This policy sets out the framework under which Bangarra Dance Theatre acknowledges and respects Indigenous Cultural and Intellectual Property rights.
Background
What is ICIP?
ICIP or Indigenous Cultural and Intellectual Property, refers to the cultural heritage of Aboriginal and Torres Strait Islander people. This heritage is living heritage, handed down from generation to generation and inextricably connected to Country.
ICIP refers to the rights of Aboriginal and Torres Strait Islander people to their heritage, both tangible and intangible elements. ICIP includes traditional knowledge, traditional cultural expression and cultural objects. It incorporates all aspects of knowledge (sciences, plant and animal knowledge, stories, designs and symbols, ritual knowledge), cultural objects (arts, crafts, jewellery, instruments, weapons, tools), languages, performances (ceremonies, dance and song), documentation and recordings of or about Aboriginal and Torres Strait Islander heritage and peoples, and ancestral remains and includes the secret and sacred (Figure 1). Many generations may contribute to the development of ICIP. In this way, ICIP is ever changing, ongoing and communally owned. Dealing with ICIP rights includes respecting individual and collective experiences, perspectives and priorities for communities and culture.
Background
Bangarra Dance Theatre (Bangarra) acknowledges the industry standards set by Creative Australia’s Protocols for using First Nations Cultural and Intellectual Property in the Arts. These protocols have been widely adopted across the Australian arts communities to respect Indigenous Cultural and Intellectual Property (ICIP) and to develop practices and processes for working with Aboriginal and Torres Strait Islander people and cultural heritage. Bangarra incorporates ICIP into the very heart of our projects, from storytelling, to dance, to design, language, and music. This Policy is our statement on how we will respect ICIP in our work.
Purpose
We, Bangarra, are ignited by our obligation to Country and Community, to nurture the transmission of Story, knowledges, history and experiences of Aboriginal and Torres Strait Islander peoples to effect change and create lasting impact. In carrying out this obligation, Bangarra has developed this Policy to ensure that our engagement with Indigenous peoples and their ICIP is respectful and meaningful.
ICIP Framework
1. Respect and acknowledgment
Bangarra respects the right of all Indigenous peoples to control, use and maintain their culture, as expressed in Article 31 of the UN Declaration of the Rights of Indigenous Peoples. ICIP is a living culture which may be reinterpreted by each generation in new and different ways. The rights in that culture are perpetual and never die. Unlike western intellectual property rights like copyright, ICIP rights are cultural and communal rights, and can belong to nations, clan groups, communities and families. Working with Aboriginal and Torres Strait Islander content in our work will involve consideration of copyright and ICIP.
Bangarra recognises that the right to control ICIP includes both the tangible and intangible aspects of cultural heritage. For example, the cultural knowledge about a story, and the story itself or the cultural knowledge about a dance and the choreography of the dance.
We strive to ensure that the appropriate customs or cultural protocols are followed within Aboriginal and Torres Strait Islander communities, acknowledging that these protocols may differ. These cultural protocols can include who can speak for cultural heritage, how wide a consultation may be, and whether the song, Story, dance, cultural object or other ICIP is appropriate to be shared with Bangarra. Bangarra respects these processes and the communities that it works with to develop our programs and other cultural experiences.
2. Self-determination
Bangarra respects the right of Indigenous peoples to be involved in decision-making about the use of their cultural heritage.
This right extends not just to initial discussions around the use of ICIP, but to maintain relationships over time as the use of ICIP, including the context in which it is presented, changes and adapts.
Bangarra has worked hard over many years to develop and strengthen our relationships with the Indigenous communities who share their culture with us. These relationships are our most precious resource and set the foundation for our work. With this relationship comes the responsibility of giving back to our communities. As Bangarra continues its work, we may develop new relationships and work with different communities to share ICIP. Bangarra will seek to involve each Indigenous partner in making decisions about the use of their ICIP, where appropriate.
Bangarra draws inspiration from Aboriginal and Torres Strait Islander cultures by developing and maintaining strong relationships with the communities we collaborate with. Our Aboriginal and Torres Strait Islander staff, Dancers, Cultural Advisory Council, and Artists-in-Residence come from various communities and play a key role in advising on protocols. They identify the cultural authorities, local Elders, individuals, and organisations in their communities to engage with. Additionally, our Board, which includes Aboriginal and Torres Strait Islander members, ensures the consistent application of cultural protocols. Bangarra does not seek to own the ICIP that we incorporate in our work. This rightfully remains owned by the Traditional Owners and knowledge holders of that ICIP who may authorise Bangarra and others to use that knowledge at their discretion.
