IN THE TEACHING of copyright, it is usually said that copyright is an economic right. In Arnhem Land, they think otherwise. In 1990, I attended a meeting of Aboriginal artists in Maningrida. These artists had been involved in a copyright infringement case concerning the unauthorised reproduction of works of art on T-shirts. The case had settled, and the purpose of the meeting was to discuss the division of the spoils. The case involved a number of artists and different infringements by the same infringer.

There has been a proliferation of litigation in recent years involving claims of copyright in Aboriginal artworks. This article gives an overview of this litigation and comments on some of the key issues arising out of the cases. It is observed that Aboriginal artists have been vigilant protectors of their copyright rights, and that whilst protection under the Copyright Act 1968 has addressed a number of practical concerns of Aboriginal artists, there is still some way to go before the law meets the genuine concerns of Aboriginal communities for appropriate protection for Aboriginal artistic and cultural rights.

A miracle of fair proportions is occurring which is having a significant impact on white/black relations in Australia. Though one could well understand black people retreating from the white world in which they find themselves, the opposite is occurring in relation to the willingness of black people to share their cultural heritage with the rest of  Austrlalia and the world.