Relevant bibliographies by topics / Indigenous peoples' copyright

Academic literature on the topic 'Indigenous peoples' copyright'

Author: Grafiati
Published: 4 June 2021
Last updated: 31 January 2023

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Journal articles on the topic "Indigenous peoples' copyright"

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HANDAYANI, Emy, I. G. A. Gangga Santi DEWI, and Andri KURNIAWAN. "INTELLECTUAL PROPERTY RIGHTS (IPR) SOCIALIZATION OF SASAK TRADITIONAL SOCIETY’S SUBHANALE WOVEN FABRIC IN CENTRAL LOMBOK." ICCD 3, no. 1 (October 10, 2021): 88–93. http://dx.doi.org/10.33068/iccd.vol3.iss1.308.

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This community service activity is motivated by the work of indigenous peoples in the form of Subhanale woven fabric that do not yet have intellectual property rights (copyright). With the progress of the times and the incessant amount of information, it is very necessary for the Sasak indigenous people to protect the works of indigenous peoples that already exist from generation to generation, so that this community service activity has the aim of (1) providing an understanding of the importance of maintaining their creations, (2) encouraging traditional society leaders and village officials to immediately register the intellectual property rights (copyright) of Subhanale woven fabric.This activity is a regulations socialization so that indigenous peoples know that the intellectual property rights (copyright) of their works can be protected by the government. It can be seen from the artworks owned by the Sasak people in the form of woven fabrics with the Subhanale pattern which are very popular with the public even from abroad. Because there is no intellectual property right (copyright) for the work, it is vulnerable to be claimed by other parties who are not entitled to it. The conclusion of this socialization activity received a positive response from the community, which was marked by understanding the copyright importance of their work and will immediately manage the intellectual property rights (copyright) with support from local academics and other related parties so that indigenous peoples get legal recognition of their artworks.
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Yonatan, Christina Ella, and Xavier Nugraha. "Analysis on the Legal Force of Copyright Registration Document as Evidence of Ownership of Indigenous Land." Yuridika 36, no. 1 (January 1, 2021): 15. http://dx.doi.org/10.20473/ydk.v36i1.18413.

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Registration of copyright patent or registration is a letter approved and issued by the Ministry of Law and Human Rights for copyright. To protect the rights to indigenous land, the Moi tribal community has registered 2 (two) registrations that have been issued by the Ministry of Law and Human Rights, including 1) Registration of copyright with types of creation: Database and title of work: Results of the Open and Close Tribe Meeting with the head of the Tribe Council of Malamoi Sorong and Indigenous Peoples of the Moi Tribe on the Status of Indigenous Land Ownership in the Sorong City Government Area on behalf of the Malibela Klawalu clan, the Kalagison Milo clan, the Mubalus clan, the Kalawaisa clan, the Bawela Mubalus clan, the Osok Malaimsimsa clan. , Marga Kalami Klaglas Klaglas On 10 April 2013. 2). Letter of Registration of copyright with the type of copyrights: Map of the 7 Boundary of the Moi Indigenous Land Owners in the Sorong City Area. Based on the document, the Moi tribal community used it as a basis to claim the lands in the Sorong City government territory were the indigenous land belonging to the Moi tribe. This study uses a statutory and conceptual approach. The results of this study are that the registration document does not have legal force as evidence to prove ownership of indigenous land rights. A letter of registration remains important if there are legal issues with copyright in the future. The document can be used as initial evidence to determine who has the rights to the subject or the copyright holder or ones who is more entitled to the subject.
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An’Amta, Dimas Asto Aji, Ismar Hamid, and Muhammad Luthfi Fahrizan. "Masyarakat Adat Balai Kiyu : Menghadapi Ancaman Eksistensi Di Tanah Sendiri." RESIPROKAL: Jurnal Riset Sosiologi Progresif Aktual 2, no. 1 (September 14, 2020): 39–53. http://dx.doi.org/10.29303/resiprokal.v2i1.25.

