GetUp! - Action For Australia

Australian Lawyers for Human Rights (ALHR)'s idea

ALHR is of the opinion that Intellectual Property protections in Australia need to be considered in respect of the unique significance arts and culture holds for Indigenous peoples.

In particular, ALHR recognises that there are various protections that could be afforded to Indigenous cultural heritage, including: the protection of the underlying ideas or information that is put into a work; a style or method of art; some performances such as dance and music regardless of whether they have been recorded; and a communityâ€™s rights in an artwork.

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Comments
Barbara Johansen Apr 11, 2008 12:36 PM 117 2	Protecting precious drawings and rock art It is essential that 'in situ' indigenous works of art and cultural heritage also be protected from the activities of mining companies and other industries. The recent case in Western Australia which will see the destruction of ancient rock art in the name of 'economic imperatives' is reprehensible. All Australians, both black and white, are the custodians of these precious pieces of history.
Tony Trougton-Smith Apr 11, 2008 06:49 PM 47 1	No second chance for Burrup art Barbara has said it all. STAND UP FOR THE BURRUP!
Helen Apr 11, 2008 09:12 PM 59 1	rock art - world heritage listing NOW If we continue the way we are going, destroying and moving rock art for the sake of the next dollar (or what ever their reasons are), I can just imagine future generations looking back to the early 2000's and be mind boggled that we destroyed such precious, irreplaceable heritage. And what about the fact it's a record of what has happend over the last 30 000 odd years! World heritage listings need to be assigned to areas with rock are, carry out a survey of what is present (big job though), and stop any further destruction. STAND UP FOR THE BURRUP!! www.standupfortheburrup.com
Ffionnan Brooke-Watson Apr 11, 2008 10:55 PM 33 5	Ms It is my feeling that Intellectual Property Rights should be extended to all Indigenous Peoples' art, dance, music-- all of their culture. It is unique; it belongs to them and should not be exploited.
Wendie Apr 12, 2008 12:05 AM 19 3	Ms Indigenous Culture must be protected and Intellectual Property Rights are an essential part of this protection.
Frances Apr 12, 2008 12:50 AM 11 3	styles, tropes I agree that there should be intellectual property rights for indigenous Australians. The simplest and clearest case is for protection of rock art in situ. The next-simplest case is for traditional paintings of traditional subjects, by traditional groups. However: if protecting the styles themselves means that no other artist can incorporate an indigenous element into a painting/drawing/theatre-piece/musical composition, then this becomes a strange, backhanded censorship. (Removing indigenous tropes from the mix available to all will also give rise, again, to questions about what is "Australian" and what not. I, for one, have seen more than enough of that since Wik and Mabo and "terrorists" an"queue jumpers".) That kind of restriction is contrary to the spirit of art/artists themselves, who freely borrow, incorporate, comment, examine, add, subvert - I can see an arrangement whereby non-sacred elements could be made freely available to non-indigenous artists by an annual fee paid to traditional owners - a kind of upfront lending-right, made annually, while sacred art would remain the property of traditional owners only.
JoGar Apr 12, 2008 02:36 AM 43 4	Language disappears...culture disappearing How come as an Australian in Australia I can say "Bongiorno", "Ne How", "Kiora", "Bonjour"...but I can't say Hello in the local Aboriginal Language?? We all know the answer to that one... but make the change today...lets have some 'real and honest' education about the people who walked this land before us...(not the whitewashing we got). I say in schools teach all Aussie kids the Aboriginal Language of the region where they live. Yes learn Manderin etc but more importantly...learn Aboriginal and keep the culture alive. Look at our Kwiwi neighbours...perhaps we could learn something?
Hettie Apr 12, 2008 09:19 AM 20 3	Language carries Culture All people should have the right to lear their mother tongue and the international language (UNESCO 21.02.2008) ...real education is impossiblr through a foreign medium (..)the vernacular medium alone can stimulate original;ity in thought in the largest number of persons (Mahatma Gandhi 1920)
Peter Hartley Apr 12, 2008 09:49 AM 1 2	Mr Your comment
Lisa Apr 12, 2008 11:05 AM 12 1	Indigenous heritage I think that all indigenous cultural heritage, should be protected. Not just the rock art, after all the indigenous people have been here as long as the white man. And they have as much right to the land as we do. They are a part of our history and deserve to be treated with respect & dignity.
Helen-Mary Langlands Apr 12, 2008 11:50 AM 17 1	Sister We do not appreciate the spiritual significance of the Aboriginal culture. When lived in the right way there is community assistance and building. They look after each other. Their culture is the oldest living culture in the world and needs to be respected as such. The Aborigines were also the first environmentalists in the way they culturally cared for and nurtured the land
