ABSTRACT
Several Australian cases have considered copyright issues relating to Aboriginal artworks incorporating traditional designs. Traditional designs are a defining element of the communal and indigenous identity of Aboriginal groups; an expression of the continuity of the community. Artworks are inseparable from the relationship between the community and its traditional land, so foundational to Aboriginal cultures. 'Cultural integrity' is a contested and problematic concept. 'Culture' as used here refers to the culture of a community as a whole, including traditional ways of life, communal institutions, languages, and distinct forms of cultural expression. The benefits of cultural integrity, and cultural diversity more generally, as well as the special claims of indigenous and traditional peoples have been averred in international debates. A broad concern with cultural integrity may justify a law granting exclusive rights in traditional designs to an indigenous community, depending on their significance.