3. Free, Prior and informed consent
Bangarra supports the right of Aboriginal and Torres Strait Islander peoples to be consulted about the use of their cultural heritage, and to give their free, prior and informed consent for that use. This includes ongoing consultation, providing adequate time in which to engage in consultations to enable meaningful dialogue, and to provide time for Aboriginal and Torres Strait Islander people and communities to consider the implications of engaging with the company for any of their programs.
Bangarra always seeks approval for use of ICIP. Bangarra typically engages Cultural Advisors and/or Consultants who are involved throughout all stages of the development of our programs to provide guidance and approval on the use of ICIP. Bangarra engages key Cultural Advisors and/or Consultants to assist in the respectful and authentic delivery of Aboriginal and Torres Strait Islander programs. This often includes the sharing of Stories from their respective communities, or families. As part of this role, advisors and/or Consultants are asked to sign an agreement under which they provide cultural consent for Bangarra to use any ICIP contained in their contributions. This agreement outlines the permitted use of the ICIP, the licensing terms, fees, community royalties and attributions. This consent recognises the interests of the community, and the Advisor and/or Consultant undertakes the responsibility of overseeing the authorisation of this consent.
The consultation process and connections to Elders are crucial for Bangarra's Youth Program. They create a safe space for Elders to pass on cultural knowledge to the next generation, ensuring the program's foundation and success. Through a thoughtful and inclusive consultation process, the Youth Program Team actively involves Elders in shaping the program's curriculum, activities, and teachings. This collaborative approach fosters a sense of ownership and shared responsibility, allowing the program to reflect the diverse perspectives and knowledge of the community to ensure the ICIP remains in control of the community.
4. Interpretation
Bangarra acknowledges the right of Aboriginal and Torres Strait Islander peoples to be the primary guardians and interpreters of their cultural heritage. Bangarra’s purpose is to nurture the transmission of Story, knowledges, history and experiences of Aboriginal and Torres Strait Islander peoples to effect change and create lasting impact.
Bangarra is an Aboriginal and Torres Strait Islander dance company led by an Indigenous Artistic Director and Co-CEO. Over 50% of its workforce is Aboriginal and/or Torres Strait Islander, including all of the Dancers, and Youth Programs Team. The Company Constitution requires a minimum of 50% of Bangarra’s Board to be Indigenous.
Bangarra engages its Cultural Advisors and/or Consultants to work with us to develop and produce authentic Aboriginal and Torres Strait Islander stories and programs, where appropriate. This involves sharing knowledge with Bangarra, such knowledge and stories of Country, ancestor’s life stories, dances and songs. It also includes providing advice on staging and context, as well as overall involvement in our programs. Our Creative Team, Dancers, Artists-in-Residence, and Youth Program Team also share their local knowledge and inspire our programs from their respective backgrounds in a contemporary setting.
5. Cultural integrity
Bangarra always works to protect and uphold the cultural integrity of ICIP. We acknowledge that maintenance of cultural integrity strengthens Aboriginal and Torres Strait Islander peoples and communities.
Bangarra seeks community feedback over the integrity of its use of ICIP in its programs in a number of ways.
PRODUCTIONS
Bangarra’s Cultural and Creative Life Cycle for its productions typically begins on Country. Firstly, to consult and seek permission from key community leaders and Elders. If permission is sought, subsequent research trips to Country with members of the Creative Team are scheduled. Following this, Bangarra typically take the Dancers and Production Team to Country to immerse themselves with the community to hear the Stories and to get a sense of the land.
Our Return to Country initiative takes a production back to the community (Country) that inspired its creation for the viewing of the local people. For example, in 2014 Bangarra staged a ‘Best of’ work as a tribute to the contributions of Kathy Marika and Djakapurra Munyarryun. In 2022, Bangarra returned the production SandSong: Stories from the Great Sandy Desert back to the Fitzroy Crossing community.
Engaging with our Cultural Advisors and/or Consultants is also a source of ongoing feedback. Advisors and/or Consultants are invited to attend meetings, outreach programs, rehearsals, opening nights and subsequent performance seasons, to see the finished program and celebrate the launch.
