ICIP protections, rights and control over work
Indigenous Cultural and Intellectual Property (ICIP) protections were identified as a critical priority.
First Nations artists frequently experience limited control over how their work is used, priced and contextualised. Participants described situations where non-Indigenous coordinators, managers and commissioners override community authority structures, direct cultural outcomes, or retain disproportionate control over projects involving First Nations cultural material.
Independent artists outside art centre networks were identified as being particularly under-supported, with many lacking access to legal advice, advocacy, contracts, business support and clear information about rights and protections.
Forthcoming ICIP legislation will be ineffective without substantial accompanying infrastructure.
Participants stressed that forthcoming ICIP legislation must include meaningful enforcement mechanisms and consequences for breaches, without requiring artists and communities to undertake expensive or inaccessible legal action themselves.
There was also strong support for increased investment in plain-language resources, community education, advocacy and sector-wide training to ensure both First Nations and non-Indigenous arts workers understand their responsibilities and rights.
The importance of expanding support for organisations already undertaking this work was noted, including the Indigenous Art Code, Arts Law Centre of Australia and other sector advocacy and advisory services including NAVA.
AI was identified across multiple groups as an urgent and growing threat to ICIP, with First Nations cultural material at risk of being ingested, reproduced and commercialised without consent or benefit to communities.
Participants raised concerns about AI systems reproducing First Nations artistic styles, cultural material and knowledge systems without appropriate safeguards, accountability or consent processes. Existing legal and policy frameworks were seen as inadequate to address these risks.
There were calls for stronger protections governing the scraping, training and reproduction of First Nations cultural material, alongside greater transparency and regulation around AI systems.
Participants also identified the need for community education around AI, culturally appropriate archiving systems, and stronger protections preventing First Nations cultural material from being used in AI training datasets without consent.