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Protocols for using First Nations Cultural and Intellectual Property in the Arts

First published in 2002 and revised in 2007, this is the third edition of the Australia Council for the Arts First Nations Protocols, written and prepared by Terri Janke and Company.

These protocols are for creative practitioners working with Indigenous artists or Indigenous cultural heritage in their creative projects. Those being funded by the Australia Council grant assessment panels are required to comply with the protocols.

Solicitor Director Dr Terri Janke says,

 

“While works by individual artists are protected by copyright, Australia does not yet have a law that prevents alteration, distortion or misuse of traditional symbols, songs, dances, performances and story that may be part of the heritage of particular Indigenous language groups. This is where the Australia Council for the Arts’ Protocols for using First Nations Intellectual and Cultural Property in the Arts comes in. The protocols provide a pathway for collaborations and creation of new Indigenous work.”

 

Protocols for using First Nations cover
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© 2025, Terri Janke and Company

All professional photography by Jamie James at James Photographic Services and Stephen Wilson Barker.​

The painting 'Terri - Butterfly Flowers Dreaming' by Bibi Barba has been used under license in the firm photographs, including for staff profiles.

The painting  'Ancient Tracks and Waterholes' (2019) by Rene Kulitja has been used under license in some firm photographs on the TJC website homepage, staff profiles, careers and services pages. Visit Maruku Arts for more work by Rene Kulitja.

The visual artwork ‘Freshwater Lagoon 1’ by Lisa Michl Ko-manggen has been used under license in some photographs and videos. Visit Cape York Art for more work by Ko-manggen.

The painting ‘My Country’ by Bibi Barba has been used under license in some photographs and Law Way videos. Visit Bibi's website.

Liability limited by a scheme approved under Professional Standards Legislation

​Disclaimer: The information found on our Website and Blog is of a general nature and is not intended to be legal advice on specific matters. Although we attempt to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future. Contact us for advice on a specific matter.

CREDITS

Terri Janke and Company acknowledge the Traditional Owners of the lands on which we live and work.
We acknowledge the Bidjigal People, the custodians of the Country where our office is located.

We extend our respect to all Aboriginal and Torres Strait Islander peoples throughout Australia. We recognise their ongoing connection to land, sea and skies. We pay our respects to their knowledge, and to the Elders past and present.

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