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Minding culture : case studies on intellectual property and traditional cultural expressions / prepared by Terri Janke for the World Intellectual Property Organization
Bib ID 7796478
Format BookBook, OnlineOnline [text, volume]
Author
Janke, Terri, author
 
Online Versions
Description Geneva : World Intellectual Property Organization, 2003 
170 pages : colour illustrations ; 30 cm 
Invalid ISBN 9280511892 (paperback)
Series

WIPO publication ; no. 781(E).

Study (World Intellectual Property Organization) ; no. 1.

Summary

Presents case studies as examples of Indigenous Australians exploring and using intellectual property laws for the protection of their arts and cultural expressions; the case studies report on use of copyright, trademarks and designs; studies show shortfalls in the system; each study looked at traditional cultural expressions (TCEs); decision making and consent before action taken; rights and remedies; customary law and regimes; benefits sought; financial, legal and operational questions; third parties affected; effect on dissemination, promotion and innovation of TCEs of action taken; commercialisation of TCEs; expected results of actions; lessons learned if intellectual property rights enforced; conclusions from study; notes other ways to protect intellectual property.

"In 1993, imported carpets reproducing copyright works of Indigenous artists were found to be infringements of each Indigenous artist’s works. The artistic works embodied pre-existing cultural clan images that were, in some instances, altered by the carpet manufacturer, thereby distorting the cultural message of the works. The artists instituted a copyright action against the company which had imported the carpets, Indofurn Pty Ltd (“Indofurn”), successfully winning their case. This case resulted in the landmark Federal Court decision M*(deceased) v Indofurn,1 representing an accommodation of copyright law to protect Indigenous art and cultural expression. Banduk Marika is an Aboriginal artist from Yirrkala. Of the artists that initiated the case, she is the only artist who is still living. Her work Djanda and the Sacred Waterhole was copied directly from an educational portfolio produced by the National Australian Gallery. This study will examine the case with reference to Banduk Marika’s work and the underlying traditional knowledge of her people, the Rirratingu clan."--Introduction.

"In 1993, imported carpets reproducing copyright works of Indigenous artists were found to be infringements of each Indigenous artist’s works. The artistic works embodied pre-existing cultural clan images that were, in some instances, altered by the carpet manufacturer, thereby distorting the cultural message of the works. The artists instituted a copyright action against the company which had imported the carpets, Indofurn Pty Ltd (“Indofurn”), successfully winning their case. This case resulted in the landmark Federal Court decision M*(deceased) v Indofurn,1 representing an accommodation of copyright law to protect Indigenous art and cultural expression. Banduk Marika is an Aboriginal artist from Yirrkala. Of the artists that initiated the case, she is the only artist who is still living. Her work Djanda and the Sacred Waterhole was copied directly from an educational portfolio produced by the National Australian Gallery. This study will examine the case with reference to Banduk Marika’s work and the underlying traditional knowledge of her people, the Rirratingu clan."--Introduction.

Full contents
  • Introduction
  • Case study 1. The carpets case
  • Case study 2. Use of trade marks to protect traditional cultural expressions
  • Case study 3. Bulun Bulun & Anor v. R & T Textiles Pty Ltd
  • Case study 4. Industrial designs and their application to indigenous cultural material
  • Case study 5. Protection of indigenous dance performances
  • Case study 6. Unauthorized reproductions of Indigenous rock art
  • Case study 7. Marketing and merchandising of art
  • Case study 8. Indigenous arts certification mark.
 
Notes

Includes bibliographical references.

Also available online. Address as at 13/08/2018: http://www.wipo.int/edocs/pubdocs/en/tk/781/wipo_pub_781.pdf

Subjects Marika, Banduk, 1954-  |  Australia. Federal Court. Bulun Bulun v. R & T Textiles.  |  Desart Inc.  |  Trademarks -- Australia.  |  Design protection -- Australia.  |  Cultural property -- Protection -- Law and legislation -- Australia.  |  Intellectual property -- Australia.  |  Indigenous peoples -- Legal status, laws, etc. -- Australia  |  Intellectual property -- Australia -- Case studies.  |  Aboriginal Australians -- Legal status, laws, etc -- Case studies.  |  Aboriginal Australians -- Intellectual life -- Case studies.  |  Cultural property -- Protection -- Laws and legislation -- Case studies.  |  Law - Intellectual property.  |  Economic sectors - Manufacturing - Textile, clothing and footwear industry.  |  Cultural heritage - Ownership issues.  |  Law - Indigenous.  |  Indigenous knowledge.  |  Cultural property -- Protection -- Law and legislation.  |  Indigenous peoples -- Legal status, laws, etc.  |  Intellectual property.  |  Law - Indigenous.  |  Economic sectors - Manufacturing - Textile, clothing and footwear industry.  |  Indigenous knowledge.  |  Cultural heritage - Ownership issues.  |  Law - Intellectual property.  |  Australia.  |  Australian
Other authors/contributors World Intellectual Property Organization, issuing body
Also Titled

Case studies on intellectual property and traditional cultural expressions

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Aboriginal, Torres Strait Islander and other First Nations people are advised that this catalogue contains names, recordings and images of deceased people and other content that may be culturally sensitive. Please also be aware that you may see certain words or descriptions in this catalogue which reflect the author’s attitude or that of the period in which the item was created and may now be considered offensive.