Indigenous Cultural and Intellectual Property (ICIP)

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.

The University is committed to fostering a culture of value and respect for Indigenous people, cultures, worldviews, histories and experiences. To this end, the University has created its ICIP Protocol to assist with respectful engagement with Indigenous peoples and communities and their ICIP, in all aspects of the University's projects and activities. The Protocol is intended to give staff, students and the University's partners and collaborators the confidence to navigate ICIP issues with respect and care.

Accompanying the Protocol is a Community Guide that explains key legal issues and questions for communities to ask. It also includes tips and tools to help protect ICIP and has information on copyright, ownership and control of materials containing ICIP.

The table below highlights the main differences between copyright and ICIP. The Copyright Advisor is able to provide guidance if you have questions around use of ICIP in your research.

 CopyrightICIP
Ownership Copyright looks for an individual author or creator (or ‘joint owners’ when the material is created by more than one person). ICIP is collectively owned (by groups, families) and contributed to by many as it is maintained, developed, and passed down through generations.
Material form Copyright laws only protect material forms of expression (i.e., text or artwork), which means only the words or images in a work are protected. ICIP can be tangible or intangible - it is often shared orally or by performance. ICIP includes knowledge/information (e.g., knowledge of the uses of plants).
Rights Copyright laws are designed to give creators (or copyright owners) economic rights. Moral rights are also recognised in Australian legislation. Cultural rights and customary laws apply to the use of ICIP.
Management Copyright laws allow you to give away, transfer, or sell your copyright ownership. Indigenous Custodians have a responsibility to manage and protect ICIP in accordance with customary law or cultural protocol.
Duration of protection Copyright laws protect creations for a limited period of time (e.g., 70 years after the death of the creator). ICIP rights are perpetual. Indigenous communities have an ongoing connection to ICIP, which may have been in existence for thousands of years (e.g., songs, stories, rock art, cultural practices).