2 While many of these are still practiced; they have been copied, commercialized and adulterated for profits most of which never benefit the owners of the heritage. This is particularly in the many cases where parts of their cultural heritage have been used or misused for profit without the authorization or knowledge of the original owners. It is important that the rights of the indigenous people to control their intellectual property as well as be principally involved in the determination of the latitude and nature of access and reproduction are recognized. Ironically, while in the recent past many foreigners have been benefiting from selling reproducing and marketing other products through indigenous art, the first westerners in Australia did not even acknowledge the indigenous people had art. They assumed they were too backwards and primitive to conceptualize or appreciate such ostentation and all the art in Australia was treated as artifacts with only historical but not artistic or aesthetic value. From the days of initial occupation, there has been a long history of misuse and illegal exploitation of arts designs and a multiplicity of cultural expression such as oral traditions, music dances and crafts.
In 1968, the government in an effort to safeguard the cultural heritage from exploitation came up with the copyright act of 1968. This law was a trendsetter for other legal frameworks that would later come to be implemented in regard to protecting the diversity of indigenous heritage is posterity.3 According to the act; copyright did not need to be registered, all one needed to have a copyright was to produce original work, as such any existing artistic expression such as music was by default the property of the community or individuals who had produced it. This law took cognizance of the fact that majority of those who owned the cultural expression being safeguarded at the time were not educated and they