Respecting Indigenous Cultural and Intellectual Property (ICIP) means ensuring cultural knowledge, stories, art, dance and other creative works are shared in ways that align with First Nations community values and rights. This includes obtaining consent when required, providing proper attribution, and valuing ICIP appropriately. Using ICIP ethically strengthens relationships, respects Culture and supports self-determination.
Respecting ICIP empowers the self-determination of First Nations creatives, communities and current and future Traditional Custodians. It recognises First Nations peoples as the primary interpreters and guardians of Culture.
Ways to respect ICIP
Principles for respecting ICIP
The True Tracks® Principles are an internationally recognised framework that has been widely applied across various industries to help guide people to respectfully engage with First Nations peoples and ICIP.
The True Tracks® Principles form the foundation of Creative Australia’s Protocols for using First Nations Cultural and intellectual Property in the Arts. The protocols guide anyone who is working with First Nations peoples and ICIP in the creative industry.
The True Tracks® Principles
- Respect
- Self-determination
- Communication, consultation and consent
- Interpretation
- Cultural integrity and authenticity
- Secrecy and confidentiality
- Attribution
- Benefit sharing
- Continuing cultures
- Recognition and protection
True Tracks © and ®, Terri Janke and Company
Note: To reproduce, adapt or use the True Tracks® Principles, you must first seek a licence from Terri Janke and Company.
Consent
Get free, prior and informed consent (FPIC) from the Traditional Custodians before using or sharing ICIP.
Free: Consent is given voluntarily, without pressure or coercion.
Prior: Custodians have plenty of time to consider the request, and for culturally-appropriate decision making.
Informed: Custodians have all necessary details to make an informed decision, including:
- What is the proposed use/s of ICIP? By who? When? How? Why?
- What are the opportunities and risks?
- How will it benefit community?
Consent: Custodians can choose to say yes or no at any point. This decision must be respected.
First Nations leadership
Respectful use or sharing of ICIP means First Nations peoples are empowered to make decisions about it, both now and into the future.
Attribution
Clearly credit both any individual contributors or creators, and the Traditional Custodians who are the cultural owners of the ICIP.
Learn more about including notices on publications of ICIP.
Interpretation
Keep the story and expression true to how it is told by First Nations voices.
Do not change ICIP in ways that may misrepresent or alter the interpretation of ICIP.
Recognise value
ICIP is valuable. First Nations creatives and communities must share in the benefits of any application of ICIP.
Learn more about benefit sharing: fair value for ICIP.
Keep learning:
Creative Australia
Protocols for First Nations Cultural and Intellectual Property in the Arts
Learn moreBenefit sharing: Fair value for ICIP
First Nations creators and communities have the right to receive fair recognition and compensation when sharing cultural knowledge.
Benefit sharing is more than just paying for time or services – it’s about recognising the unique cultural value, strength and vibrance that ICIP brings to every collaboration.
There are many ways to recognise the value of ICIP. One common way is through fair payment.
Establishing a fair fee for ICIP can be hard. ICIP holds a high cultural value and is significant according to cultural practice. It has existed since time immemorial. It is difficult to assign a dollar value to ICIP. First Nations peoples should be able to negotiate fair payment that reflects the cultural knowledge, time and care they share.
Benefit sharing should always be on mutually agreed terms. First Nations peoples have the right to decide how and on what terms ICIP is shared.
Different types of benefit sharing
Benefit sharing can be monetary or non-monetary.
The most important thing is that value for ICIP is fairly discussed and agreed mutually.
Some examples of benefit sharing could include:
| Monetary benefits | Non-monetary benefits |
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Things to consider when coming up with an agreement
When establishing pricing and benefit-sharing arrangements, it can be helpful to think about:
The size and scale of the project
How big is the ICIP use? How far will it reach? The larger or more significant a project, the more value should be associated with the ICIP.
The type of ICIP
The type of ICIP being shared may influence the discussion about what the benefit should be.
In practice:
Benefit sharing for First Nations language
A First Nations group is granting consent to a playwright to use a language word in the title of their play. The playwright may dedicate a portion of the profits from the show to contribute to language revitalisation programs for that community, or deliver a workshop at the local school about playwriting.
Community custodianship of ICIP
Because ICIP is communally owned and belongs to the whole community, benefits should flow back to that community.
Valuing individuals’ contributions
There may be people who help with consultation or introduce ICIP to a project. While benefits for the ICIP itself go to the community, these individuals might also receive consultancy fees for their time and expertise.
In practice:
Valuing individual and community contributions
For example, a community representative may help with facilitating consultation about the use of a creation story in an audio recording that will be used to accompany a walking tour around a regional town. The First Nations Traditional Custodians of the Country and the creation story have the right to share in the benefit from the use of their ICIP. However, the community representative may also be entitled to consultant fees in recognition of their time and the value of their contribution.
Keep learning:
National Association for the Visual Arts
Code of Practice for Visual Arts, Craft and Design
Learn moreResolving disputes that involve ICIP
Disputes related to ICIP can be culturally sensitive and complex. They can involve multiple individuals and communities.
Sometimes, disputes can be resolved by doing more consultation to figure out the best way forward. Other times, it may be necessary to stop using the ICIP to avoid causing cultural harm.
If a dispute arises involving ICIP, remember that only First Nations custodians of Culture have the right to speak for Culture.
Engage the support of Elders or cultural authorities of the relevant community, to help deal with the dispute. Follow their advice.
In some cases, it may be useful to engage an independent mediator. This person should be a First Nations person, even if they are from a different community, to increase cultural safety as the dispute is discussed.
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More in this section:
About ICIP
Indigenous Cultural and Intellectual Property (ICIP) refers to all aspects of First Nations peoples’ cultural heritage, including the tangible and intangible. First Nations peoples have rights to maintain, control, protect and develop their ICIP. There are strategies that everyone can put in place to safeguard ICIP.
Practical ways to protect ICIP
Organisations and individuals can safeguard ICIP by using a variety of tools, including intellectual property laws, contracts, copyright notices, licensing agreements, and community-led protocols. These measures empower First Nations people to maintain control over ICIP while building trust, supporting ethical partnerships, and strengthening business relationships.
