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.
Disciplines
Arts and Entertainment | Intellectual Property
Date of this Version
April 2010
Recommended Citation
Erin Mackay, "Indigenous Traditional Knowledge, Copyright and Art-Shortcomings in Protection and an Alternative Approach" (April 2010). University of New South Wales Faculty of Law Research Series 2010. Working Paper 15.
http://law.bepress.com/unswwps-flrps10/art15
Comments
This paper was published in UNSW Law Journal, Vol. 32, pp. 1-26, 2009. This paper may also be referenced as [2010] UNSWLRS 15.