YOUTH PROGRAMS
By providing a space for feedback, the Youth Program Team enables Elders to pass on their cultural knowledge to the younger generation. This allows for open dialogue, mentorship, and the transfer of traditional practices, stories, songs, and dances. The process not only helps preserve and revitalise culture but also empowers the youth by instilling a strong sense of identity, pride, and connection to their heritage.
Following a residency, the Youth Program Team returns to the community to re-establish connections with participants, Elders, and community members. Return visits provide an invaluable opportunity for the team to revisit communities where workshops and residency’s have previously taken place. They offer a chance to witness and understand the impact of the program on participants and see the initiatives they have undertaken within their communities since their involvement in the workshops. These return visits allow for meaningful feedback and enable the team to gauge the long-term effects and outcomes of the Rekindling program.
Feedback received enables Bangarra to deliver its programs authentically, and in a way that ensures the cultural integrity of the ICIP.
6. Secrecy and privacy
Bangarra respects the right of Aboriginal and Torres Strait Islander peoples and communities to keep their secret and sacred cultural heritage private in accordance with customary laws. ICIP may be secret for a number of cultural reasons, or may have restrictions applied (such as gender restrictions).
Bangarra consults with its Cultural Advisors and/or consultants, and with key community members and groups to ensure that the ICIP in its programs do not incorporate or refer to any secret or sacred knowledge.
Sometimes Bangarra may include ICIP of a sensitive nature in its programs. This consultation may take some time, depending on the nature of any sensitivity. Bangarra is respectful of cultural sensitivities and works in a way that considers those impacted by these sensitivities to avoid any conflict. Any knowledge sharing of a private/sacred nature is exchanged with the understanding that it is private and therefore not shared to the public (such as men’s/women’s business and burial ceremonies).
As part of the Return to Country initiative, certain community sacred knowledge may be shared to Bangarra by community members. This knowledge is respected and not used by Bangarra in its productions or in any other public way unless otherwise advised.
Bangarra acknowledges that use of images or the name of deceased people may be subject to cultural mourning practices in some Aboriginal and Torres Strait Islander communities. Where Bangarra becomes aware that a person whose name, voice or likeness is featured in Bangarra productions or business has passed away, it will consult with the relevant family to ensure protocols are upheld. Bangarra acknowledges that in some instances it will not be possible to remove all content related to the deceased person, such as where printed programs from previous shows have already been published and distributed.
In instances where Bangarra uses the image, voice or likeness of a deceased person in our production and or business, it will consult with the family and community and consider options to respectfully follow protocols such as including display, a warning notice or sign advising viewers, readers or attendees (where practical) that the work may feature the image, voice or name of deceased people.
7. Attribution
Bangarra recognises that Aboriginal and Torres Strait Islander peoples and communities have the right to be attributed or credited for the use of their ICIP. Bangarra consults to ensure that it attributes Indigenous custodians, knowledge holders and communities in accordance with their wishes (including correct wording, language/clan reference, and pronunciation) and may use a traditional custodian’s notice where appropriate. A traditional custodian’s notice advises a viewer or reader that the work contains ICIP and is being used with the consent of the traditional owners and that no further reuse is permitted.
Bangarra credits its Aboriginal and Torres Strait Islander Cultural Advisors and contributors in many ways, including acknowledgement in performance programs and cast sheets, Bangarra website and social media, recordings, and where possible, during interviews or public forums and in the media.
8. Benefit of sharing
Bangarra acknowledges the right of Aboriginal and Torres Strait Islander peoples to share in the benefits for use of their ICIP. Benefits can be monetary (fees, royalties) or non-monetary but should always be relevant and useful for the cultural knowledge holder and the source community.
Bangarra pays Cultural Advisors and Indigenous artists for their services in advising and contributing content to projects. Benefit sharing will be discussed upfront and agreed upon as part of the engagement and consent process.
Bangarra has worked to develop a cultural exchange of knowledge, skill and art over its many years. Bangarra understands that relationships between Aboriginal and Torres Strait Islanders and non-Aboriginal and Torres Strait Islanders are important, and that we have a responsibility to facilitate cultural exchange through our company’s performances and activities.
