White interference, bad collaborations and new norms in Indigenous art: Can intellectual property law reforms fix this?

Abstract

Indigenous art has had longstanding issues with Australian copyright law, including the issue of collaborations in Indigenous art. In 2023, a related issue concerning allegations of ‘white interference’ surfaced. Those allegations highlighted the problem of forming ethical collaborations in the Indigenous arts industry relying on existing law. Partnerships between Indigenous and non-Indigenous people to produce art have also been validly made leading to collaborations known as the ‘new norm'. This article explores white interference, bad collaborations, and new norms in Indigenous art. It analyses existing legal protections and those proposed by IP Australia, the Productivity Commission, and a Parliamentary Standing Committee aimed at protecting communal Indigenous Knowledge and the rights of Indigenous artists.