6. Indigenous Knowledge
What is Indigenous Knowledge?
Indigenous Cultural and Intellectual Property (ICIP) refers to the rights that Indigenous peoples have in relation to all aspects of their heritage, knowledge and cultural expressions.
IP Australia’s What is Indigenous Knowledge (YouTube, 1m) explains what it means in Australia:
Using Indigenous Knowledge
If your idea uses traditional knowledge or cultural expressions from an Aboriginal or Torres Strait Islander person, community or nation you should ensure that you do it in a way that recognises, respects and protects Indigenous Knowledge.
IP Australia’s Indigenous Knowledge IP Hub explains the things you need to consider if you are drawing on Indigenous Knowledge, including:
- Control – Aboriginal and Torres Strait Islander people should have control over who uses their Indigenous Knowledge and how it is used.
- Protection – Aboriginal and Torres Strait Islander people aim to prevent unauthorised use of their knowledge.
- Recognition – It is important to recognise Aboriginal and Torres Strait Islander people as the owners of their Indigenous Knowledge.
- Respect – All aspects of Indigenous Knowledge should be handled respectfully.
The Aboriginal flag and copyright
The Aboriginal flag was created by Harold Thomas, a Luritja man, for a national Indigenous day in July 1971. In 2022, Harold Thomas transferred the copyright to the Commonweath of Australia. Mr Thomas will retain moral rights over the flag.
Under the 2022 agreement, individuals do not need to ask permission or pay a fee for personal use of the Aboriginal flag, such as making their own flag or including the flag on a website. However, commercial production of the flag remains with Flagworld who are exclusively licensed to manufacture and provide Aboriginal flags.
Aboriginal Flag Debate – Behind the News (YouTube, 3m53s) explains the situation prior to 2022:
There was controversy surrounding the rights to reproduce the flag. Mr Thomas had granted the rights to three companies:
- WAM Clothing to reproduce the flag on clothing. WAM Clothing also extended their exclusive licence to include physical and digital media.
- Gifts Mate for the right to reproduce the flag on merchandise;
- Flagworld for the right to produce the Aboriginal flag as a flag.
Due to these licensing agreements, anyone wishing to use the flag on clothing, merchandise, or in email signatures or on a website, had to get permission from the licence holder.
In 2019, two Aboriginal-owned clothing businesses received cease and desist letters from WAM Clothing, demanding that they stop using the Aboriginal flag on their merchandise because it violates WAM’s exclusive licence agreement. The NRL, Cricket Australia and the AFL also received the same notices over the use of the flag on clothing.
Thomas famously refused to give permission for Google to reproduce the flag as part of a Google Doodle that would have been used on January 26, 2010.
The Torres Strait Islander flag
The Torres Strait Islander flag is also under copyright. The Torres Strait Island Regional Council are happy to grant permission in writing, prior to its use, as long as certain conditions are met, such as the creator of the flag is acknowledged.
