Summary of Good Practice Recommendations

Organisations and individuals, including 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

• 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 in 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 type and structure

First Nations artists have 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 any engagements or 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 arrangements if required 

• fees payable to the artist and method of payment

• timelines 

• ICIP arrangements, including consent, integrity, attribution, benefit-sharing and protection