Mackay, Erin --- "Indigenous Traditional Knowledge, Copyright and Art-Shortcomings in Protection and an Alternative Approach" [2010] UNSWLRS 15

University of New South Wales Faculty of Law Research Series

[Index] [Search] [Download] [Help]

---

Indigenous Traditional Knowledge, Copyright and Art-Shortcomings in Protection and an Alternative Approach [2010] UNSWLRS 15 (2 April 2010)

Last Updated: 30 May 2010

,

This paper will shortly be available for download.

Citation

This paper was published in UNSW Law Journal, Vol. 32, pp. 1-26, 2009.

Abstract

Whether Anglo-Australian intellectual property laws can adequately protect Indigenous traditional knowledge has sparked much debate. Part I of this paper examines the interaction between copyright law and Indigenous art, and argues that an approach based on copyright is largely misconceived and wrongly discourages a consideration of mechanisms that lie outside copyright law. There are possibilities beyond copyright that need to be explored, including a ‘sui generis’ framework of rights. Part II of the paper focuses on such a framework-in particular, what is intended to be achieved by such an approach and whether such a framework should be implemented in Australia is considered.