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The Balai Kiyu Indigenous People are the Dayak indigenous people who have long occupied the Meratus mountain region in South Kalimantan. These indigenous people have problems that will threaten their existence. The problem is not internal, but external parties overshadowing communal well-being. This study aims to analyze the threats that will be faced by the Balai Kiyu Indigenous Peoples to their existence and is expected to represent the threats that will be faced by indigenous peoples along the Meratus mountains. Based on the research results obtained, the threat to the existence of the Indigenous Peoples Kiyu Centers among them is, first, the boundaries of indigenous territories so far that has not been authorized by the regional or central government, making them very vulnerable communities. Secondly, the highly educated generation slowly began to abandon local wisdom that had been running for decades from its negative effects. Third, the Omnibus Law Bill on the Labor Copyright Act will clarify that indigenous peoples in the future will only be named, because of the loss of communal ownership rights so far.
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Neununy, Dolfries J. "Urgensi Omnibus Law (Undang-Undang Cipta Kerja) Terhadap Hak Masyarakat Adat di Wilayah Pesisir." Balobe Law Journal 1, no. 2 (October 28, 2021): 119. http://dx.doi.org/10.47268/balobe.v1i2.653.

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Introductioan: Substantial application of the Omnibus Law (Cipta Kerja) for the rights of indigenous peoples in coastal areas.Purposes of the Research: Reviewing and analyzing the impact of the Copyright Act on indigenous peoples in coastal areas.Methods of the Research: The research was conducted through normative legal research with a political approach to review and analyze legislation or other legal materials related to the Urgency of Omnibus Law on the Rights of Indigenous Peoples in coastal areas.Results of the Research: The presence of the Omnisbus Law will have a positive impact on the community from the aspect of legal knowledge that people belonging to the scientific community can understand the purpose of the government to implement the Omnisbus Law but from the other side the ordinary people who are in coastal areas and remote rural areas do not understand well the application of the Omnisbus Law so that protection is important.
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von Lewinski, Silke. "Intellectual property protection of folklore." Focaal 2004, no. 44 (December 1, 2004): 35–47. http://dx.doi.org/10.3167/092012904782311272.

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The possible protection of indigenous cultural expressions has reemerged as a topic in international debates in recent years. This article provides a legal perspective on the topic. Existing copyright and neighboring right laws do not apply to such cultural expressions per se, since they do not fulfill the relevant criteria of protection. However, indirect protection is granted to those who record indigenous expressions onto phonograms, films, and photographs, and for those who collect or perform indigenous cultural expressions. Protection concerning authenticity is possible by way of trademarks (in particular collective marks and certification marks) and geographical indications. Particular rules about unfair competition may protect against the disclosure of confidential information. Works based on traditional cultural expressions are regularly protected by copyright. Following early (unsuccessful) attempts for international protection of traditional cultural expressions per se, new ways are currently being developed including sui generis protection regimes which integrate customary laws and practices. Any successful solution will have to be based on better mutual interest and understanding between indigenous peoples and Western users.
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Karanja, Wanjiku. "Legitimacy of Indigenous Intellectual Property Rights’ claims." Strathmore Law Review 1, no. 1 (January 1, 2016): 165–90. http://dx.doi.org/10.52907/slr.v1i1.88.

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The notions of indigenous peoples, indigenous knowledge, and heritage and culture have acquired wide usage in international debates on sustainable development and intellectual property protection since the turn of the 20th century. This paper, through an examination of the concept of intellectual property and its intersection with culture and heritage, elucidates the nature and scope of indigenous intellectual property rights as represented by traditional knowledge, traditional cultural expressions and genetic resources. This paper, through a review of the interface between indigenous knowledge systems and the intellectual property law regime, illustrates the limitations of conventional intellectual property rights systems i.e.: copyright, patent, trade secrets and trademark in providing adequate recognition and protection for indigenous intellectual property rights. It also posits that the establishment of a sui generis system of protection offers a plausible solution to the inadequacy of the existing regimes of protection. This paper ultimately seeks to illustrate indigenous people’s legitimate rights to control, access and utilize in any way, including restricting others’ access to, knowledge or information that derives from their unique cultural histories, expressions, practices and contexts, towards the creation of a better society.
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Lehman, Kathryn. "Beyond Academia: Indigenous media as an intercultural resource to unlearn nation-state history." Revista Tempos e Espaços em Educação 10, no. 21 (March 15, 2017): 29–40. http://dx.doi.org/10.20952/revtee.v10i21.6330.

