A $1.5 million price tag for unlawfully exploiting Aboriginal intangible heritage

Nine out of 10 Australians agree that Aboriginal art is an important part of Australian culture.¹ This recognition, however, is not always reflected in laws that would ordinarily be expected to protect Australian cultural heritage. The significant value of Aboriginal art and tradition, both financially and culturally, makes it a target for exploitation within the Australian and overseas markets, and not always lawfully.

While works by individual artists are generally protected by copyright, there are limited statutory rights for the broader protection of what is characterised as ‘intangible’ cultural heritage.  Whilst this remains the position in every Australian jurisdiction, the State of Victoria has now broken ranks.