3 Questions with Copyright Agency: How thoughtful licensing protects Emily Kam Kngwarray’s cultural story
Ahead of Emily Kam Kngwarray’s first large-scale exhibition in Europe opening at Tate Modern on 10 July, DACS highlights the crucial role licensing played in bringing the show to life.
The Copyright Agency, Australia’s leading visual arts licensing organisation, worked closely with its UK sister society, DACS, and Kngwarray's estate to navigate complex cultural sensitivities and secure licensing agreements. From the exhibition catalogues to merchandise, Copyright Agency and DACS ensured every use of her work was guided by cultural protocols and a deep respect for her legacy.
As part of our “3 Questions With” series, we explore how the Copyright Agency supported the artist’s estate, respected cultural protocols and upheld Emily Kam Kngwarray’s culture and legacy in this unique international collaboration.
Support from the Copyright Agency
This is the first large-scale exhibition of Emily Kam Kngwarray’s work in Europe. How did the Copyright Agency support the artist’s estate in navigating licensing, cultural protocols and international collaboration for such a significant project?
Copyright Agency was honoured to support the estate of Emily Kam Kngwarray in preparing for the Tate Modern’s upcoming retrospective – the first major European exhibition of her extraordinary work. Our role centred on navigating the licensing requirements and cultural sensitivities associated with such a significant international project.
Working closely with the estate, we ensured that copyright and moral rights were respected throughout the exhibition planning process. This involved liaising with multiple stakeholders including curators, rights holders and the institutions involved to secure licensing agreements that reflected the wishes of the late artist’s representatives.
Emily’s work holds immense cultural significance and deep ties to Country. Ensuring this context was accurately and respectfully conveyed was as important as the legal aspects. Our licensing support extended beyond contracts, it included guidance on appropriate attribution, cultural acknowledgements, and protocols around reproducing her work in exhibition materials and marketing.
This wasn’t the first time we collaborated with the estate. In 2018, we negotiated the licensing agreement for the livery of a Qantas 787 Dreamliner featuring a design based on Emily’s Yam Dreaming as part of the Qantas Flying Art Series. That experience laid the groundwork for trust and understanding, which has been crucial in helping the estate navigate new international opportunities while maintaining control over how the artist’s legacy is shared and represented.
Unique considerations with licensing
Many of Copyright Agency’s visual artist members are Aboriginal and Torres Strait Islander artists. How does your licensing work reflect this, and what unique considerations come into play when working with estates like Emily Kam Kngwarray’s?
Aboriginal and Torres Strait Islander artists are the custodians of their culture, which shapes how their works are created and shared. This informs every aspect of our licensing work.
When supporting estates like Emily Kam Kngwarray’s, we take a considered and culturally informed approach. For instance, permissions may need to be obtained not just from the estate, but also from community or family representatives. The depiction of traditional symbols, culturally significant flora or Dreaming stories within a work must be understood and respected.
We also take steps to ensure that licensing agreements reflect not just commercial rights, but cultural integrity. For example, we’ve developed processes that ensure artists or their representatives can review how works are displayed or contextualised, especially in high-profile settings such as international exhibitions.
Our experience working with artists from remote communities – such as the Ernabella Artists collaboration with Australian homewares and fashion label Kip&Co – shows how licensing can be both a vehicle for income and a means of reinforcing self-determination, cultural pride and visibility on the global stage. These projects succeed when artists are in control and properly informed by our expert visual arts licensing team who engage with empathy, cultural competence, and respect.
Indigenous Art Code
Copyright Agency is a signatory to Indigenous art protocols and a supporter of the Indigenous Art Code. Can you speak to why these frameworks are crucial in international exhibitions like this, and how they help ensure respectful representation of Aboriginal art and culture?
We are proud signatories to the Indigenous Art Code and follow protocols for using Indigenous Cultural and Intellectual Property in the arts. These frameworks aren’t just guiding principles – they’re embedded in how we work, especially in international contexts where there can be different expectations around rights and usage.
Exhibitions like the Tate Modern’s retrospective on Emily Kam Kngwarray serve as an opportunity to share Aboriginal art with a global audience. But with that comes the responsibility to ensure the representation is respectful, informed, and aligned with cultural values.
The Indigenous Art Code, for example, promotes fair and ethical trade in Indigenous art. By incorporating it into our licensing processes, we help ensure that artists and estates are fully aware of their rights, and that any agreements reflect informed consent. Similarly, the protocols guide us in advising institutions on matters such as correct terminology, community consultation, and the significance of cultural content.
Ultimately, these frameworks help protect artists’ legacies, ensuring their work is not only seen, but truly understood and honoured. That’s something we’re proud to carry forward in partnerships like this one with DACS and Tate Modern.
About the author
Cheryl Yates, Manager, Visual Arts, is a key member of the Copyright Agency’s visual arts licensing team, bringing expertise in supporting artists and estates across diverse media. As one of our sister societies, Copyright Agency protects artists’ rights by managing licensing agreements and ensuring fair compensation while promoting respectful use and sharing of their work.
Emily Kam Kngwarray is now on display at the Tate Modern from 10 July 2025 - 11 January 2026
