JOINT MEDIA RELEASE

Senator the Hon Richard Alston Minister for Communications, Information Technology and the Arts

The Hon Daryl Williams AM QC MP Attorney-General

The Hon Philip Ruddock MP Minister for Immigration, and Multicultural and Indigenous Affairs

Indigenous communities to get new protection for creative works

Indigenous communities will be able to take legal action to protect against inappropriate, derogatory or culturally insensitive use of copyright material under new legislation proposed by the Government.

Amendments to the Copyright Act, to be introduced into Parliament later this year, will give Indigenous communities legal standing to safeguard the integrity of creative works embodying traditional community knowledge and wisdom.

The legislation delivers on the Government's commitment in its Arts for All policy at the 2001 election to provide moral rights that give Indigenous communities a means to prevent unauthorised and derogatory treatment of works and comes amid growing international interest in Australia's rich heritage of Indigenous art and culture.

Development of these provisions also follows a call from Senator Aden Ridgeway, Indigenous Affairs spokesman from the Australian Democrats, for new protection for Indigenous communities.

The moral rights provisions of the Copyright Act give individual authors the right to be identified as the author or artist of their work and to take action to prevent false identification of the author or derogatory treatment of these copyright works and films.

However, Indigenous communities do not currently have legal standing to bring moral rights court actions regarding the treatment of Indigenous material.

The legislation would introduce Indigenous communal moral rights in relation to a work (including an artistic work) or film based on an agreement between the author/artist and the Indigenous community. These rights could be independently exercised by the community and would mirror the nature and scope of authors' moral rights as far as possible.

These proposals will provide certainty and assist users and purchasers of items to identify those works and films to which the rights attach, and will facilitate cooperation and respect between artists, authors, film-makers and Indigenous communities.

The legislation will provide a simple, workable and practical scheme for Indigenous communities, artists, galleries and the public. However, the Government will continue to consult in fine-tuning the new provisions.

Media Contact:

Simon Troeth (Senator Alston's office) (02) 6277 7480/ 0439 425 373
Carina Tan-Van Baren (Mr Williams' office) (02) 6277 7300/ 0419 423 965
Jeremy Chitty (Mr Ruddock's office) (02) 6277 7860/ 0418 971 042