Neville Arrowsmith Apr 12, 2008 11:55 AM 28 0	Teach the real history of our country. Whilst the sentiments expressed in this site are mostly acceptable they don not really reflect the true feelings of non-indigenous Australians to the first people of this land. There is still a lot of racism, racist remarks and actions that has to be faced. It is almost impossible to change the mind set of those that have fixed ideas regarding the worth of the indigenous people of Australia. The way to go is for the children, from an early age to be taught the real history of our land, beginning with the stories expounded by the story tellers of their view of the creation, through the rainbow serpent. Followed by the real history of the resistance to the white invasion put up by the local tribes.
yaraan bundle Apr 12, 2008 04:38 PM 25 0	Medicine of Identity,cultural heritage, language dance/song!!! I believe we should have aboriginal history made mandatory curriculum in all schools, and in all "HISTORY" classes workshops etc, in tafe and uni's all around australia!! Our rock art is out on country being desicrated as I write this, but all aspects of art dance and languauge must be recognised, reclaimed, and regenerated, this is alot of our culture! which other mobs can be a part of too! black white or brindle we all have a responsiblity to look after australia or change the name back to new land, convicts place, or dialects of the earth people! Have social programs/places to reconcile people share the differences and embrace them!
Devon Fletcher Apr 12, 2008 08:19 PM 14 1	Sister You said it, Sister! The Oldest culture existing on this Earth (by a country mile!), and we should be doing everything we can to prevent its demise. Cultural extinctions are happening at an alarming rate, and are more important to the human race than species extinctions are to the rest of the natural world. Let us start a movement that will preserve this wonderful part of our heritage.
Michael Cleary Apr 13, 2008 08:31 AM 17 1	white australia has a black history Indigenous culture not only needs to be protected it also needs to be embraced. Indigenous culture should be Australias culture and taught through every level of schooling, including the language in a universal dialect. we need to embrace what is ancient, mystical and beautiful about Australia and the history of the indigenous culture is simply that. I cannot believe as a white Australian that i do not have a culture, and if you think that bbq and beer is a culture then please let me apologise in advance. INDIGENOUS AUSTRALIA is the true heart beat of Australia and we should all have the priveledge of learning about one of if not the oldest culture in living HISTORY
Kay Soderlund Apr 13, 2008 12:27 PM 16 1	Preservation/Conservation Issues The conservation (of cultural material) profession has been researching and developing methodologies for the preservation of rock art (along with indigenous artefacts)for the past 30 odd years, mainly in WA. However, support and funding for the conservation profession is tenuous, and has never benefited from an ongoing federal commitment to research and education. We need a National Institute for Conservation that will support ongoing research in areas of conservation that are relevant to Australia - such as rock art, passive environmental control in tropical areas, marine archaeology (in which we lead the world) - to name a few. Ongoing support for training programmes for conservators (only one currently exists) would be appreciated also!
makritanya Apr 13, 2008 12:55 PM 9 1	Our heritage at risk Your comment In Royal National Park, south of Sydney, there is a gallery of precious engravings, the world's cultural heritage. Since the original artists and custodians are no longer here to protect them, they are in great danger of being eroded. It is up to the present occupiers of the land to devise a means of saving this precious artwork for beyond our time.
Cato Apr 13, 2008 09:54 PM 5 1	Cultures are people It is of course nice to want to preserve 'the oldest' culture and its rock art etc. However the real point of culture is that it is the choices and actions of people. It is the indigenous people themselves that need to be given the space to move and act and breath without discrimination and systemic racism and induced poverty. Don't look to 'have or keep' Aboriginal culture it is the property of indigenous people. As a non Indigenous person I believe our role is to clean up our act - our own and others- on our wrong attitudes and harmful actions and lack of generosit to actual live indigenous people today. They must be empowered to maintain and envigorate their own culture in whatever way comes from their deep cultural roots unstunted by our violence, neglect and prejudice.
George Apr 14, 2008 02:04 AM 5 1	Protect Burrup and all Indigenous Heritage culture Destroying Rock art that ahs been there for thousands of years to remove an Finite resourse is a National SHAME and gone forever. Short term gain for a long term loss is not sound economics!!
Karranjal John Hartley Apr 14, 2008 08:20 AM 5 1	Aboriginal Wellbeing Worker I would see a modern Australia as Aboriginal Peoples being initiated and firmly rooted into their culture and achieving excellence in the modern western education system. I see a modern quality Australian education must include the whole body of traditional Aboriginal knowledge and learning pathways. A modern Australia would see equality as being of equal value and not as being the same. I would see the rights of Aboriginal Peoples acknowledged, enshrined, maintained and advanced within the body of the constituion

Comments

Barbara Johansen
Apr 11, 2008 12:36 PM

117

Protecting precious drawings and rock art

It is essential that 'in situ' indigenous works of art and cultural heritage also be protected from the activities of mining companies and other industries. The recent case in Western Australia which will see the destruction of ancient rock art in the name of 'economic imperatives' is reprehensible. All Australians, both black and white, are the custodians of these precious pieces of history.

