Hot Topis
Terri Janke on the cover of ABM...
a new and unique business magazine.... see a preview on facebook... https://www.facebook.com/abmmagazine
 top
The National Australia Bank (NAB) interviews Terri Janke...
http://www.youtube.com/watch?v=fmRoEi7Mqos
top
Terri Janke is NAIDOC Person of the Year 2011
photo courtesy Wayne Quilliam and www.naidoc.org.au
NAIDOC stands for the National Aborigines and Islanders Day Observance Committee. Its origins can be traced to the emergence of Aboriginal groups in the 1920s which sought to increase awareness in the wider community of the status and treatment of Indigenous Australians. NAIDOC is an annual celebration of Aboriginal and Torres Strait Islander cultures and an opportunity to recognise the contributions of Indigenous Australians in various fields.
Terri Janke, 2011 NAIDOC Person of the Year, with Andrew Pitt and John Paul Janke, photo courtesy Dr Anita Heiss
top
The Mabo Oration 2011
Terri Janke delivered, 'Follow the Stars: Indigenous Culture, Knowledge and Intellectual Property Rights' at The Mabo Oration, Sunday 3rd July 2011, Brisbane (download poster pdf 1.3mb).
top
Terri Janke and Company Pty Ltd is...
top
Women's Words
Karen Phillips presents a profile of Terri Janke: the connector (2pg pdf 651kb) in the book,Women's Words of wisdom, power & passion. The book, which includes profiles of 50 influential achievers, is available online at www.womenswords.com
top
Connect 2010
November 2010
Connect 2010 -
The AIMSC Business Opportunity Fair and Conference, Sydney.
Terri Janke and Company hosted a Trade Booth at this highly successful event.
More info at www.aimscconnect.com.au
top
Australian Indigenous Minority Supplier Council (AIMSC)
Terri Janke and Company is an officially Certified Supplier of the Australian Indigenous Minority Supplier Council (AIMSC). AIMSC was launched in 2009 and is a membership body for Australian companies and government departments. AIMSC is a not-for profit company, funded by the Australian Government Department of Education, Employment and Workplace Relations (DEEWR) as well as Industry & Investment NSW. AIMSC aims to provide corporate Australia and government agencies with a tangible way to engage with Indigenous suppliers on a business level promoting commercial development for both members and suppliers.
AIMSC certified suppliers must be majority owned, controlled and managed by Indigenous Australians. (Terri Janke and Company Pty Ltd is 100% Indigenous owned and controlled) AIMSC certified supplier status provides Indigenous-owned companies with greater opportunities to compete for business in the corporate and government sectors.
AIMSC’s mission is to contribute to the creation of a sustainable, vibrant and prosperous Indigenous enterprise sector in Australia. Its members are some of Australia's largest organisations including the Commonwealth Bank of Australia, KPMG and Corporate Express. AIMSC members also include public and private Australian companies and partnerships ,franchises ,local, state and Australian government agencies and councils.
www.aimsc.org.au
top
A Business Toolkit for Indigenous Women
May 2010
Starting out in business?
The Business Toolkit for Indigenous Women (5.6mb pdf) is produced following a recommendation from the National Aboriginal and Torres Strait Islander Women's Gathering (NATSIWG). Published on the website of the Department of Families, Housing, Community Service and Indigenous Affairs (FaHCSIA) the Toolkit includes Terri Janke’s extensive tips on how to start and a run a business. Running her own business since 2000, Terri has a lot to offer. More info www.fahcsia.gov.au
top
Intellectual property issues and arts festivals: Preparing for the 11th Festival of Pacific Arts, Solomon Islands 2012
In 2012 the 11th Festival of Pacific Arts will be held in the Solomon Islands. The Festival presents a valuable opportunity for Pacific peoples to display and share their rich and diverse cultures. The Festival also offers an important opportunity for Pacific peoples to generate economic and other benefits from their cultures. However the public display of culture without an active intellectual property management system may leave traditional knowledge and cultural expressions, (including sensitive and sacred material) open to exploitation and misuse. In 2009, Terri Janke travelled to the Solomon Islands as part of a WIPO Scoping mission to investigate and report on cultural and intellectual property issues and management options for the Festival.
A copy of the report can be downloaded from the World Intellectual Property Organization (WIPO) website- http://www.wipo.int/tk/en/
top
Show me the way
June 2010
www.showmetheway.org.au is a website with a vision to empower young Aboriginal people to make their own life choices. It seeks to engage, inspire, enable and empower. Terri Janke shares the story of how she came to establish her law firm, on Share your story
top
Lawyers Weekly
May 2010
www.lawyersweekly.com.au profiles Terri Janke and Company, discusses the agreements the company often prepares and touches on the passion behind the day-to-day work of a law firm. Read the full firm profile.
top
Indigenous Economic Development (IED) Forum
October 2009
The 4th Indigenous Economic Development (IED) Forum, ‘Developing Our Future Together’, was held on 6-7 October 2009 at the Alice Springs Convention Centre. The Forum focused on ways to build, support and strengthen Indigenous business partnerships and develop the capacity of stakeholders to achieve sustainable economic activity throughout the Northern Territory. A highlight of the Forum was the launch of the Indigenous Economic Development Strategy 2009 – 2012 (pdf 6MB) by the Minister for Regional Development, Mr Karl Hampton MLA. The Forum was attended by over 300 delegates including small to medium business owner/operators, corporate organisations, and Municipal, State and Federal representatives. The program included an Indigenous Business Expo, keynote addresses, case studies and break-out sessions targeted at all levels of business, covering topics such as ‘Getting Started’, ‘Developing Small to Medium Enterprises’, ‘Business on Country’, ‘Commercial Partnerships’ and sessions for people working in Indigenous Economic Development generally.
Terri Janke delivered a keynote address at the Forum in which she explained the genesis of her interest in Indigenous and Cultural Intellectual Property (ICIP) and how this interest led her to develop her own business enterprise. She highlighted the importance of ICIP to Indigenous people, their communities and their cultural heritage, and discussed how ICIP laws and IP management plans can be used to protect ICIP. Terri also discussed the practical use of IP management tools and outlined recent international developments relevant to ICIP.
For a copy of Terri's address Managing Indigenous cultural and intellectual property in Indigenous business (23pg pdf of powerpoint presentation, 887KB) and a copy of Terri's paper Developing Our Future Together - Managing Indigenous Cultural and Intellectual property in Indigenous Business (18pg pdf, 545KB).
top
Codifying Culture: Indigenous Australian Art, Commercial Code of Conduct
August 2009
The Australian Indigenous art industry is in need of systematic change to prevent the occurrence of unethical trade practices. The Senate Standing Committee on Environment, Communications, Information Technology and the Arts Inquiry, into Australia’s Indigenous Visual Arts and Craft Sector in 2007, recommended the introduction of an Indigenous Australian Art Commercial Code of Conduct which would aim to set minimum national standards of trade. The Indigenous Australian Art Commercial Code of Conduct would set terms for best practice conduct which would be utilised in the negotiation of agreements between artists, agents and dealers. In this way, the regulation of sales relationships in the visual arts industry would encourage more ethical business practices that will protect the commercial interests, rights and integrity of artists and their communities.
In their article, Codifying Culture: Indigenous Australian Arts Commercial Code of Conduct, Lan Pham and Terri Janke examine the Indigenous Australian Art: Commercial Code of Conduct, the implications that it has for artists and address its shortfalls. The article appears in the July/August edition Issue 13 of the Indigenous Law bulletin.
For a copy of Codifying Culture: Indigenous Australian Arts Commercial Code of Conduct (6pg pdf 425KB)
top
Resale Royalty 2009
The Australian parliament is currently considering the introduction of a Resale Royalty Rights for Visual Artists Bill. The resale royalty right would entitle an artist (or the artist's heirs) to receive a proposed flat rate of 5% percent of the sale price if his or her work is resold for $1000 or more. The resale royalty will not apply the first time a work is sold. The scheme already operates in approximately 50 other countries.
Many Indigenous artists' artworks are resold for exponentially greater amounts. The resale royalty scheme, if introduced, should benefit Indigenous artists and their families. The right to the resale royalty will continue for 70 years following the death of the artist. However, a contentious issue with the Australian model is that the law will not be retrospective. As a result, only sales of artworks made after the date on which the law becomes effective can be considered ‘first sales’, irrespective of how many times the work had been sold previously. For example, consider a work such as Rover Thomas’ Bugaltji, Lissadell Country, which last sold for $660,000 in 2006. Under the proposed scheme, this work will not be subject to the resale royalty next time it is sold, as this will be considered the ‘first sale’. The resale royalty will only apply to the second and subsequent sales. Given the length of time it usually takes for a work to change hands, (estimated to be about twenty years on average), most artists are unlikely to benefit from the Resale Royalty in the foreseeable future.
There are also concerns that the art-market will not be welcoming of the additional five percent cost to artworks, and that difficulties will arise for transfers of ownership which are not commercial transactions.
The Resale Royalty is currently before the House of Representatives.
It is hoped that by 2010 the legislation will be passed and an administrative body set up to manage the collection of royalties. The scheme is to be reviewed after five years of operation and the definition of an artwork may be revised to extend the Royalty Right to more artists.
top
Pathways & Protocols - A filmmaker’s guide to working with Indigenous people, culture and concepts
May 2009
Terri Janke’s, Pathways & Protocols - A filmmaker’s guide to working with Indigenous people, culture and concepts (124pg pdf 992KB) provides a framework for the development and implementation of protocols used for film production. It is a reference guide which deals with legal and ethical issues surrounding the use of Indigenous content such as images and stories, protocols and interaction with Indigenous people, their communities and their land. Pathways & Protocols - A filmmaker’s guide to working with Indigenous people, culture and concepts highlights the need for protocols that promote recognition and respect of Indigenous cultural intellectual property, beliefs and heritage. It examines copyright and ownership issues pertaining to Indigenous material and offers general advice on the main laws in Australia governing the use and reproduction of songs, stories, dance, artistic works, sound recordings and films. The guide also provides a list of contacts for relevant people and information which may be useful to filmmakers. Pathways & Protocols A filmmaker’s guide to working with Indigenous people, culture and concepts encourages the development and adoption of protocols, ethical practices and industry standards to effectively maintain the integrity of Indigenous peoples and their cultures. The protocols were used by Baz Luhrman in the production of Australia. A copy of the protocols is available from Screen Australia. http://www.screenaustralia.gov.au/about_us/pub_indig_protocols.aspx
top
Beyond Guarding Ground
June 2009
Australia needs a new authority to promote and protect Indigenous cultural and intellectual property from being ripped off and exploited, according to Indigenous lawyer, Terri Janke.
In the position paper entitled, Beyond guarding ground a vision for a National Indigenous Cultural Authority, Ms Janke proposes the establishment of a National Indigenous Cultural Authority that would develop standards for the negotiated and appropriate use of Indigenous cultural and intellectual property.
“In the last four decades the value of and demand for Indigenous arts, cultural expression and knowledge has grown tremendously. The Aboriginal Art Market is valued at $300 million per year, traditional knowledge has applications in industries that range from tourism and entertainment through to the biotechnology industry”, Ms Janke said. “We need to consider how we can use collective systems to benefit Indigenous creators and communities, for use of their culture”.
The application of Indigenous cultural and intellectual property has potential markets in arts and culture, tourism, bush foods, medicines, health and beauty, and merchandising for a range of products including clothing, carpets and stationary. If Indigenous cultural and intellectual property rights are managed effectively , Indigenous people can benefit economically, socially, and culturally from increasing consumer desire for authentic Indigenous products and services. Using intellectual property tools, protocols and contracts in a coordinated and transparent way could generate economic and cultural benefits.
Ms Janke proposed a strong trade mark and branding system-like the Fair Trade logo-to endorse projects, goods and services which are made with fair trade through the sharing of benefits with Indigenous people.
