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:
- Book
- Author:
- Janke, Terri, author
- Online Version:
- http://www.wipo.int/edocs/pubdocs/en/tk/781/wipo_pub_781.pdf
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- 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.
- 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
- Subject:
-
- 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
- Australia
- Australian
- Other authors/contributors:
- World Intellectual Property Organization, issuing body
- Also Titled:
- Case studies on intellectual property and traditional cultural expressions
- Copyright:
-
In Copyright
You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 2003
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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