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This article proposes that settler communities cannot teach or understand our shared intercultural history without listening to ideas presented by Indigenous communities about their own history in lands currently occupied by modern nation- -states. This history enables us to understand the power of the ethnographic gaze and its relation to The Doctrine of Discovery (1493), which extinguished Indigenous rights to lands and resources, rights later transferred to the modern nation- -states through the legal notion of “eminent domain”. These rights include the ownership of intangibles such as the image and storytelling through photography and film. Maori scholars Linda Tuhiwai Smith, Barry Barclay and Merata Mita are cited on knowledge production, copyright and image sovereignty to decolonise our understanding of the right to self-representation. The study includes a brief analysis of films that help decolonise an ethnographic gaze at these relationships, particularly the Brazilian documentary “O Mestre e o Divino” by Tiago Campos Torre (2013).Keywords: Indigenous peoples. Nation-state history. Film. Self- -determination.
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Newcity, Michael. "Protecting the Traditional Knowledge and Cultural Expressions of Russia’s “Numerically-Small” Indigenous Peoples: What Has Been Done, What Remains to Be Done." Texas Wesleyan Law Review 15, no. 2 (March 2009): 357–414. http://dx.doi.org/10.37419/twlr.v15.i2.5.

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The fundamental question is how much interest exists in Russia to extend legal protection to traditional knowledge and traditional cultural expressions. There has been virtually no public, scholarly discussion of this issue in Russia. As far as my research reveals, this article is the first scholarly analysis in Russian or English of the protection of traditional knowledge and traditional cultural expressions under Russian law. At a technical governmental level, there is some interest in these issues. Specialists from the government of the Russian Federation participate in the work of WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, for example. But the interest of specialists in a government ministry does not necessarily translate into the political momentum necessary to make a major change in existing intellectual property legislation, and the political influence of Russia's numerically- small peoples is slight and in recent years has been made even slighter by the elimination of several autonomous okrugs in which the indigenous population represented a significant percentage of the total population. Changes in intellectual property law in the Soviet Union and post- Soviet Russia have usually occurred in response to international pressure. The Soviet Union acceded to the Universal Copyright Convention in 1973 and modified its copyright law, granting copyright protection to foreign authors for the first time, as part of trade negotiations with the United States. The adoption of new intellectual property statutes in 1992 and 1993 and the accession of Russia to the Berne Convention in 1995 are largely explained as a response to demands by the U.S. and other foreign governments and technology owners. Based on this track record, international pressure may represent the best strategy for encouraging the Russian government to expand the protection of the traditional knowledge and traditional cultural expressions of Russia's numerically-small peoples. But in the absence of such international pressure, the prospects for such a major revision of Russian intellectual property law seem remote.
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Bicskei, Marianna, Kilian Bizer, and Zulia Gubaydullina. "Protection of Cultural Goods— Economics of Identity." International Journal of Cultural Property 19, no. 1 (February 2012): 97–118. http://dx.doi.org/10.1017/s0940739112000070.

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AbstractThis article addresses the current international debate on the protection of cultural goods. Whereas some groups (such as indigenous peoples) are arguing for the creation of cultural property rights analogous to classic intellectual property rights such as patent and copyright, most industrialized countries advocate to keep cultural goods within the public domain. In this article, we develop an economic perspective based on identity and clarify the question of which cultural goods should be protected, regulated, or left in the public domain. We conclude that protection based on the concept of identity is required for a very limited scope of cultural goods.
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Damsar, Damsar. "Genealogy of Counterfeit Goods: The Indonesian Experience." Jurnal Ilmu Sosial Mamangan 11, no. 2 (December 1, 2022): 93–100. http://dx.doi.org/10.22202/mamangan.v11i2.6267.

