Introduction
Cultural festivals often celebrate traditional songs, crafts, and designs passed down through generations. These communal creations are treasures of heritage – but sharing them on a public stage comes with responsibility. Without clear agreements and respect for intellectual property (IP), festivals risk veering into cultural appropriation or even legal disputes. Seasoned festival producers stress the importance of up-front clarity on permissions, credits, and usage rights. By establishing cultural IP and attribution agreements, organisers can honour source communities and protect both the festival and the knowledge-bearers (www.wipo.int).
Around the world, many festivals have learned that attribution is protection when it comes to cultural content. Proper credit and permission not only pay respect, but also shield events from backlash. For example, New Zealand’s government enacted the Haka Ka Mate Attribution Act 2014 which legally requires that uses of the famous M?ori haka “Ka Mate” in commercial contexts include a prominent acknowledgment of its origin – crediting Ng?ti Toa Rangatira (the iwi, or tribe) and the haka’s composer, Chief Te Rauparaha (www.parliament.nz). This landmark law – born from a Treaty settlement – recognises that acknowledging the community behind a tradition can safeguard its integrity without resorting to an outright ban. The lesson for festival organisers? Proactively giving credit and obtaining consent can prevent problems and build trust.
In this guide, we delve into best practices for handling cultural intellectual property at festivals. From clarifying usage permissions for songs, patterns, and designs, to crediting communities (not just individuals), to avoiding any exclusive claims over communal knowledge – these steps help create ethical and successful cultural festivals. We also highlight the importance of centrally storing agreements and how proper attribution serves as a form of protection for all parties involved.
Clarify Permissions for Songs, Patterns, and Designs
Before featuring any traditional song, indigenous design, or sacred performance at a festival, it is crucial to clarify permissions with the rightful custodians. Many traditional cultural expressions don’t fit neatly into modern copyright laws – they may be considered part of the public domain legally, yet they belong to the identity of a community. Festival organisers should treat them not as free-for-all content, but as cultural treasures that require consent and context.
1. Seek community consent: Always approach the community or cultural group associated with the piece for permission. This might involve speaking with tribal elders, cultural leaders, or heritage organisations. For example, if a festival in Australia wants to include an Aboriginal song, contacting the local Aboriginal Land Council or elders’ group is a respectful first move; in Mexico, a festival hoping to feature an indigenous Yaqui deer dance would likewise seek permission from Yaqui leaders for their blessing (www.ticketfairy.com). Early consultation shows respect and lets communities voice any conditions (such as ritual protocols or restrictions on recording).
2. Define acceptable use: Once permission is granted, clearly define what usage is allowed. Is the festival allowed to film or broadcast the performance? Can photos of a sacred ceremony be shared on social media? In many cases, the answer is no unless explicitly agreed. Some communities will permit a live performance but forbid any recording; others may allow recording but only for archival or community use. It should be discussed and written down. For example, at the Festival of Pacific Arts – which gathers performers from dozens of Pacific Island cultures – organisers work with each delegation to respect their cultural protocols. Certain ritual dances might be marked off-limits for filming or only performed at specific times, as decided by the community. Without these agreements, unique performances could be unintentionally exploited by third parties (e.g. audience recordings later uploaded without context) (www.wipo.int). Clear permission guidelines protect both the festival and the performers from such misuse.
3. Put it in writing: Verbal understandings can lead to misunderstandings. It’s best to use written agreements or contracts that outline the permissions and any limitations. These don’t have to be intimidating legal documents – they can be simple, plain-language agreements that everyone signs off on. The agreement should cover details like: who grants the permission (and on behalf of which community), what exactly is permitted (e.g. performance only, or also recording, merchandising, etc.), how attribution will be given, and any restrictions (e.g. “not to be used outside this festival without further consent”). Having these terms in writing ensures everyone has the same expectations. As recommended by cultural IP experts, a combination of legal tools (copyright, trademark) and contracts or protocols provides a solid framework to safeguard traditional cultural expressions at festivals (ifacca.org).
Credit Communities, Not Just Individuals
When it comes to traditional arts, often an individual artist is the performer or maker, but the knowledge originates from a whole community. Credit should reflect collective ownership. A common mistake is to name only the individual (or worse, to list the festival’s own team as creators of a cultural element) while ignoring the source community. This erases the people who nurtured that tradition and can cause resentment. Instead, festivals should namecheck the community or culture prominently in all materials.
Consider a scenario: a folk singer performs a centuries-old song taught to her by her tribe. Listing only the singer’s name in the programme would be incomplete – the festival should also mention the tribe or ethnic group that the song comes from (e.g. “Traditional Sami joik courtesy of the Sámi people, performed by [Artist Name]”). This way the audience knows it’s a cultural heritage piece, not just the performer’s own composition, and the community gets due recognition.