“ There is no national independent organisation currently that represents Indigenous artists and creators. We need to make sure that culture is appropriately used, properly recompensed, that our Indigenous creators are valued and attributed, and also that our culture is not derogatorily used”.
For a pdf copy of, Beyond guarding ground a vision for a National Indigenous Cultural Authority, or contact the Australia Council’s ATSIAB, Phone: 02 9215 9118, Email: adoyle@australiacouncil.gov.au
top
Writing up Indigenous research: authorship, copyright and Indigenous knowledge systems - by Terri Janke
August 2009
Indigenous cultural and intellectual property rights are the rights to develop, disseminate, reproduce, maintain and adapt cultural and traditional knowledge. When recording traditional knowledge in to material form, it is important that these rights are recognised so that the integrity of that knowledge and the ways in which it is passed on is respectful to the owners of traditional knowledge. It is only in this way, that future generations will be able to trace back to the source knowledge holders and communities. Knowledge systems are integral to the cultural heritage of Indigenous people and the complex system of consents with which they are guarded must be considered in the research and writing related to them.
In this paper Terri Janke explains the intricate issues of copyright, old knowledge, authorship, sacred and secret material, and discusses the implications of modern research methods in relation to Indigenous traditional knowledge systems. Indigenous knowledge holders and their communities are entitled to be rightly attributed and have their knowledge and rights respected. The recognition of ICIP laws would empower Indigenous people and allow them to share in the benefits of their traditional knowledge. The shortfalls of copyright and Intellectual Property laws are discussed and Indigenous cultural protocols and University IP policies are examined as a means of developing modern research methods and acknowledging knowledge holders.
Click here for a copy of Writing Up Indigenous Research (26pg pdf 329KB).
top
City of Melbourne - Code of Practice
September 2007
The City of Melbourne launched the ‘Code of Practice for galleries and retailers of Indigenous art’ on 20 September 2007. The Code was initiated by Council’s Indigenous Arts Advisory Panel and written by Terri Janke. The Code promotes fair and open relationships between galleries and retailers and advocates for the use of written agreements. It also encourages the sale of authentic Indigenous art.
To download a copy of the Code visit www.melbourne.vic.gov.au/arts
top
Australian Indigenous Knowledge and Libraries
June 2007
An E-book covering Indigenous knowledge and libraries is available online. The book called Libraries and Indigenous Knowledge: A National Forum for Libraries, Archives and Information Services (edited by Martin Nakata and Marcia Langton in 2007) includes papers presented at the National Forum for Libraries in 2004. Terri Janke contributed a paper (see chapter 8).
Click here for a copy of the document
(pdf 1.7MB - via the UTS Library website)
top
Discussion Paper on Aboriginal Customary Laws
October 2006
The WA Law Reform Commission released a Report, Aboriginal Customary Law in 2006. The Background Paper on Indigenous cultural and intellectual property and customary law, written by Terri Janke and Robynne Quiggin is available.
Click here for a copy of the Background Papers (No.94)
top
Our Culture: Our Future Report (1999)
Our Culture: Our Future was written and researched by Ms Terri Janke, Solicitor (then employed by Michael Frankel & Company) under commission by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Aboriginal and Torres Strait Islander Commission (ATSIC) Report on Australian Indigenous Cultural and Intellectual Property Rights (ICIP). The Report was part of a process to develop practical reform proposals for the improved recognition and protection of Indigenous Cultural and Intellectual Property. It contains findings and recommendations developed out of extensive consultations with ATSIC's Reference Group and other interested parties and in light of feedback received as submissions to the Discussion Paper. It was released in 1999 but remains an important document for Indigenous Australian ICIP.
Click here for a copy of Our Culture: Our Future (pdf 2.5MB)
top
World Intellectual Property Organisation (WIPO): Minding Culture
15 March 2004
The World Intellectual Property Organization (WIPO) published a collection of practical case studies on the use of the intellectual property system by Indigenous communities in Australia written by Terri Janke.
