Related Research Guides
- Indigenous Research MethodologiesSee page on Indigenous Cultural & Intellectual Property.
Xwi7xwa Library Guide
UN Declaration on the Rights of Indigenous Peoples - Article 31
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
From Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Featured Video
Dr Tahu Kukutai (Te Mana Raraunga)
Te Ritorito 2017: 'Understanding indigenous data sovereignty: Opportunities and challenges for whānau, hapū and iwi wellbeing"
Selected Resources
Kayla Lar-Son, Indigenous Services and Programs Librarian at the University of British Columbia, presents “Data as Relation: Indigenous Data Sovereignty and Ethic of Care”
- Australian Indigenous Knowledge and Libraries [e-book]Martin Nakata & Marcia Langton, editors (2006).
- Indigenous Intellectual Property Rights: Legal Obstacles and Innovative Solutions [book]Call Number: PA R55 N35 2004
Non-circulating.
By Mary Riley (2004). - Indigenous Knowledge in Canada's Copyright Act (Canadian Federation of Library Association)Position statement on Indigenous Knowledge in Canada's Copyright Act (2018).
- Indigenous Knowledges: Local Priorities, Global ContextsInternational Federation of Library Associations and Institutions (IFLA) 2012 Presidential Programme.
- Indigenous Repatriation HandbookPrepared by the Royal BC Museum and the Haida Gwaii Museum at Kay Llnagaay (2019).
- Intellectual Property and the Safeguarding of Traditional Cultures (World Intellectual Property Organization)Offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. By Jane Anderson and Molly Torsen (2010).
- Intellectual property rights, legislated protection sui generis models and ethical access in the transformation of indigenous traditional knowledge [unpublished dissertation]Also available in print from X̱wi7x̱wa Library. Call Number: PA Y68 N74 2006.
By Gregory Younging (2006). - Keeping Cultures Alive: Archives and Indigenous Cultural and Intellectual Property RightsBy Terri Janke and Livia Iacovino (2012).
- Knight, Emma. 2017, “Unpacking the Museum Register: Institutional Memories of the Potlatch Collection Repatriation, Museum Worlds, Volume 5: Issue 1, pp. 35-47Working largely from archival documents, this article examines the material traces of the confiscated and repatriated Kwakwaka’wakw potlatch collection that remains in the museum register. I unpack the museum register to demonstrate that, in lieu of a predetermined repatriation process, museum staff relied instead on existing administrative processes to navigate this largely uncharted territory of repatriation in the 1960s. These highly formalized processes or rituals served to reaffirm institutional identity in the face of an uncontrollable element—repatriation. Using the museum register, this article provides a historical lens through which to view the personal and institutional shifts that were necessary for this early repatriation to occur. The contemporary repatriation ceremonies performed by Kwakwaka’wakw peoples and the contemporary significance of the repatriated regalia in Alert Bay and Cape Mudge point to the ways repatriation processes and relationships have changed over time.
- Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions. Geneva: The World Intellectual Property OrganizationEight case studies on protecting material and immaterial cultural expression, including textiles, rock art, dance, and more. By Terri Janke (2003).
- Octopus and Cannonball [video clip]Keynote presentation by Val Napoleon, Indigenous legal scholar. From IFLA 2012 Presidential Programme.
- Ownership, Control, Access and Possession (OCAP-tm)The Path to First Nations Information Governance (1-49).
Protocols for Museums, Libraries & Archives
Libraries and Archives
- Aboriginal and Torres Strait Islander Protocols for Libraries, Archives and Information ServicesGuide for practices of libraries, archives and information services in serving Aboriginal and Torres Strait Islander people and handling materials with Aboriginal and Torres Strait Islander content.
- Culturally Responsive Guildelines for Alaska Public LibrariesGuidelines for engaging the informational, educational and cultural interests of Alaska Native users and communities. Developed by library directors at a workshop facilitated by Dr. Lotsee Patterson (2001).
- Protocols for Aboriginal and Torres Strait Islander CollectionsState Library of Queensland (Australia)
- Protocols for Native American Archival Materials, First Archivists CircleGuide to practices for culturally responsive care and use of Native American archival material held by non-tribal organizations. (First Archivists' Circle 2007).
- SAA Endorsement of Protocols for Native American Archival MaterialsIn August 2018, the Society of American Archivists (SAA) endorsed the Protocols for Native American Archival Materials, stating, "We regret and apologize that SAA did not take action to endorse the Protocols sooner and engage in more appropriate discussion."
Museums
- ATSIDA (Aboriginal & Torres Strait Islander Data Archive) Protocols (University of Technology Sydney & Jumbunna House of Learning)Protocols for the preservation, access, reuse and repatriation of research data relating to Aboriginal and Torres Strait Islander communities. (Aboriginal and Torres Strait Islander Data Archive).
- Indigenous Repatriation HandbookPrepared by the Royal BC Museum and the Haida Gwaii Museum at Kay Llnagaay (2019).
- Turning the Page: Forging New Partnerships Between Museums and First Peoples = Tourner la Page: Forger de Nouveaux Partenariats Entre Les Musees et les Premieres NationsA process of consultation between First Peoples and Museums and the resulting recommendations for an ongoing working partnership.
- UBC Museum of Anthropology Culturally Sensitive Material Management GuidelinesMOA recognizes that these objects may have a non-material side embodying cultural rights, values, knowledge and ideas which are not owned or possessed by MOA, but are retained by the originating communities.
Traditional Knowledge Labels and Licenses
- Local ContextsAn initiative to support Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment. Local Contexts provides legal, extra-legal, and educational strategies for navigating copyright law and the public domain status of this valuable cultural heritage, including Traditional Knowledge Labels and Licenses.
- Christen, K. (2015). Tribal Archives, Traditional Knowledge, and Local Contexts: Why the “s” Matters. Journal of Western Archives, 6(1).Introduces the Local Contexts project and the Traditional Knowledge License and Label platform as one intervention into the arena of Indigenous intellectual property rights and the digital commons.