Aboriginal Law Bulletin --- "News: Copyright Inaction Update" [1988] AboriginalLawB 54; (1988) 1(34) Aboriginal Law Bulletin 15

• Copyright Inaction Update

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Copyright Inaction Update

Despite calls from Aboriginal groups over the last year, the Federal government has steadfastly refused to seriously acknowledge or act on problems of copyright protection for Aboriginal artists.

As a result of an Executive meeting between the Northern, Central and Tiwi Land Councils, as well as resolutions from a full NLC meeting, a letter was sent to Minister Gerry Hand requesting immediate action from the Department of Aboriginal Affairs "to appoint counsel to investigate breaches of copyright and institute legal proceedings (civil and criminal) against offenders on behalf of artists concerned". The letter also asked for urgent action to be taken on drafting legislative changes to protect Aboriginal artists.

After some delay, the Minister replied, stating inter alia that it was up to individual artists or their representatives to take such legal action, claiming that "it is not a matter in which the Commonwealth itself would wish to initiate proceedings".

The Minister sugested that Aboriginal artists wishing to take action, "should be advised to discuss the matter with the National Australian Aboriginal Legal Aid Service (NAALAS)". The Minister gave no indication how Aboriginal legal services - dealing as they do primarily with criminal work - would be able to institute investigations and litigation into the activities of offenders based interstate.

The Minister did say that the issue of Aboriginal copyright would be referred to a forthcoming review into Aboriginal arts and crafts. However it is now 13 months since the announcement of this review, and there has yet to be an announcement about its terms of reference and composition [at the time of writing]. Further, the clearsighted and comprehensive recommendations of the Report of the Working Party on the Protection of Aboriginal Folklore, which took 10 years to complete and which was released in 1983, have been completely ignored by the federal government since the Report was released.

In recent weeks, the Association of Northern and Central Australian Aboriginal Artists (ANCAAA) have mounted a display publicising many of the rip offs being sold around the country.

Part of that ehibition included the illegal use of an Aboriginal design by Gunbalanya-based artist Neville Namarnyilk on a poster by a Commonwealth statutory authority. Ironically the offender in this case is the Aboriginal Development Commission. While the copyright breach occurred prior to the appointment of many of its current Commissioners, ANCAAA has approached the ADC on Namamyilk's behalf asking for payment for the use of the design. It is understood that the matter will be considered at the next ADC meeting.

It is ironic also to note that the Australian Bicentenary Authority has used copyright law to deny access to the bicentenial symbols by anti-bicentennial groups, including Aboriginal protesters such as Lou Davis from ABART.