Real-world examples illustrate the importance of community credit. The famous haka “Ka Mate” is often performed by sports teams and events worldwide. Today, thanks to Ng?ti Toa’s advocacy, any commercial use of “Ka Mate” must by law acknowledge Ng?ti Toa Rangatira as the source and Te Rauparaha as its composer. This attribution requirement doesn’t stop the use of the haka – it simply ensures people know where it comes from and who its guardians are. Similarly, at Hawai’i’s Merrie Monarch Festival (a prestigious Hawaiian hula competition), announcers and programmes always credit the h?lau (hula school) and the lineage of the dances presented, underscoring that these dances are part of a living community tradition, not just a performer’s act.
From India to Canada, festivals that highlight indigenous or folk culture are adopting fuller attributions. At a First Nations cultural festival in Canada, for example, a performance of a Plains Cree drum song would be introduced by acknowledging the Cree Nation and the specific drum group, rather than treating it like generic background music. Credit can also be given in signage and online content – if a festival uses traditional motifs in its stage decor or branding, the community source should be acknowledged in the display or credits. Not only is this ethically right, it educates the audience and builds respect for the culture. Audiences appreciate knowing the origins of what they are enjoying, and communities see that their contributions are being properly honoured.
On the other hand, failing to credit communities can lead to backlash. A recent example comes from the fashion and design world: in 2023, Adidas released a shoe called the “Oaxaca Slip-On” inspired by a traditional sandal design of the Zapotec Indigenous community in Mexico. The product, designed by a collaborator, initially gave no credit to the Oaxaca artisans. Mexican authorities accused Adidas of cultural appropriation, noting that neither the designer nor the company obtained permission from the Indigenous community before using the design (apnews.com). The outcry led to public apologies – the designer admitted the project fell short by not involving the community, and Adidas pledged to collaborate with the community moving forward (apnews.com). The lesson for festivals is clear: if you’re showcasing a cultural pattern, attire, or craft, credit the source community and involve them, rather than presenting it as your own brand’s idea. That credit might have prevented the controversy in the first place.
Avoid Exclusive Claims on Communal Knowledge
One major pitfall in cultural collaborations is attempting to exclusively own or control something that is inherently communal. Festival organisers must avoid any move that looks like an “exclusive grab” of traditional knowledge or expressions. This includes trying to trademark a community’s words or art, patenting a traditional recipe, or signing exclusive rights agreements that limit the community’s own use of their culture.
Why is this such a concern? Because communal cultural knowledge is usually considered a shared inheritance – no one person invented it, and it’s meant to be carried on by the community’s future generations. When an outside entity, like a festival or company, swoops in and claims ownership or exclusivity, it understandably feels like theft or colonisation to the community. A well-known cautionary tale is Disney’s attempt to trademark the Swahili phrase “Hakuna Matata” (meaning “no worries”) after popularising it in The Lion King. The phrase is commonly used across several African countries, and Disney’s legal claim prompted over 50,000 people to sign a petition accusing the company of colonial appropriation and robbery (www.theguardian.com). The public message was loud and clear: no corporation should exclusively own something that belongs to an entire culture.
In the festival context, exclusivity can take more subtle forms. Imagine a festival that commissions a Native weaver to create a logo or pattern, then tries to assert exclusive copyright over that pattern for all future use. Or a festival recording a folk music performance and then prohibiting the artist or community from releasing that music elsewhere because the festival “owns” the recording. These practices will harm relationships and likely spark public outrage if they come to light. It’s much better to use non-exclusive licenses that allow the festival certain uses but do not restrict the community’s rights. For instance, if a festival wants to sell T-shirts featuring a M?ori tribal design, the agreement should grant the festival permission to use the design for that purpose while clearly stating the design remains the cultural property of the M?ori tribe and can be used by them freely elsewhere. Avoid phrases that imply the community is “assigning” all rights in perpetuity. Instead, terms like “the festival is granted a licence to use X design for Y time/purpose, with attribution, and the community retains ownership and all other rights” are appropriate.
Exclusive grabs can also backfire legally. Some countries now have laws or frameworks to prevent misappropriation of traditional knowledge. For example, Peru has a law protecting collective knowledge of Indigenous peoples, and Panama’s special intellectual property system recognises and safeguards Indigenous cultural symbols. In New Zealand, beyond the haka law, the long-term Wai 262 claim process has sought to better protect M?ori traditional knowledge from exploitation. While international laws are still catching up on protecting communal IP, the trend is towards recognising community rights. Festival organisers should stay on the right side of this trend by voluntarily rejecting any form of cultural monopoly. Remember, a festival is a guest borrowing cultural elements – it should never act like the new owner.
