Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Wednesday, November 11, 2009

Traditional Knowledge and Copyright

Erin Mackay, University of New South Wales Faculty of Law, has published "Indigenous Traditional Knowledge, Copyright and Art-Shortcomings in Protection and an Alternative Approach," at 32 UNSW Law Journal 1 (2009).
 
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.

Download the article from SSRN here.

http://lawprofessors.typepad.com/media_law_prof_blog/2009/11/indigenous-traditional-knowledge-copyright-and-art-shortcomings-in-protection-and-an-alternative-approach---erin-mackay-univ.html

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