Artist authority, ownership and cultural integrity
Responsible Use of First Nations Artwork
Where a customer wishes to incorporate Aboriginal or Torres Strait Islander artwork into uniforms, merchandise or branded products, NewGen requires an authorised licensing or commissioning process before production begins.
Our position
The artist remains at the centre of the process
NewGen’s process is designed to ensure that artwork is commissioned, licensed and used with the artist’s authority, clear commercial terms and respect for cultural integrity.
Artist authority
The artist or authorised representative must approve the proposed use before production.
Artist ownership
The artist retains ownership and copyright unless expressly agreed otherwise in writing.
Defined permitted use
NewGen and the customer receive only the rights granted for the particular project.
Cultural integrity
Any cultural conditions, attribution requirements and restrictions on reproduction must be followed.
Fair commercial terms
Commissioning, licence fee, royalty or other payment arrangements must be clearly agreed.
No assumed reuse
Approval for one product, range or campaign does not permit use for another purpose.
Before production
How the approval process works
Establish the source
Artwork may be commissioned from an artist, licensed through an authorised art centre, agency or representative, or supplied by a customer that already holds the required rights.
Confirm authority
NewGen requires written evidence identifying the artist, the approving party and the authority to grant permission.
Define the licence
The agreement must identify the products, applications, duration, quantities where relevant, attribution and any restrictions on alteration or reuse.
Approve production
Any required approval of final artwork, strike-offs, samples or finished products must be obtained before production proceeds.
Artwork integrity
Use is limited to what has been agreed
NewGen will not alter, recolour, crop, rearrange, combine or extend artwork to additional products unless the agreement permits the change and any required approval has been received.
NewGen will not knowingly reproduce artwork presented as Aboriginal or Torres Strait Islander artwork where the artist, source or authority to use it cannot be reasonably established. Imitation First Nations-style artwork will not be used as a substitute for an authorised artist-led process.
Customer-supplied artwork
Existing artwork must also be authorised
Evidence required
Where a customer supplies artwork, NewGen requires evidence that it is authorised for the proposed products and applications.
No production without authority
Where the artist, permitted use or required approval cannot be reasonably established, NewGen will not proceed.
Documentation
Records support authorised production
For each project, NewGen will retain relevant agreements, written approvals, authorised artwork files, attribution wording, permitted uses, cultural or reproduction restrictions and final production approval.
A process designed to protect the artist and the customer
Responsible use involves more than copyright compliance. It requires informed approval, respect for Indigenous Cultural and Intellectual Property, clear commercial terms, accurate attribution and use only within the agreed scope.
Download the full policy
Questions about a proposed project can be sent to info@newgenapparel.com.