ICIP is a short way of saying “Indigenous Cultural and Intellectual Property”. Sometimes the words “Indigenous Cultural Heritage” are used to mean the same thing.
ICIP refers to all of the rights that Indigenous people want to have so that they can protect and control the use of their arts and culture. The idea of ICIP is based on the principle of self-determination. ICIP is said to include the following rights:
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Right to ensure that traditional laws and customary obligations are respected, particularly where money is made from ICIP;
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Right to prior informed consent for all uses of ICIP. For example, artworks that illustrate the cultural and spiritual beliefs, and values of a community, such as paintings of Wandjinas from the West Kimberley, should not be used by people outside the relevant communities without the prior informed consent of those communities, even iwhen the painting itself is not protected by copyright. See the case study about Mandy Davis and her “Emu” painting for an illustration of an illegal use of an artwork which was also considered hurtful to the artist as her designs and artworks illustrate her cultural beliefs and values and her connection to her ancestors;
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Right to be paid for use of ICIP, particularly if it has been used without permission;
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Right to full and proper attribution or naming of the community connected with the work;
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Right to protect traditional knowledge;
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Right to prevent insulting, offensive and misleading uses of ICIP in all media; and
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Right to control the recording of cultural customs and expressions, and language that may be essential to cultural identity, knowledge, skill and teaching about Indigenous culture.
Those rights are not recognised independently by law in Australia. However, work is currently undertaken in Australia as well as on an international level for the protection of ICIP, including the work of the World Intellectual Property Organisation (WIPO). See the Hot topics section for more information.
That work indicates a consensus about the need for specific legislation to protect ICIP. However, in the absence of agreed definitions in this area, progress is difficult.