The publication, entitled Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions, gives actual examples of how industrial designs, copyright and trademarks have been used by Indigenous Australian communities to protect and promote their artworks, cultures and identities, as well as their economic interests. The case studies point out where Indigenous people found existing systems useful and where they were found inadequate. The studies also suggest policy and practical measures that could improve the protection of traditional cultural expressions by intellectual property, and other laws.
The publication is a popular reference document used in the ongoing discussions of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).
For a copy of the final studies contact the World Intellectual Property Organisation or
Click here for a copy of the study (Acrobat pdf document, 761KB)
top
Misleading Labelling and Indigenous Art
The Trade Practices Act 1974 (Cth) makes it illegal for corporations to engage in misleading and deceptive conduct in the course of trade. These laws have been used to stop misleading labelling for Indigenous art products.
The Australian Competition and Consumer Commission (ACCC) is taking legal action against Australian Icon Products Pty Ltd (Australia Icon), a Queensland-based souvenir manufacturer under section 52 of the Trade Practices Act 1974 (Cth). Under this section, it is illegal for corporations to engage in conduct, in the course of trade or commerce, that is "misleading and deceptive or which is likely to mislead or deceive."
Australian Icon makes a range of hand painted and carved products including didgeridoos, boomerangs and plates bearing "Aboriginal" designs. Some of these designs are made by Aboriginal people and others are not.
The ACCC was granted interim orders on 4 April 2003 to prevent Australian Icon from describing a product as "Aboriginal art" or "authentic" if it is not created by a person of Aboriginal descent. The case is going to trial and the ACCC is seeking to require Australian Icon to implement a trade practices compliance program.
top
WIPO IGC on Traditional Knowledge
The World Intellectual Property Organisation (WIPO) has established an international committee to examine the intellectual property issues associated with traditional knowledge.
The Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore will discuss the issues that arise in relation to:
- access to genetic resources and benefit sharing
- the protection of traditional knowledge, innovations and creativity; and
- the protection of expressions of folklore.
The IGC has also considered the WIPO-commissioned Minding Culture Case Studies on Intellectual Property and Traditional Cultural Expressions researched and written by Terri Janke. Minding Culture presents specific and actual examples where Indigenous Australians have explored and used intellectual property laws to protect their arts and cultural expression.
Click here to view Minding Culture
|top
Protecting Traditional Knowledge in the Pacific
September 2002
A new model law to protect traditional knowledge in the Pacific provides a blueprint for Pacific nations wanting to enshrine "traditional cultural rights" in national legislation.
Drafting of the Pacific Regional Framework for the Protection of Traditional Knowledge and Expression of Culture was completed in July 2002. Terri Janke attended preliminary meetings and advised the Australian delegate to the Council of Pacific Arts.
The framework establishes traditional cultural rights for traditional owners over traditional knowledge and expression of culture by requiring their prior and informed consent to, among other things:
- reproduce or publish the traditional knowledge or expressions of culture;
- perform or display the traditional knowledge or expressions of culture in public;
- make available online or electronically transmit to the public (whether over a path or a combination of paths, or both) traditional knowledge or expression of culture; and
- use the traditional knowledge or expression of culture in any other form.
top
Myer Report - Action on Indigenous Copyright and Intellectual Property
In 2002, the Myer report to the Australian Government on contemporary visual arts and crafts recommended that action be taken to protect the ICIP and copyright of Indigenous artists.
The "Myer Report" – undertaken by Mr Rupert Myer for the then Department of Communications, Information Technology and the Arts – recommended the introduction of a resale royalty arrangement in Australia to further protect the rights of all visual artists.
Recommendation 4 on Indigenous copyright and intellectual property recommends that the Australian Government to take action in relation to:
- the extension of moral rights to Indigenous groups;
- misappropriation of cultural imagery and iconography;
- importation of works purported to be of Indigenous origin; and
- exportation of Indigenous art under the cultural heritage provisions.
top
© Terri Janke and Company Pty Ltd 2011. All rights reserved.
|