Tony Trougton-Smith
Apr 11, 2008 06:49 PM

No second chance for Burrup art

Barbara has said it all. STAND UP FOR THE BURRUP!

Helen
Apr 11, 2008 09:12 PM

rock art - world heritage listing NOW

If we continue the way we are going, destroying and moving rock art for the sake of the next dollar (or what ever their reasons are), I can just imagine future generations looking back to the early 2000's and be mind boggled that we destroyed such precious, irreplaceable heritage. And what about the fact it's a record of what has happend over the last 30 000 odd years!

World heritage listings need to be assigned to areas with rock are, carry out a survey of what is present (big job though), and stop any further destruction.

STAND UP FOR THE BURRUP!!
www.standupfortheburrup.com

Ffionnan Brooke-Watson
Apr 11, 2008 10:55 PM

Ms

It is my feeling that Intellectual Property Rights should be extended to all Indigenous Peoples' art, dance, music-- all of their culture. It is unique; it belongs to them and should not be exploited.

Wendie
Apr 12, 2008 12:05 AM

Ms

Indigenous Culture must be protected and Intellectual Property Rights are an essential part of this protection.

Frances
Apr 12, 2008 12:50 AM

styles, tropes

I agree that there should be intellectual property rights for indigenous Australians. The simplest and clearest case is for protection of rock art in situ.

The next-simplest case is for traditional paintings of traditional subjects, by traditional groups.

However: if protecting the styles themselves means that no other artist can incorporate an indigenous element into a painting/drawing/theatre-piece/musical composition, then this becomes a strange, backhanded censorship.

(Removing indigenous tropes from the mix available to all will also give rise, again, to questions about what is "Australian" and what not. I, for one, have seen more than enough of that since Wik and Mabo and "terrorists" an"queue jumpers".)

That kind of restriction is contrary to the spirit of art/artists themselves, who freely borrow, incorporate, comment, examine, add, subvert -

I can see an arrangement whereby non-sacred elements could be made freely available to non-indigenous artists by an annual fee paid to traditional owners - a kind of upfront lending-right, made annually, while sacred art would remain the property of traditional owners only.

JoGar
Apr 12, 2008 02:36 AM

Language disappears...culture disappearing

How come as an Australian in Australia I can say "Bongiorno", "Ne How", "Kiora", "Bonjour"...but I can't say Hello in the local Aboriginal Language?? We all know the answer to that one... but make the change today...lets have some 'real and honest' education about the people who walked this land before us...(not the whitewashing we got).

I say in schools teach all Aussie kids the Aboriginal Language of the region where they live. Yes learn Manderin etc but more importantly...learn Aboriginal and keep the culture alive. Look at our Kwiwi neighbours...perhaps we could learn something?

Hettie
Apr 12, 2008 09:19 AM

Language carries Culture

All people should have the right to lear their mother tongue and the international language (UNESCO 21.02.2008)

...real education is impossiblr through a foreign medium (..)the vernacular medium alone can stimulate original;ity in thought in the largest number of persons (Mahatma Gandhi 1920)

Peter Hartley
Apr 12, 2008 09:49 AM

Mr

Your comment

Lisa
Apr 12, 2008 11:05 AM

Indigenous heritage

I think that all indigenous cultural heritage, should be protected. Not just the rock art, after all the indigenous people have been here as long as the white man. And they have as much right to the land as we do. They are a part of our history and deserve to be treated with respect & dignity.

Helen-Mary Langlands
Apr 12, 2008 11:50 AM

Sister

We do not appreciate the spiritual significance of the Aboriginal culture. When lived in the right way there is community assistance and building. They look after each other. Their culture is the oldest living culture in the world and needs to be respected as such. The Aborigines were also the first environmentalists in the way they culturally cared for and nurtured the land

Neville Arrowsmith
Apr 12, 2008 11:55 AM

Teach the real history of our country.

