODUCTION
No Reproduction of Aboriginal Cultural and Intellectual Property is allowed without prior negotiation and prior informed consent.
Use and referral is allowed for the purposes of research or study so long as full and proper attribution is given to the author(s), artist(s) and group(s). However, the commercial use by educational institutions, commercial businesses, and all others is not authorised without prior consent and negotiation of rights.
NEGOTIATION
For use of materials on the website:
Consult with the Far West Languages Centre for approval on use and copyright on all commercial uses.
For more information
AIATSIS Ethical Research
The Australian Institute of Aboriginal and Torres Strait Islander Studies
Terri Janke and Company
Lawyers & Consultants