Help Stop Indigenous Cultural IP theft in games

TLDR; we are raising money to pay the legal fees to stop an unnamed non-Indigenous company from taking and commercialising Indigenous Cultural and Intellectual Property (ICIP) with no benefits or rights going to Community.

Full Story:

Indigenous Cultural and Intellectual Property (ICIP) is a major business in Australia. The market for First Nations cultural content is growing and there is significant interest across many industries to seek out this valuable IP.

Unfortunately, some organisations and companies obtain ICIP in ways that do not benefit or correctly represent the First Nations people and the Communities they are working with. Some First Nations people are taken advantage of, exploited, and left with deals that leave the Community worse off financially, spiritually and culturally.

In collaboration with (and at the request of) the relevant First Nations stakeholders, we have been in a protracted legal discussion with an unnamed non-Indigenous company that we became aware of that allegedly intends to use ICIP in commercial games products in ways that were never authorised by the relevant Traditional Owner groups.

Though the request to remove the ICIP in question has been made by the relevant First Nations stakeholders, there has been a refusal from the non-Indigenous company to remove this content, and therefore the legal conversations have continued......

Up until now, we have been spending our own funds to cover the legal fees for this. We wanted to do whatever we could to support the protection of ICIP and ensure people and Communities are kept safe.

However, we have now exhausted all available funds to fight this case and have been forced to go public to fundraise to continue this work. Unfortunately, due to various circumstances, no other organisation is able, capable or willing to take on this work, so it is up to us.

It is our opinion that this case is worth fighting, as it sets precedents for the games industry in Australia. We want to see an ethical, just and inclusive future for all.

We need to take a stand against the extractive forces of capitalism and colonisation to prevent ICIP theft in Australian games.

Our next legal bill is going to be over $10,000 and we will not let injustice occur to Communities and see Culture stolen for non-Indigenous profit. This fundraiser will stay open and be used for any ongoing legal fees related to this case.

All funds raised will go directly towards the ongoing legal fees of this case.

We are involved in this work purely in a volunteer capacity- we do not receive any payment or paid work related to this.

ALL funds raised go directly to the legal fees. We work with a Supply Nation certified, 100% Aboriginal-owned and run law firm that specialises in Commercial Law and Indigenous Cultural and Intellectual Property (ICIP).

Any unused funds will be donated directly to the Dhadjowa Foundation with a proof of donation receipt posted to this page.

THANK YOU!

Kati Elizabeth and Hayley Percy (Wiradjuri)

QUESTIONS

Can we trust you? Whose Mob is this related to?

Due to the confidential nature of the case, and to protect identities, we cannot disclose some of the information. However, there ARE people in the Community who know about this case and can endorse and verify the legitimacy of this fundraiser.

The following people are not involved in, or related to the case in any way, but are aware of and have verified the confidential details of this fundraiser:

What is ICIP? (via Terri Janke and Company)

Indigenous Cultural and Intellectual Property (ICIP) refers to Indigenous peoples' rights to their cultural heritage based on the fundamental right to self-determination. Cultural heritage includes all aspects of cultural practices, traditional knowledge, resources and knowledge systems developed by Indigenous people as part of their Indigenous identity. This includes: