Abstract

http://ssrn.com/abstract=1485881
 
 

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Indigenous Traditional Knowledge, Copyright and Art-Shortcomings in Protection and an Alternative Approach


Erin Mackay


University of New South Wales (UNSW) - Faculty of Law

October 9, 2009

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.

Number of Pages in PDF File: 26

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Date posted: October 20, 2009  

Suggested Citation

Mackay, Erin, Indigenous Traditional Knowledge, Copyright and Art-Shortcomings in Protection and an Alternative Approach (October 9, 2009). UNSW Law Journal, Vol. 32, pp. 1-26, 2009. Available at SSRN: http://ssrn.com/abstract=1485881

Contact Information

Erin Mackay (Contact Author)
University of New South Wales (UNSW) - Faculty of Law ( email )
Kensington, New South Wales 2052
Australia
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