FIRST NATIONS

Organisations, individuals and non-First Nations artists have a responsibility to:
• Understand that First Nations communities have the right to self-determination. This means they have the right to enforce their own engagement and cultural protocols. This also means First Nations artists and communities have a right to agree, request changes or say ‘no’ to a proposal to engage, provide support or work together.
• Understand the general principles of this Code are always subject to the specific cultural protocols of the relevant First Nations community
• Understand that power imbalances can exist in commercial arrangements involving First Nations communities
• Acknowledge that power imbalances are underpinned by the colonial framework of Australia
• Recognise that artists across the country have different ways of doing business and different decision-making processes that adhere to the cultural protocols of their own families and communities
• Observe the True Tracks principles when dealing with Indigenous Cultural and Intellectual Property (ICIP)
• Follow the Australia Council for the Arts Protocols for using First Nations Cultural and Intellectual Property in the Arts
• Ensure that First Nations people have the choice to be involved in all levels of a project or program
• Invest time and effort to build genuine working relationships, good channels of communication and realistic time expectations
• Ensure there is sufficient lead-in time for artists to consider a request to work together and obtain free prior and informed consent from artists
• Ensure there is a flexible and well thought-out budget, including fees to cover the artist’s time that also considers the artist’s ICIP, and time for the artist to attend meetings
• Be open to negotiating artist fees and answering questions on payment tpe and structure
First Nation artists have a responsibility to:
• Meet their own business and economic obligations
• Meet obligations owed to their families and communities
• Make informed choices and have the ability to participate in all matters relating to their artistic and cultural practice
• Protect and maintain the cultural and artistic practice which extends to assessing, agreeing, requesting changes or declining any engagements wor work with third parties
Agreements with artists should outline:
• All terms and conditions, according to a standard, transparent and accessible (preferably digital) template
• Expectations and responsibilities of each party
• Translation agreements if required
• Fees payable to the artist and method of payment
• Timelines
• ICIP arrangements, including consent, integrity, attribution, benefit-sharing and protection