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Digital Copyright and Cultural Ownership"Traditional Knowledge exists. Intellectual Property is invented." - Greg Young-Ing Intellectual property is, by its very nature, an abstraction. It is not land. It is not money. It is not even the objects encompassed in its purview. Yet this same abstraction is a source of contention between authors, consumers, publishers, and governments, all of whom hold an interest in what intellectual property can be said to represent (Murray & Trosow, 2007, p. 3). Increasingly, intellectual property is also being drawn into ideological constructs of culture and heritage. This development is especially important for Indigenous and Aboriginal groups. Many different Indigenous peoples, having borne systemic colonization, grapple with the economic, political, ecological, and spiritual aftereffects of this experience. Some are beginning to retaliate against outsiders' appropriation of their symbols, techniques, artistry, and stories. To reestablish their rights under this power imbalance, some Indigenous people are seeking legal redress (Anderson, 2003, p. 19). Copyright is perceived as the most immediately compatible, if problematic, Western law for this purpose (Brown, 2003). In a time of digital access and ready replication of images and ideas, Indigenous people face new challenges in asserting their cultural rights (Brown, 2003, p. 35). This website was created to provide a cursory overview of the main issues and parties at stake in these debates. Given the depth and variety of arguments to be made on the subject, this site is anything but comprehensive; it therefore cannot pretend to present views from all sides. A fuller discussion would necessitate a review of relevant case law and the intricacies of current international declarations and treaties. Nevertheless, the "References" page offers a bibliography that can be used as an entry point to works by a handful of the subject's major contributors. For those unfamiliar with the issues at hand, perhaps this site can help frame future inquiry. | |