indigenous cultural and intellectual property

home ICIP may be individually or collectively owned. Print this page The Cairns Indigenous Art Fair 2020 will be held online through this website. People who undertake these practices have been trusted by their community to share this culture with the wider community. The PBC website acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. the collected information remains the intellectual property of the people who provided it. Here's a full list of rights that ICIP covers according to Terri Janke and Company: Ms Cubillo says it's also based on the idea of self-determination. 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Contact: 1985 West Mall, Vancouver, B.C., V6T 1Z2. A 1992 Report of the United Nations Secretary-General on the Intellectual Property of Indigenous Peoples states that Indigenous peoples' intellectual property can, for analytical purposes, be 'usefully divided into three groups: (i) folklore and crafts; (ii) biodiversity; and (iii) Indigenous knowledge'. "But if you want to use it in a contemporary setting, you have to get permission.". Indigenous people’s heritage is a living heritage and includes objects, knowledge, stories, songs, dances and Download as PDF. Challenges for the protection of traditional knowledge and genetic resources, traditional cultural expressions, and traditional knowledge of indigenous peoples in the international scenario. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests. Indigenous Cultural and Intellectual Property Rights. A clear description in plain and appropriate language of: what the anticipated benefits to the community will be. When I started my career in the mid-1990s, I worked with the legal team on the Carpets Case. Wakka Wakka and Yuin artist Bibi Barba says copyright law doesn't protect ICIP. Essentially, ICIPR are a bundle of rights of indigenous peoples which protect the right to: There is no specific legislation in Australia that recognises ICIPR. Indigenous peoples require full and proper attribution. "The fact that people can use Indigenous words or designs without consent or consultation can be detrimental to an Indigenous community or individual.". ICIP stands for Indigenous Cultural and Intellectual Property. Centre for Indigenous Americas Studies. Ms Cubillo said at the heart of respecting ICIP and copyright is consultation and consent. Ms Barba knows too well the devastating effects that infringing ICIP and copyright can have on an artist. Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices or names of deceased persons in photographs, film, audio recordings or printed material. All without her knowledge or consent. By way of example, set out below is the NSW Ministry of the Arts Indigenous Arts Protocol. Terri Janke, Our Culture: Our Future – report on Australian Indigenous cultural and intellectual property rights, Michael Frankel and Company, produced under commission of the Aboriginal and Torres Strait Islander Commission and the Australian Institute of Aboriginal and Torres Strait Islander Studies, 1999. Ms Barba herself is studying law and has worked at ArtsLaw Australia as a national coordinator for its Artist in the Black project. Importance of intellectual property. Have you ensured that the community understands the copyright issues of the project? The national Indigenous Intellectual Property Toolkit, specifically targeting Indigenous artists, commercial operators and consumers will provide significant benefits by increasing understanding and respect for Indigenous culture, improving relationships between the sectors and maximising ethical economic opportunities. "It's about the principle, and those principles are protocols. Website. intellectual property rights there are obvious anomalies and gaps that enable the legal use of Indigenous knowledge in spite of the issues of morality that arise. Attribute the artist's work tastefully and with respect," she said. For example, maintaining the knowledge of the medicinal properties of a plant as confidential information might be effective. Simply put, IP law enables people to control what happens to their idea or creation — and stop others ripping it off. In the absence of an effective protection regime Indigenous knowledge holders have been forced into a situation where theyoften have to rely on the good will of others to ensure that Sometimes the words … However, intellectual property laws offer protection for traditional knowledge and Indigenous cultural expression in only a modest way. Does your proposal safeguard Aboriginal sensibilities. Indigenous Cultural and Intellectual Property (ICIP) Rights refer to all aspects of Indigenous peoples’ cultural heritage. Art is an incredibly important part of Indigenous culture, but the protections afforded by existing intellectual property and consumer protection laws have at times proven inadequate and poorly adapted to protect Indigenous rights. National Copyright Unit But that's hard with Indigenous people because it's ongoing," she said. INDIGENOUS CULTURAL & INTELLECTUAL PROPERTY (ICIP) ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. For example, copyright can only provide limited protection of ICIPR, in particular: Increasingly indigenous communities are using non legislative means such as contract and protocols to protect their ICIPR. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. Gender-based works may require the publisher to follow special communication procedures which should Indigenous Cultural and Intellectual Property refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. It's about recognising rights," she said. ›› Successful alternative approaches to help establish and protect indigenous claims to intellectual property may prove as important as legislative or judicial solutions. She says ICIP covers many things, including: "Traditional knowledge, cultural practices, spiritual knowledge, ancestral material and languages.". That is the right to apply for protection of Indigenous cultural and intellectual property rights, which, where collectively owned, should be granted in the name of the relevant Indigenous community. We acknowledge that displaying Indigenous cultures via an online platform creates more opportunity for appropriation of traditional knowledge and traditional cultural expression belonging to Aboriginal and Torres Strait Islander peoples (known as Indigenous Cultural and Intellectual Property or ICIP). There is no need to register a work in some official register.". Indigenous Australians have been calling for intellectual property protection for their traditional knowledge and traditional cultural expression throughout the years. Intellectual property … A great number of generations contribute to the creation and development