Aboriginal Artists' Rights and Protection: A Study of Australian Law and International Law
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Ημερομηνία
2021-09-23
Συγγραφείς
Sirois, Nicole
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This dissertation was written as part of the MSc in Art Law and Arts Management at
the International Hellenic University. It explores Aboriginal Artists’ rights and
protection under Australian law based on an analysis of legal cases, the institutional
framework for supporting the artists and discrepancies between Australian law and
international laws relating to Indigenous Knowledge in Australia. Aboriginal Australians
are considered the world’s oldest civilization based on DNA studies carried out by
historians. Aboriginal culture is rich, with a strong oral tradition and spiritual
connection to the land. Yet because Aboriginals traditionally followed a nomadic
lifestyle, precious little physical evidence of their culture remains. The aboriginal
community has faced challenges in controlling the unauthorized reproduction of their
artwork, receiving fair compensation and has become vulnerable to unethical
treatment by opportunists.
The objective of the dissertation is to identify: (i) the rights and protections available to
Aboriginal artists under both Australian law and international laws relating to
Indigenous Knowledge in Australia; (ii) to what extent the existing institutional
framework provides support to Aboriginal artists in maintaining these rights and
protections; and (iii) how Australian law could be better harmonized with international
laws relating to Indigenous Knowledge in Australia. Based on this analysis, the paper
recommends measures to strengthen Aboriginal Artists’ rights and protection under
Australian law and the institutional framework surrounding Indigenous Knowledge (IK)
through measures to control Indigenous art in the marketplace, respect Indigenous
laws and customs, recognize and protect the rights of Indigenous People, and promote
ethical behavior in dealing with IK.
Περιγραφή
Λέξεις-κλειδιά
Indigenous knowledge, Aboriginal artists