A parliamentary question regarding the use of an Aboriginal painting in a brochure by the Department of Industry and Resources, specifically addressing copyright and cultural sensitivity. The Minister's response indicates permission to take the photo was granted, but not to publish it, though the State Solicitor's Office advised no copyright was infringed.

AnsweredQoN 1927Legislative Council
Asked
8 April 2004
Portfolio
State Development

QuestionView source ↗

I refer to a brochure titled ‘Taking Care of the Things that Count’, produced by the Department of Industry and Resources on behalf of Western Agricultural Industries. In particular, I refer to a photograph of an Aboriginal painting which was included in this document, and ask -
(1) Was the artist informed that this image was to be used in promotional material for WAI, and was permission sought?
(2) If no to (1), does the Minister acknowledge that the Department has breached copyright in this instance?
(3) If yes to (1), can the Minister provide evidence that permission to use the image was granted?
(4) If yes to (2), what action will the Minister be taking to redress this breach?
(5) Was any other person asked whether or not this image could be used in promotional material for WAI?
(6) If no to (5), does the Minister acknowledge that the Department has breached copyright in this instance?
(7) If yes to (5), can the Minister provide evidence that permission to use the image was granted?
(8) If yes to (6), what action will the Minister be taking to redress this breach?
(9) Does the Minister acknowledge that use of Aboriginal imagery to promote an agricultural development which is opposed by the Traditional Owners of the land in question is inappropriate?

AnswerView source ↗

Answered
1 June 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
54 days
(1) The brochure to which the Member refers was used to explain to the local community aspects of a potential project currently under investigation by Western Agricultural Industries (WAI). It was not published on behalf of WAI. The artist gave permission for the photograph to be taken however, permission was not sought from the artist to publish the photograph in the brochure. The State Solicitor’s Office has advised that copyright was not infringed. (2) No. (3) N/A. (4) N/A. (5) No. (6) No. (7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(2) No. (3) N/A. (4) N/A. (5) No. (6) No. (7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(3) N/A. (4) N/A. (5) No. (6) No. (7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(4) N/A. (5) No. (6) No. (7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(5) No. (6) No. (7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(6) No. (7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(7) N/A. (8) N/A. (9) The photograph was not used to promote agricultural development.
(8) N/A. (9) The photograph was not used to promote agricultural development.
(9) The photograph was not used to promote agricultural development.

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