Bangarra offers the opportunity for Aboriginal and Torres Strait Islander Dancers across Australia to work as professional Dancers with the company. In addition to Dancers, Bangarra also works with Aboriginal and Torres Strait Islander Choreographers, Artists, Musicians, and Designers (Set, Costume, Lighting) and other cultural and artistic practitioners to create immersive cultural performances and experiences. Bangarra facilitates the careers of emerging and leading artists and is committed to supporting and nurturing the Bangarra clan, through its many programs including: Russell Page Fellowship, David Page Fellowship, Indigenous Production Traineeship, Indigenous Staff Professional Development Fund, Dance Clan, Teaching Artists, Mentorships, Safe Dance Program and our Indigenous Employment Strategy.
As part of Bangarra’s Return to Country initiative, Bangarra organises a free community performance to share its artistic vision with the communities that have shared their cultural knowledge. Alongside any performance season, Bangarra facilitates youth workshops and cultural exchange activities.
YOUTH PROGRAMS
The program re-connects Indigenous youth with local Elders. Over a series of visits, and an engagement period of three years per location, participants explore stories from Land and community and choreograph a dance work inspired by their Country. The program also provides inspiration for future opportunities and career aspirations in performing arts.
Access to arts and culture nurtures strong self-esteem, a sense of identity, and pride. Our programs have profound influence on a sense of kinship, belonging, and connection to community and Country. Furthermore, they highlight their role in enhancing practical skills and personal capabilities, such as storytelling, dance, cultural understanding, work ethic, and relationship building.
Our long-term engagement programs, ensure that all young people, regardless of their home circumstances, have equal opportunities for educational and enriching experiences.
9. Maintaining Aboriginal and Torres Strait Islander cultures
Bangarra acknowledges that it has a responsibility for maintaining Aboriginal and Torres Strait Islander cultures, and connections to Country for future generations. Bangarra promotes awareness and understanding of culture and connections to Country through sharing stories, history, and experiences, while on tour nationally, on Country, and internationally, including in New Zealand.
Bangarra actively support the transfer of skills in dance, art, song, language, and Story and encourages pride in Aboriginal and Torres Strait Islander identity. Bangarra has a strong culture of fostering this cultural exchange through our main company education workshops, in both regional and remote communities, as well as our youth programs. In 2013, Bangarra launched its youth programs to inspire and develop the next generation of Aboriginal and Torres Strait Islander storytellers and dancers. Our flagship program, called Rekindling is an intensive dance based program and residency for secondary students exploring ‘who you are’ and ‘where you come from’. The participants research and gather stories with the help and guidance from Elders within their communities, to develop dance, performance and creative skills to produce dance theatre in collaboration with local Elders. The program is designed to maintain culture by way of a cultural exchange, with Bangarra sharing its skills and knowledge, which were passed on to us by our Aboriginal and Torres Strait Islander contributors. As its name suggests this program also aims to rekindle culture for participants who may be disconnected from it. This is heavily reliant on community involvement, including Elders, who share local culture and stories which some of the participants may not otherwise experience.
10. Recognition and protection
Bangarra is committed to following this Policy and future legislative developments, which recognise and protect ICIP rights. Bangarra supports Creative Australia’s Protocols for using First Nations Cultural and Intellectual Property in the Arts and the United Nations Declaration on the Rights of Indigenous Peoples.
Bangarra recognises the rights of Aboriginal and Torres Strait Islander peoples to their cultural heritage. Bangarra will ensure that its contracts and agreements reinforce the principles in this Policy and make it clear that Bangarra does not own the ICIP which has been shared with us by our Aboriginal and Torres Strait Islander communities. This knowledge belongs to Aboriginal and Torres Strait Islander clans and communities, and Bangarra recognises that it has been permitted to use that ICIP with the consent of the community. Bangarra will commit funding, resources, and accountability strategies to support the proper implementation of this Policy.
Implementation
Adoption and use of Policy
Bangarra’s Board has approved this ICIP Policy. This Policy and its ICIP Framework form the working guidelines for Bangarra in its interaction with ICIP and Aboriginal and Torres Strait Islander people and communities. All Bangarra staff members are obliged to act in accordance with this Policy.
This Policy is incorporated by reference into Bangarra’s suite of contracts to ensure that its partners and collaborators, uphold the ICIP framework and recognise ICIP rights of Aboriginal and Torres Strait Islander people and communities.
Updated August 2024