Whilst the sentiments expressed in this site are mostly acceptable they don not really reflect the true feelings of non-indigenous Australians to the first people of this land.

There is still a lot of racism, racist remarks and actions that has to be faced.

It is almost impossible to change the mind set of those that have fixed ideas regarding the worth of the indigenous people of Australia. The way to go is for the children, from an early age to be taught the real history of our land, beginning with the stories expounded by the story tellers of their view of the creation, through the rainbow serpent.

Followed by the real history of the resistance to the white invasion put up by the local tribes.

yaraan bundle
Apr 12, 2008 04:38 PM

Medicine of Identity,cultural heritage, language dance/song!!!

I believe we should have aboriginal history made mandatory curriculum in all schools, and in all "HISTORY" classes workshops etc, in tafe and uni's all around australia!! Our rock art is out on country being desicrated as I write this, but all aspects of art dance and languauge must be recognised, reclaimed, and regenerated, this is alot of our culture! which other mobs can be a part of too! black white or brindle we all have a responsiblity to look after australia or change the name back to new land, convicts place, or dialects of the earth people! Have social programs/places to reconcile people share the differences and embrace them!

Devon Fletcher
Apr 12, 2008 08:19 PM

Sister

You said it, Sister! The Oldest culture existing on this Earth (by a country mile!), and we should be doing everything we can to prevent its demise. Cultural extinctions are happening at an alarming rate, and are more important to the human race than species extinctions are to the rest of the natural world. Let us start a movement that will preserve this wonderful part of our heritage.

Michael Cleary
Apr 13, 2008 08:31 AM

white australia has a black history

Indigenous culture not only needs to be protected it also needs to be embraced. Indigenous culture should be Australias culture and taught through every level of schooling, including the language in a universal dialect.

we need to embrace what is ancient, mystical and beautiful about Australia and the history of the indigenous culture is simply that.

I cannot believe as a white Australian that i do not have a culture, and if you think that bbq and beer is a culture then please let me apologise in advance.

INDIGENOUS AUSTRALIA is the true heart beat of Australia and we should all have the priveledge of learning about one of if not the oldest culture in living HISTORY

Kay Soderlund
Apr 13, 2008 12:27 PM

Preservation/Conservation Issues

The conservation (of cultural material) profession has been researching and developing methodologies for the preservation of rock art (along with indigenous artefacts)for the past 30 odd years, mainly in WA. However, support and funding for the conservation profession is tenuous, and has never benefited from an ongoing federal commitment to research and education. We need a National Institute for Conservation that will support ongoing research in areas of conservation that are relevant to Australia - such as rock art, passive environmental control in tropical areas, marine archaeology (in which we lead the world) - to name a few. Ongoing support for training programmes for conservators (only one currently exists) would be appreciated also!

makritanya
Apr 13, 2008 12:55 PM

Our heritage at risk

Your comment In Royal National Park, south of Sydney, there is a gallery of precious engravings, the world's cultural heritage. Since the original artists and custodians are no longer here to protect them, they are in great danger of being eroded. It is up to the present occupiers of the land to devise a means of saving this precious artwork for beyond our time.

Cato
Apr 13, 2008 09:54 PM

Cultures are people

It is of course nice to want to preserve 'the oldest' culture and its rock art etc. However the real point of culture is that it is the choices and actions of people. It is the indigenous people themselves that need to be given the space to move and act and breath without discrimination and systemic racism and induced poverty. Don't look to 'have or keep' Aboriginal culture it is the property of indigenous people. As a non Indigenous person I believe our role is to clean up our act - our own and others- on our wrong attitudes and harmful actions and lack of generosit to actual live indigenous people today. They must be empowered to maintain and envigorate their own culture in whatever way comes from their deep cultural roots unstunted by our violence, neglect and prejudice.

George
Apr 14, 2008 02:04 AM

Protect Burrup and all Indigenous Heritage culture

Destroying Rock art that ahs been there for thousands of years to remove an Finite resourse is a National SHAME and gone forever. Short term gain for a long term loss is not sound economics!!

Karranjal John Hartley
Apr 14, 2008 08:20 AM

Aboriginal Wellbeing Worker

I would see a modern Australia as Aboriginal Peoples being initiated and firmly rooted into their culture and achieving excellence in the modern western education system.

I see a modern quality Australian education must include the whole body of traditional Aboriginal knowledge and learning pathways.

A modern Australia would see equality as being of equal value and not as being the same.

I would see the rights of Aboriginal Peoples acknowledged, enshrined, maintained and advanced within the body of the constituion

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