Store Agreements Centrally for Consistency
As festivals grow and years go by, it’s easy for knowledge about past agreements to get lost, especially if there are staff turnovers or new producers stepping in. That’s why it’s essential to store all cultural IP agreements centrally. Establish a secure, accessible repository (even a well-organised cloud folder or an internal database) for all documents related to cultural permissions, licences, and attribution agreements.
Keeping these agreements in one place helps ensure institutional memory. If you run an annual folk festival, you might have multiple agreements with different communities – for instance, permission from a M?ori group for a welcome ceremony, a license to use artwork from a local First Nations artist, or an understanding with a folk singers’ collective about recording their sets. By storing these centrally, next year’s team will know what was agreed upon. They can see, for example, that “Song X can be used in the festival highlight video but was agreed not to be used in any commercial DVD without further consent,” or that “Design Y was licensed for one-time use on 2024 merchandise, needs renewal for 2025.” This prevents accidental misuse due to lack of information. It also means the festival won’t have to start from scratch each time – you can often build on the relationships and agreements already in place.
Central storage also provides protection and accountability. If questions arise – say an artist or community elder later asks, “What did we agree on regarding that recording?” – you can quickly refer to the signed document. It’s a safeguard if any legal queries come up about whether the festival had rights to do something. Furthermore, having an archive of agreements allows the festival to spot patterns and improve future contracts. For instance, you might notice that several communities insisted on a particular clause (like a moral rights clause ensuring respectful use, or a revenue-sharing arrangement for merchandise). Armed with that knowledge, you can proactively include similar terms in new agreements, demonstrating that you’ve learned what communities care about.
From an operational standpoint, designate someone on the festival team to maintain these records. It could be a production manager or a legal counsel. Many large festivals now have cultural liaison officers or teams focused on community outreach; part of their role can be managing cultural IP agreements and making sure they are honoured over time. Storing everything centrally – and backing it up – means that even as the festival organisation evolves, the commitments to communities are not forgotten or overlooked.
Attribution as Protection and Respect
Ultimately, attribution is a form of protection – for both the community and the festival. When you publicly credit the source community for their song, design or knowledge, you are protecting the community’s claim to their heritage. It creates a public record of where that cultural expression comes from, which can deter others from trying to steal or misrepresent it. In a way, your festival’s materials (programmes, plaques, websites, videos) become an extra layer of documentation that this culture belongs to these people. For the community, this is affirming and empowering.
At the same time, attribution protects the festival by demonstrating good faith and transparency. If anyone accuses the event of appropriation, the festival can point to its attributions and permissions as evidence that it worked with the culture-bearers rather than exploiting them. It’s part of reputation management. Festivals that consistently do this – such as the Smithsonian Folklife Festival in the US, or the Rainforest World Music Festival in Malaysia – have earned trust over years for treating participants as partners. They don’t just invite performers; they collaborate with communities and acknowledge them in every recording, exhibit, and publication. This reputation becomes a competitive advantage, attracting more artists and attendees who value ethical, culturally rich experiences.
It’s worth noting that attribution alone doesn’t give you a free pass – it must go hand-in-hand with genuine permission and fair compensation. But it’s a pillar of respectful festival practice. As the Bass Coast Festival in Canada showed with its headdress ban, aligning festival policy with the wishes of Indigenous communities can spark positive change (www.cbc.ca). Their stance – effectively attributing decision-making power over cultural symbols back to the local First Nations – not only protected those symbols from misuse on festival grounds, it also boosted the festival’s standing as a respectful space. The story made international headlines and encouraged other events to reconsider their practices.
In summary, seeing attribution as a core part of cultural IP agreements transforms it from a mere courtesy into a protective mechanism. It protects the community’s legacy by keeping their name attached to their culture, and it protects the festival by building trust and avoiding conflict. In the long run, a festival that uplifts and respects cultural IP will not only avoid pitfalls but also enrich its own legacy through deeper relationships and unique programming that stands out.
Key Takeaways
- Always get permission from the relevant community or cultural custodians before using traditional songs, designs, or rituals. Never assume it’s “free” just because it’s traditional.
- Use written agreements to spell out what is allowed – live performance, recording, merchandising, etc. – and what is not. Clarity upfront prevents conflicts later on.
- Credit the community (tribe, people, or culture) behind the art, not just the individual presenter. Publicly acknowledging the source community is both respectful and educational.
- Avoid any exclusive ownership claims over communal culture. Use licenses that let the festival use cultural content, without taking away the community’s rights to their own heritage.
- Keep all agreements on file in a central repository accessible to your team. This ensures continuity and accountability, so cultural permissions are honoured every year.
- Attribution is protection – it safeguards a community’s heritage by marking it as theirs, and it safeguards your festival by showing you act with respect and consent.
25th August 2025