Legal resources for language programs
First Languages Australia and partner organisations have developed a range of legal tools and resources to support language work, and have included some information about key legal issues that may come up when working with languages.
Arts Law Template Agreements
Arts Law has worked with First Languages Australia to develop best practice template agreements for language centres to use when contracting with contributors, communities and purchasers.
The Copyright Licence – Language Resource is to be used when an Indigenous language centre wishes to licence the use of a language resource to a third party.
The Commission Agreement – Language Resource is to be used when a person or organisation wishes to commission an Indigenous language centre to develop a language resource.
The Copyright Licence Between Language Centre and Creator is to be used when an Indigenous language centre and an author, artist or other creator agree to the development of a resource.
First Languages Australia provides language centres with an annual subscription to Arts Law, which includes access to the above templates. If your language centre has not yet downloaded these templates, please contact Arts Law for your access code.
Template Agreements for Working with Schools
The Queensland Department of Education have developed an Indigenous Cultural and Intellectual Property Protocol and a series of templates which can be used when developing and teaching an Aboriginal language program or Torres Strait Islander language program in schools in Queensland.
The Northern Territory Department of Education and Training have developed a series of templates which can be used when teaching Indigenous Languages and Cultures in schools in the Northern Territory.
Indigenous Cultural and Intellectual Property (ICIP)
Indigenous Cultural and Intellectual Property (ICIP) refers to the rights of Indigenous peoples over their cultural heritage. This includes traditional knowledge, traditional cultural expressions, performances, cultural objects, ancestral remains and genetic materials, secret and sacred material and information, and documentation of heritage and histories.
ICIP rights are recognised by a number of Articles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including Article 13.1 and Article 31. The Australian Human Rights Commission have created The Community Guide to the UN Declaration on the Rights of Indigenous Peoples which helps to explain how UNDRIP works.
Terri Janke and Company First Languages, Law & Governance Guide
Terri Janke and Company have developed a First Languages, Law & Governance Guide, which is intended to assist language centres to manage the legal and governance challenges of working on Indigenous language projects.
The guide focuses on three aspects of running a language centre:
Good governance practices in relation to Intellectual Property and ICIP
Managing and protecting rights and culture through law and contracts
Strategic use of Intellectual Property to prevent Traditional Knowledge from being misused.
Image credit: Australian Human Rights Commission
ICIP rights are recognised by a number of Articles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including Article 13.1 and Article 31. The Australian Human Rights Commission have created The Community Guide to the UN Declaration on the Rights of Indigenous Peoples which helps to explain how UNDRIP works.
ICIP rights are not currently recognised by the Australian legal system. However, there are some existing Australian laws that can be used to protect ICIP. Arts Law have prepared an information sheet which provides more details about ICIP and how it can be protected in Australia.
Image credit: Terri Janke and Company Pty Ltd
Legal advice
There are community legal centres and law firms that can provide legal advice on issues relating to copyright, contracts, intellectual property and ICIP.
Terri Janke and Company is an Indigenous owned law firm, specialising in ICIP.
Arts Law is a national community legal centre for the arts and can provide legal services to individuals and organisations working with languages. First Languages Australia provides language centres with an annual subscription to Arts Law, which includes access to free legal services and templates. An overview of these services is provided in the following video.
Additional Resources
Arts Law have prepared a series of information sheets which provide information about legal issues that language centres may face, including:
The Arts Law YouTube Channel has videos which share information about copyright, intellectual property and ICIP and the arts.
The Arts Law Podcast series explores legal issues related to copyright, intellectual property and ICIP and the arts.
Terri Janke and Company have created a number of resources and workshops that relate to copyright, intellectual property and ICIP.
The information and resources on this page should not be considered legal advice. First Languages Australia does not accept any responsibility for any loss or damage resulting from any error in this information or use of this work.