Using Indigenous Art

As an Indigenous-owned print business, Indigi-Print may ask clients about the use of Indigenous art, as part of our commitment to acting in good faith.

We appreciate your understanding if we do so, as we believe that we all have a responsibility to uphold Indigenous Cultural Intellectual Property (ICIP).

We hope the below information on ICIP help you understand the importance of respecting Indigenous arts and cultural knowledge in your printing practice.

Using Indigenous Art

You may come across Indigenous art (i.e. paintings, drawings, photographs) or cultural knowledge (i.e. stories, traditions, cultural practices) that you wish to include in your print or design content. Before using Indigenous art in your print materials or collateral there are a few things to understand.

What to remember

What is important to remember is that all Indigenous art, cultural knowledge, and heritage are protected under Indigenous Cultural Intellectual Property (ICIP) law.

What is Indigenous Cultural Intellectual Property?

Indigenous Cultural Intellectual Property (ICIP) protects Indigenous knowledge and cultural practices, which includes how Indigenous art and cultural knowledge are used to ensure respect and protection for traditional customs and sacred laws.

What should you do before using Indigenous art in my print job?

It is important to adhere to ICIP laws, below are practical steps you can take to ensure proper handling of Indigenous intellectual property:

Contracts/agreements: Use written agreements detailing agreed use of the Intellectual Property and how Traditional Owners, artists, creators have allowed the use of the Indigenous art or cultural knowledge.

Consent: Engage with Traditional Owners or creators before starting any commercial product or public resources use. Obtain written consent from any Indigenous person, cultural knowledge or artwork captured in a photograph or other media.

Scope of use: A contract should outline in written form how, where and for how long the intellectual property will be used. An agreed scope of use will ensure clarity and prevent misuse of Indigenous art or intellectual property.

Right to withdraw consent: It is important to understand that Indigenous people and community may withdraw their permission for use of their Indigenous art or cultural knowledge. Under the UN Declaration on the Rights of Indigenous Peoples foundation principles of FPIC, consent is not permanent and can be withdrawn by Indigenous artists or Traditional Owners at any stage.

What is the different between Copyright Law and ICIP?

Copyright law protects the physical material created by artists and ICIP aims to protect the Indigenous cultural knowledge, language, song, art, or storytelling embedded within the material.

It is important to consider both Copyright law and ICIP when using any artwork or content for your print or design needs.

For example, a photograph may be considered free of copyright under Creative Commons license, however the content of the photograph would be subject to ICIP to ensure protection of any Indigenous people or cultural heritage captured.