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The purpose of this study is to find the genealogy of counterfeit goods from the Indonesian experience. This study uses genealogy as a method for understanding discourse, whether it is written in the library or spoken in terms of proverbs, words of wisdom, or social praxis that has become local wisdom. The genealogy of counterfeit goods in Indonesia was inseparable from the historical roots of global capitalism which were embedded through Auteurswet 1912. The term counterfeit goods is related to copyright and intellectual property rights in positive law vis a vis local wisdom and the socio-cultural history of indigenous peoples is related to imitative goods.
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Dissertations / Theses on the topic "Indigenous peoples' copyright"

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HUNTER, Andrew, and a. hunter@ecu edu au. "Philosophical Justification and the Legal Accommodation of Indigenous Ritual Objects; an Australian Study." Edith Cowan University. Community Services, Education And Social Sciences: School Of International, Cultural And Community Studies, 2006. http://adt.ecu.edu.au/adt-public/adt-ECU2006.0029.html.

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Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria.
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Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.

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The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.
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Hunter, Andrew G. "Philosophical justification and the legal accommodation of Indigenous ritual objects; an Australian study." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2006. https://ro.ecu.edu.au/theses/71.

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Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria.
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Pokhrel, Lok Raj. "Appropriation of Yoga and Other Indigenous Knowledge & Cultural Heritage: A Critical Analysis of the Legal Regime of Intellectual Property Rights." restricted, 2009. http://etd.gsu.edu/theses/available/etd-07092009-145552/.

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Thesis (M.A.)--Georgia State University, 2009.
Title from file title page. Gregory C. Lisby, committee chair; Kathryn Fuller-Seeley, Svetlana V. Kulikova, committee members. Description based on contents viewed Feb. 22, 2010. Includes bibliographical references (p. 158-167).
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Anderson, Jane Elizabeth. "The production of indigenous knowledge in intellectual property law /." 2003. http://www.library.unsw.edu.au/~thesis/adt-NUN/public/adt-NUN20050207.144548/index.html.

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Lin, Kai-chu, and 林愷筑. "The Authorship of Public in Copyright- Verifying the Authorial Collectivity embedded in the Traditional Intellectual Creations of Indigenous People." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/g29nm5.

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碩士
國立清華大學
科技法律研究所
105
Due to the special creating process and environment, the Traditional Intellectual Creation of Indigenous (hereafter “TICI”) often is denied with Copyright protection because of lacking individual authorship. This paper aims to focus on the authorial collectivity of TICI, namely the public authorship. As an essentially contested concept, Copyright is filled with contested conception, which enables public authorship model to be discussed in the Copyright discourse. The public can be considered as a co-author through the intent to be an author and the responsibility to preserve human social culture. By testing the Lockean Labour Theory on to Copyright reality, along with Locke’s other works which reveal his insight of Copyright, the fact that every author and original work is social constructed is self-evident. Finally, based on the doctrine of joint authorship in Copyright institution, whether the creation background community can be considered as co-author or not is discussible. Since the creating process of TICI is highly depending on the communal resource and cultural assets which constitute the public authorship. Following Multiculturalism and the purpose of advancing human social culture, TICI should be protected.
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Books on the topic "Indigenous peoples' copyright"

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Drahos, Peter. Indigenous Peoples' Innovation: Intellectual Property Pathways to Development. Canberra: ANU Press, 2012.

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2

Ramsauer, Thomas. Geistiges Eigentum und kulturelle Identität: Eine Untersuchung zum immaterialgüterrechtlichen Schutz autochthoner Schöpfungen. München: Beck, 2005.

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Jandhyala, Megha. The protection of indigenous and tribal culture in developing countries. 2007.

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Book chapters on the topic "Indigenous peoples' copyright"

1

"Copyright." In Indigenous People and Nature, iv. Elsevier, 2022. http://dx.doi.org/10.1016/b978-0-323-91603-5.12001-9.

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