Indigenous Cultural and Intellectual Property (ICIP) refers to the rights that First Nations people have, and want to have, to protect their traditional arts, heritage and culture, including communally owned cultural practices, traditional knowledge, and resources and knowledge systems developed by First Nations people as part of their First Nations identity.

Solid Lines projects will comply with this ICIP Policy.

Projects incorporating any ICIP into works such as (but not limited to) traditional and digital illustration, any further applications of traditional and digital illustration, and any other mediums yet to be created, may only be conducted if there is a written agreement in place with the relevant artist in relation to that project.

Artists participating in or assisting with any such projects must be provided with clear information in Plain English and (if reasonably necessary) in their traditional language about:

• the purpose (including the reason for the project);
• the scope of the project (including the range and extent of work to be carried out and the specific part or parts of the work to be carried out by the artist);
• who will have access to the products or outputs of the project;
• how any information collected during the project will be used and where it will be kept (including what steps will be taken to protect the security or privacy of the information in the project);
• whether the artists will be identified in any resources resulting from the project (and what information about them will be identified or identifiable);
• the nature of the project (including the medium and subject of the project, where artwork will be displayed, who else is involved in the project and who the client is); and
• any identifiable and foreseeable risks of participating in the project, including (but not limited to) risk to physical or mental health, reputational risk, financial risk, risk relating to compliance with laws or regulations, and security risk (including any risks to personal and other confidential information).

Artists have the following rights in relation to a project:

• the right to protect traditional knowledge and sacred cultural material. Without limiting this right, the artist may under this right: limit or refuse use, direct, guide and supervise use, and seek and implement guidance from cultural knowledge holders regarding use of the traditional knowledge and sacred cultural material. This right is subject to any agreement reached between the artist, Solid Lines and the project client regarding the specific protections to be applied in a project, with agreement to be reached prior to commencement of the project;

• the right to ensure that traditional laws and customary obligations are respected, particularly when money is made from ICIP. This right is subject to any agreement reached between the artist, Solid Lines and the project client regarding the application of traditional laws and customary obligations to a project, with agreement to be reached prior to commencement of the project. Without limiting this right, examples include:

  • when artwork is displayed, the artist may direct that particular words must not be included in the description of the artwork;
  • if artwork contains an image or voice of a person who has died, the artist may direct that (for such time period as is required under traditional laws and/or customs, and if it is possible to do so) the artwork is removed from display or altered, or that the person’s name is not published;
  • the artist may direct that an artwork can only be displayed in a place permitted under traditional laws and/or customs, or alternately may direct that an artwork must not be displayed in a place where such display would be forbidden under those laws and/or customs.

• the right to be paid for use of ICIP, particularly if it has been used in a way which is inconsistent with traditional laws or without the community’s permission. This right includes (but is not limited to):

  • the right to have the value of ICIP considered in discussions regarding price setting for an artist’s work prior to commencement of a project and
  • the right to an appropriate payment if ICIP is used without the artist and/or the community’s permission;