of Indigenous cultural and intellectual property. What are Indigenous Intellectual Property Rights? This cultural heritage includes traditional knowledge, sacred sites, object and ancestral remains, literary, performing and artistic works, cultural knowledge, and … Usually the particular objects, sites and knowledge pertain to a particular indigenous group or territory. What is ICIP? ›› "And if that goes into the public it kind of comes up for grabs. She also specialises in ICIP. Ms Cubillo says there are some challenges that come with this. "Traditional cultural expressions" is a phrase used by the World Intellectual Property Organization to refer to "any form of artistic and literary expression in which traditional culture and knowledge are embodied. ICIPR may be protected by copyright, trade marks, confidential information, passing off and trade practices law. But there are moral rights. However this piecemeal protection is fragmented and limited. (31) This report concludes that, given the complexity of finding improved ways to protect the intellectual property … But there's only so much that ICIP rights can do to protect Indigenous people. Have you made arrangements with the community to provide feedback on the project at all stages? 5 Gender Some images and knowledge may be gender-specific and may only be seen by initiated men and women. The Australia Council has released updated Protocols for using First Nations Cultural and Intellectual Property in the Arts.The premise of the new protocols has been to better endorse the rights of Indigenous people to their cultural heritage, and to support diverse First Nations creative practice. The Australia Council for the Arts has published new protocols addressing legal, ethical, and moral considerations for using Indigenous cultural and intellectual material in the arts. They are transmitted from one generation to the next, and include handmade textiles, paintings, stories, legends, ceremonies, music, songs, rhythms and dance." Protocol 3 is called ‘intellectual property’ but covers what is known as ICIP: Indigenous cultural and intellectual property. The development of IPR legislation is an important but often inadequate measure: alternative approaches to cultural intellectual property preservation also require evaluation. 604.822.8738. There she also read out the Uluru Statement of the Heart. In order to respect ICIP, Terri Janke and Company incorporates these ten True Tracks principles: Walking Together is taking a look at our nation's reconciliation journey, where we've been and asks the question — where do we go next? She was also invited to the World Intellectual Property Organisation (WIPO) in 2018, which is one of the 15 specialised agencies of the United Nations in Geneva. See page on Indigenous Cultural & Intellectual Property. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. An ABC-wide initiative to reflect, listen and build on the shared national identity of Indigenous and non-Indigenous people. In brief 3 min read. An acknowledgement of the owner/s of the cultural heritage or expression. Sometimes the words “Cultural Heritage” are used to mean the same thing. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. Have you received written consent from the traditional owners/custodians of ICIPR for the project? Principle 9 –Maintaining Indigenous Culture 25 • Consider how a proposed use might impact on the future use by others who are entitled to inherit the cultural heritage. An initiative to support Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment. Lawyer Terri Janke says protecting ownership of ideas encourages creativity. In Geneva, she got to be a part of the Indigenous Caucus and chair it. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. "Copyright protection is automatic upon creation of the work. copyright guidelines "We have to protect our culture when collaborating. Social: Facebook Page Twitter Page. ICIP refers to all the rights that Indigenous people have, and want to have, to protect their traditional The following questions are intended as a guide to assist educational institutions in negotiations and consultations with Aboriginal communities. That's because ICIP rights are based in customary laws which are not recognised by the legal system. Arts Law Centre of Australia's website says copyright is "a bundle of economic rights which give [the] owner the exclusive right to do certain things in relation to the object it protects.". ICIP means Indigenous Cultural and Intellectual Property and refers to the rights of Indigenous peoples to access, control and maintain their cultural heritage, including traditional knowledge, traditional cultural expression and artefacts. A protocol may include guidelines on procedure, a code of behaviour or a set of rules on how to recognise and deal with ICIPR. The Indigenous Intellectual Property Program grant supports Indigenous peoples' IP awareness and capacity building as well as participation in the development and implementation of law, policy and programs at both the domestic and international level relating to the relationship between IP and the protection of Indigenous knowledge and cultural expressions. It covers a lot of areas. An agreement outlining the conditions of consent should be obtained from the owner/s for projects to commence and continue. Centre for Indigenous Americas Studies. Consultations is … , a paper by Indigenous intellectual property (IP) firm Terri Janke and Company, a copy can be found here: Education Licences (Statutory and Voluntary Licences), How to clear rights (where there is no Statutory Licence or Voluntary Agreement in place), National Educational Access Licence for Schools (NEALS), Newsletters: Copyright news for Australian Schools and TAFEs, https://www.ipaustralia.gov.au/about-us/news-and-community/news/indigenous-knowledge-issues-protection-and-management. Does the community understand the aims, objectives and methodology of the project? Indigenous cultural and intellectual property. The Smartcopying website has been produced by the National Copyright Unit on behalf of the Copyright Advisory Groups (Schools and TAFEs). This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. If someone copies that and distributes it, they now own that image. This article aims to give both an overview as well as to develop certain critical thinking tools that can help a reader engage with the complexity and diversity of Indigenous knowledge and intellectual property rights. ICIP includes traditional knowledge, traditional cultural expression and … As best practice, any projects involving Aboriginal cultural expression should be negotiated with the owner/s using appropriate protocols which include: An Aboriginal perspective should be sought on all issues surrounding the proposal. The World Intellectual Property Organization, has also organized an important seminar on the Protection of Intellectual Property of Indigenous Peoples, in 1999 and has meanwhile undertaken a study of customary intellectual property laws, which I believe reflects a more promising direction for future international discussion and action than attempts to negotiate universal substantive standards. ICIP or Indigenous Cultural and Intellectual Property, refers to the cultural heritage of Aboriginal and Torres Strait Islander people. For copyright, however, it's a different story. In addition, there are many different Indigenous Australian groups. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution 4.0 International Licence. Her very own artwork was used to design the interior of a Polish hotel. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. Something she wasn't aware of until she came across it on a google search. Indigenous cultural and intellectual property is collectively owned, socially based, and evolving continuously. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. It considers the cultural This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. Based on the right to self-determination, ICIP rights are Indigenous People’s rights to their heritage and culture. Join us as we listen, learn and share stories from across the country, that unpack the truth-telling of our history and embrace the rich culture and language of Australia's First People. Challenges for the protection of traditional knowledge and genetic resources, traditional cultural expressions, and traditional knowledge of indigenous peoples in the international scenario. culture Indigenous cultural and intellectual property (ICIP) rights refer to Indigenous people’s rights to their cultural heritage. • Indigenous cultures are dynamic and evolving and protocols within each group and community change. At its simplest, indigenous intellectual property rights may be considered the overall culture of a people, handed down from generation to generation, most often by oral tradition, but sometimes also by some a kind of written means. The development and use of protocols is becoming common practice in government and the corporate sector. The nature and use of indigenous peoples' heritage is passed down from generation to generation. documentation of indigenous peoples' heritage in archives, commercialise ICIPR in accordance with traditional laws and customary obligations, benefit commercially from the authorised use of ICIPR, the period of copyright protection is finite and is unable to protect traditional art which has been passed through generations, All Aboriginal people are entitled to respect for their culture, All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people, Aboriginal people have the right to protect and manage the use of their cultural heritage and expression, Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression, Aboriginal people have a right to Government support in the protection and maintenance of their cultural heritage and expression. We acknowledge that displaying Indigenous cultures via an online platform creates more opportunity for appropriation of traditional knowledge and traditional cultural expression belonging to Aboriginal and Torres Strait Islander peoples (known as Indigenous Cultural and Intellectual Property or ICIP). 9 Indigenous cultural and intellectual property workshop, Oxfam Australia, presented by Terri Janke, Nov 2006 . immoveable cultural property - sacred sites, burial grounds. "A lot of art is found in the public domain, for example, rock art. The best non-legislative means of dealing with ICIPR is to develop an organisational cultural protocol. The intersection of the intellectual property (IP) system and the protection of Indigenous knowledge and cultural expressions is receiving increasing attention within Indigenous communities in Canada, among government policy-makers and in international trade and policy fora. UN Declaration on the Rights of Indigenous Peoples - Article 31 1. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. Have you acted in good faith and respected the privacy of Aboriginal peoples and communities? Xwi7xwa Library Guide Xwi7xwa Library. Indigenous cultural heritage and intellectual property. Terri Janke is a lawyer and managing director of a Sydney-based law firm specialising in Indigenous cultural and intellectual property. Ms Barba said her desert flowers represented "women's business" in a contemporary abstract rendition. All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people; Aboriginal people have the right to protect and manage the use of their cultural heritage and expression; Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression Indigenous cultural heritage and intellectual property. the project will not result in damage to Aboriginal cultural integrity; and. 1. Creative Commons Attribution 4.0 International Licence. Refers to all aspects (both tangible and intangible) of Indigenous peoples’ cultural heritage, the nature and use of which has been transmitted or continues to be transmitted from generation to generation of indigenous people with a region. ICIPR is a reference to indigenous peoples' rights to their heritage. Level 7, 105 Phillip St, Parramatta Does the community understand how the outcomes of the project will be used? ", "And that ICIP from my grandmother was tarnished.". Cultural practices including Welcome to Country are intellectual property of Aboriginal communities and individuals. "Copyright ownership is 70 years after the death of the author. "For them to take that and translate it into a carpet, and take it apart … I was just devastated. 11.6 The Myer Report into the contemporary visual arts noted that for Indigenous cultures, intellectual property rights are an integral component of their cultural heritage. "There are gaps in the law which mean that unless Indigenous people can meet the requirements of intellectual property laws like copyright, their rights are unprotected and open to exploitation," the Terri Janke and Company website states. Does your nominated Aboriginal community representative have the authority to speak for or on behalf of the proposed project? ›› Her visual storytelling uses knowledge and motifs passed down from her grandmother. Tel: 02 7814 3855 Ms Barba says by valuing and respecting Indigenous culture. Internationally, the Intergovernmental Committee (ICG) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore at the World Intellectual Property Organisation (WIPO) is finalising an agreement on international instruments for protecting Indigenous cultural material and heritage.

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