Article on Artist Worlds and Indigenous Cultures for The Brooklyn Rail Magazine
Image: Bilbie XRLabs, Virtual Songlines image stills. Courtesy Bilbie XRLabs.
Guest Work Agency Director, Alana Kushnir recently contributed an article to the September 2023 issue of The Brooklyn Rail, exploring the legal complexities of Indigenous Cultural and Intellectual Property (ICIP) and cultural lore as it relates to artist-led world-building projects.
The article, ‘Artists Worlds and Indigenous Cultures: How Expanding Notions of Intellectual Property are Changing the Game,’ maps the current landscape of discourse into world-building projects that are based on, or inspired by, real areas of land and the cultural implications for First Nations communities. The article also explores artistic world-building projects that are playing an important role in educating audiences on First Nations communities’ connection to Country, such as ‘Virtual Songlines’ by Bilbie XR Labs. In addition, the article outlines the new Australian Government’s Creative Australia policy, which aims to protect Indigenous Cultural and Intellectual Property Rights through dedicated legislation.
INDIGENOUS CULTURAL AND INTELLECTUAL PROPERTY (ICIP)
As the article outlines, “ICIP, otherwise known as traditional cultural expressions by the World Intellectual Property Organisation (WIPO) are “the forms in which traditional culture is expressed; [they] form part of the identity and heritage of a traditional or Indigenous community; [and] are passed down from generation to generation.” ICIP can be dances, songs, handicraft, designs, ceremonies, tales, and many other artistic or cultural expressions. Importantly, ICIP is a live form of expression that is linked to the principle of self-determination for First Nations communities today.”
The article investigates the various ways in which ICIP has the potential to expand our understanding of the legally prescribed definitions of intellectual property, and the possibility to positively influence further legislation that affects indigenous communities in Australian and internationally.
THE BROOKLYN RAIL
The Brooklyn Rail is an independent art, culture and politics journal, based in New York City. Founded in 2000, and now published 10 times annually, the Brooklyn Rail features local reporting; criticism of music, dance, film, and theater; and original fiction and poetry, and covers contemporary visual art in particular depth.
In an effort to democratise their arts coverage, the Critics Page, where Alana Kushnir’s article can be found, operates with a rotating editorship. The September 2023 Critics Page was edited by interdisciplinary arts lawyer and art historian Yayoi Shionoiri, with a particular focus on the intersection of art and the law. Other contributors to the Critics Page include art lawyers Sarah Conley Odenkirk, Megan Noh, Melissa Passman and Ryan Su, artists Jill Magid, Jonas Lund, Roopa Vasudevan and art collective Alchemyverse.
Read the full article and the rest of the September 2023 Issue, here.
Guest Work Agency is a boutique art law and advisory firm based in Melbourne, but international in reach. It is Australia's first dedicated art law practice, working with artists, collectors, galleries, arts organisations, art fairs and art tech start-ups.
For more information contact us at info@guestworkagency.art