Cultural protocol

A. Background

1. About Indigital‍

Indigital Pty Ltd (‘Indigital) is a company started by Mikaela Jade, which combines innovative digital tools and Indigenous cultural heritage. Indigital works with Indigenous people and communities to develop usable and culturally respectful augmented and mixed reality products. For more information on Indigital visit our website www.Indigital.net.au.

2. About Indigenous cultural heritage

Indigenous cultural heritage refers to all aspects of Indigenous cultural and intellectual property. It includes traditional knowledge, traditional cultural expressions, as well as sites, objects and remains.

Traditional Knowledge is the aspect of cultural heritage which deals with information and understanding of Indigenous people relating to culture, lands and heritage, including history, religion and languages.

Traditional Cultural Expressions are expressions of Indigenous culture and include paintings and designs, stories, rituals, ceremonies and dance.

3. The purpose of the protocols

The purpose of these Protocols is:

1. To guide Indigital as it consults and collaborates with Indigenous participants in the making of its products, and
2. To show Indigenous participants how Indigital will work with them, and use their cultural stories and knowledge as part of its products.

B. Protocols and principles

Indigital will engage with Indigenous people in its business, keeping in mind at all times the following underlying principles and protocols.

1. Respect & Recognition of Indigenous rights to Cultural Heritage

Indigital recognises and respects the rights of Indigenous peoples to their cultural heritage. It acknowledges that these rights come from cultural laws and practices and are reaffirmed under Article 31 of the United Nations Declaration of the Rights of Indigenous People which affirms that Indigenous people have the right to own, control and maintain their cultural heritage. Cultural heritage refers to all aspects of traditional knowledge and traditional cultural expression of Indigenous people.

Indigital aims to work with Indigenous Peoples’ and culture across the world on projects to create and deliver its cultural products. These Indigenous people and communities are referred to in this Protocol as Indigenous contributors.

Indigital wants to make sure that it respects the local cultural protocols of its Indigenous contributors. Where Indigital is advised of these local protocols it will respectfully follow those protocols as far as possible in the circumstances.

Indigital will not knowingly use or refer to any cultural heritage which is secret or sacred without the prior informed consent of the traditional owners of that knowledge.

2. Consultation and Participation

Indigital recognises Indigenous peoples’ right to self-determination. It strives to engage and consult with Indigenous people so that contributors have an active role in shaping the interpretation of their culture. To achieve this, Indigital consults and engages with Indigenous people and communities to encourage participation in its projects.

Consultation means giving contributors all available information to make a decision on involvement in a project. Indigital will use its best efforts to provide full and reliable information to contributors so that they can make an informed decision about their involvement. Indigital understands that these consultations can take time and it will engage with Indigenous people in a culturally appropriate and respectful manner.

Indigital will consider how Indigenous contributors can be involved in other stages of its product development, which may include:

1. Asking Indigenous contributors to review use of their contributions in Indigital products before the products are finalised
2. Asking Indigenous contributors to give feedback on beta or test versions of Indigital products
3. Advising on the relevance and significance of use of cultural heritage in Indigital products, including context and distribution issues
4. Inviting Indigenous contributors to key events or meetings where the contributor has been involved in a project.

3. Prior Informed Consent

Indigital will use its best efforts to get the prior informed consent of Indigenous contributors and authorised community representatives when cultural heritage is used in Indigital’s products. This will include consent from:

1. Community representatives (whether community organisations or persons of authority) of traditional owners of stories, art or other aspects of cultural heritage included in or referenced in Indigital’s products;
2. Individuals or communities who are directly involved with Indigital’s products, such as artists whose works are featured in a product.
3. Contributors being photographed, filmed (video and/or audio) to clear the necessary cultural and copyright rights from the relevant recordings.

To obtain prior informed consent, Indigital will give as much information about the project as possible, so that an Indigenous contributor can make an informed decision about whether they are happy for Indigital to use aspects of cultural heritage in the proposed ways. Indigital will provide information on the types of cultural heritage to be used in a product, how the heritage will be used and who will see it, and what benefits will be available. The information may be provided digitally (such as via email or skype or media presentation), over the phone, in person or in any way as agreed in the circumstances.

Indigital has developed the Indigital Consent Form which Indigenous contributors will be asked to sign giving their consent to be part of Indigital’s projects and products. This form covers cultural permissions necessary to use traditional knowledge and traditional cultural expressions, as well as dealing with intellectual property rights.

Prior informed consent will be taken to have been given when the Indigital Consent Form has been signed by the Indigenous contributor. In some limited special circumstances Indigital may accept other forms of consent. This exception does not apply to anyone who is being photographed, recorded or filmed, or to anyone sharing their copyright material with Indigital.

Once prior informed consent has been given, Indigital will assume it has the ongoing consent of that person, unless advised otherwise.

If any person or Indigenous contributor has a concern with Indigital’s use of cultural heritage, they should contact Indigital to discuss their concerns. Indigital will act in good faith to try and resolve genuine complaints.

4. Rewards & Benefits

Indigital acknowledges that Indigenous peoples have a right to benefit from the use of their culture, stories and knowledge.

As a new business, Indigital is developing its benefit sharing arrangements for the use cultural heritage and the participation of individuals. When inviting people to share their cultural heritage with Indigital, the benefits available for each project will be clearly explained.

Benefits may include payment for time and sharing knowledge, royalties from sales of products which use cultural heritage, assignment of copyright back to people recorded sharing their knowledge, free access to or copies of Indigital products and access to raw footage captured by Indigital. Benefits may also include invitations to key events and launches for Indigital products, media opportunities (such as conferences, gallery or speaking opportunities), travel to events, exhibitions and involvement in innovative projects.

Indigital considers that the projects it works on also have long term rewards and benefits for Indigenous people across the world. By combining new technologies with cultural heritage, Indigital is creating tools for Indigenous people to re-engage with their culture and to share their culture with others.

5. Attribution & Acknowledgment

Indigital acknowledges the rights of Indigenous people and communities to be credited for the use of their cultural heritage.

All Indigenous contributors and communities involved in Indigital products will be acknowledged by Indigital.

Indigital will name all individual creators or artists involved in its products. This credit will be cleared with the individual contributors and Indigital agrees that it will respect the wishes of contributors who do not wish to be named.

Indigital will also attribute the community, clan or family which owns cultural heritage being used in its products, in accordance with the instructions given to it from its Indigenous contributors.

Depending on the type of product, the attribution for Indigenous contributors and communities may take different forms. Indigital will consult with contributors to ensure they are satisfied with the type of credit given in each product.

Indigital may also work with its contributors to create or use biographies, including photographs of contributors to promote their involvement with Indigital. The use of those biographies and images will be subject to the consent of the person involved and any copyright owners.

Indigital will also publish on its website a notice which identifies to that its products contain cultural heritage which has been given to Indigital with permission and that any further use of that cultural heritage by visitors the website or users of its products must be cleared with the Indigenous custodians.

6. Death Protocol

Indigital acknowledges that some Indigenous people and communities have protocols around the use of images and names of deceased people. If Indigital is advised or becomes aware that an Indigenous contributor has passed away and a death protocol applies to the continuing use of their image and name, it will consult with the relevant family or kinship group of that person to determine how that protocol can be respected in the circumstances.

In some circumstances it may not be possible to remove references to a person where products have already been made publicly available.