Ownership of ICIP
This protocol has been prepared for the researchers, academics, participants and filmmakers involved in the Deepening Histories Project (the Project Partners). The work done by these individuals for this Project will be subject to the following conditions.
Subject to the exceptions below, the owner of the copyright in any material created or using in the Deepening Histories Project will be the material’s author or maker. This includes material in draft and final format, and all knowledge.
Who is the author of a copyright work?
- For a literary work, the author or writer
- For an artistic work, the artist/photographer/sculptor
- For a musical work, the composer of the music
- For a dramatic work, the writer or choreographer
Who is the maker of copyright material?
- For a sound recording, the producer (the person who commissions the recording)
- For a film, the producer (the person who commissions the film), or the director where the film has not been commissioned
- For a broadcast the maker of the broadcast
1. ICIP Material
Please refer to Part B Principles and Protocols of Working with ICIP in relation to the ownership of ICIP material, in particular Principles 1, 6, 7 and 8.
2. Performers (without ICIP)
Where there is no ICIP Material used, performers of musical, dramatic or literary performances will own the copyright in their performance, and in any Recordings or transcripts made from that performance.
3. Performers (including ICIP)
The relevant Indigenous community will advise who owns the copyright in a performance, and in any Recordings or transcripts of the performance which uses ICIP Material.
Performers of folklore or other ICIP material will have the right to elect ownership of the copyright in their performance, and in any Recordings or transcripts made from that performance. The copyright may be owned by the performer, another community representative or other community organisation.
4. Material created under commission or contract
Where material has been created by an individual under a commission or contract from a Partner Organisation, the ownership of copyright will be subject to the terms of the relevant contract. This exception does not apply to student Researchers at any participating University.
5. Material published on the Deepening Histories website
For material published on the Deepening Histories website, the following conditions will apply:
- The copyright owners in the material published on the Deepening Histories website will retain all rights in their content, granting to the Project a non-exclusive licence to publish the material on the website.
- The following copyright notice will be published on the Project website: “© Deepening Histories Project [year of publication]”. This notice will be published for information only and is in no way assigning or transferring rights in any material published on the Project website by the Project Partners to the Deepening Histories Project.