Five clearance forms have been developed for use by researchers, academics, participants, users, interpreters and filmmakers in conjunction with the Deepening Histories project and form part of the NFSA Indigenous Audio-Visual Intellectual Property Toolkit. They reflect the obligations found under Part B IP Ownership and Part C Principles and Protocols of Working with ICIP.

The clearance forms are:

• Clearance Form 1  – On-Country and Communal Knowledge
• Clearance Form 2 – Individual Consent
• Clearance Form 3 – Individual Consent (under 18)
• Clearance Form 4 – Copyright Clearance
• Clearance Form 5 – Archival Material

Different forms must be used for different occasions (sometimes multiple forms will be required). Refer to the guide below for more information.

OVERVIEW.    Indigenous Cultural and Intellectual Property Protocols : Download

What it covers:

This Protocol aims:(a) To inform researchers, academics, users, interpreters, participants and filmmakers of Indigenous Cultural and Intellectual Property (ICIP) rights and Intellectual Property (IP) rights (Section A);(b) To provide guidelines and resources for researchers, academics, users, interpreters, participants and filmmakers involved in the ‘Deepening Histories of Place: Exploring Indigenous Landscapes of National and International Significance’ project in relation to Intellectual property, consent protocols and clearance forms (Section B); and Working with ICIP (Section C).

 

1.    Community Clearance Form : Download
Use this when:	You are researching on-country or your research is likely to contain ICIP material or communal knowledge.
What it covers:	Community consent for recording on country, use of ICIP material, cultural integrity in the editing stage and attribution of the relevant community or individual.
NB:	NB: Researchers may provide signed documentation from the relevant community instead of this form. For instance, the land council may use their own licence agreements with permit controls.
2.    Individual Clearance Form : Download
Use this when:	You are filming, photographing or taking sound recordings of someone as part of the research.
What it covers:	Permission from the individual to be filmed, photographed and recorded for specific uses in the project and to clear any ICIP and third party copyright material used by the individual. It also contains rules in the event the participant passes away. The next of kin details provided on the form will be used by Project Partners when clearing copyright material. If the next of kin notifies the relevant Project Partner of a will or last testament which conflicts with the information provided on the form, the Project Partners will discuss the matter directly with the next of kin to reach a resolution.
3.    Individual (Under 18) Clearance Form : Download
Use this when:	You are filming, photographing or taking sound recordings of a minor (someone under the age of 18) as part of the research.
What it covers:	The same permissions granted in the Individual Clearance Form, given by the parent or guardian of the child.
4.    Copyright Clearance Form : Download
Use this when:	You are using copyright material in the research (for e.g. when an artwork or song features on a recording or an excerpt of a poem is published in a report). This form must be signed by the copyright owner or his or her authorised agent.
What it covers:	A non-exclusive licence to use the copyright material for the purposes needed for the research project.
5.    Archival Material (Cultural Clearance) Form : Download
Use this when:	You are using historical archival footage or records (for e.g. an archived photograph, film or sound recordings)
What it covers:	Cultural clearance of old photographs footage and records regardless of whether the material is protected by copyright, and who owns copyright if still subsisting. For use when the family of the people is unknown.