Copyright and protection of deposited or donated material

The Aboriginal and Torres Strait Islander Studies Act 1989 external recognises the right of Indigenous communities to decide how their knowledge is used. 

Such provisions are generally not provided for by the Copyright Act 1968. Under Australian copyright law, the creator of an audiovisual object, or the creator’s funding body, is the sole owner of that object. Copyright does not protect ideas, concepts, styles, techniques or information which is not recorded in a material form. Nor does it protect people or their images. 

Part 10, Section 41(2) of the Act seeks to protect the moral rights of Indigenous Australians. It prohibits the dissemination of secret/sacred or personal material and encourages consultation at all levels. 

However, Part 10, Section 41(1), while designed to protect secret/sacred and personal material from inappropriate dissemination, has allowed copyright owners, many of whom are non-Indigenous, to place restrictions on material for other reasons, such as pending publication. Such restrictions are contrary to AIATSIS’ mission. Materials restricted for reasons other than their secret/sacred or personal content may no longer accepted into the collection.

Audiovisual materials

The period of copyright protection for audiovisual materials varies according to the type of material, the year of creation, and whether or not the item is published.  Individual agreements with copyright owners and the provisions of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 are perpetual. 

When providing access to its collections, AIATSIS staff first refer to existing agreements with individual copyright owners.  If no such agreement is in place, copyright law must be observed, but access will only be provided in accordance with the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 and the AIATSIS Audiovisual Archive Code of Ethics. 

Before issuing copies of material, clients must obtain the necessary permissions from copyright owners. Copyright permissions must be obtained in writing with the signature of the relevant copyright owner. If materials are to be published, community consultation is also required.

Every effort will be made to ensure that material restricted for reasons other than its secret/sacred or personal content is available to members of the originating community.  If possible, conditions of access will be renegotiated or exemptions obtained from copyright owners on a case by case basis.

Print materials

Access conditions for unpublished manuscripts are noted in the catalogue records on Mura®. Procedures for each document are in place for clients to request access to restricted items. Library staff will provide information about requesting access to restricted access items.

Under Section 41(2) of the Act

The Institute or the Council shall not disclose information or other matter held by it (...) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.

The Library acknowledges its duty to communities under Section 41(2). The wishes of the depositor in regard to access can only be overridden by a subpoena or under some other legal instrument. Failure to uphold the wishes of the depositor would open the Institute to potential action by the depositor or their estate.

All print items in the collection are allocated an Access condition which is indicated in the item record in Mura. Access to restricted print materials is categorised thus:

There are frequently two separate forms of access:- use i.e. reading and note taking ; and copying or quoting.You will need to ensure you have the correct permissions to cover whatever you need to do. AIATSIS librarians can advise on the procedures for requesting access to restricted items.