INDIGENOUS COPYRIGHT CONCEPTS AND INDIGENOUS DATA SOVEREIGNTY: HOW LIBRARIES AND ARCHIVES CAN SUPPORT IT *

93 Pages Posted: 18 Jan 2024 Last revised: 22 May 2024

See all articles by rebecca chapman

rebecca chapman

University at Buffalo Law School

Rebecca Plevel

University of Denver Sturm College of Law; University of South Carolina - Joseph F. Rice School of Law

Date Written: January 16, 2024

Abstract

U.S. copyright law does not account for Indigenous knowledge. These items, such as stories, dances, songs, and oral teachings are data and works authored by a sovereign community, not just individuals. Indigenous data sovereignty provides that data and cultural knowledge are subject to Tribal protections. Tribes have the right as a sovereign nation to govern the collection, ownership, and application of its own data and cultural knowledge. Assimilating Indigenous knowledge into non-Indigenous works is a copyright issue from an Indigenous perspective. Librarians can identify these Indigenous copyright issues to support local Indigenous Peoples and promote efforts toward achieving Indigenous data sovereignty.

Suggested Citation

chapman, rebecca and Plevel, Rebecca, INDIGENOUS COPYRIGHT CONCEPTS AND INDIGENOUS DATA SOVEREIGNTY: HOW LIBRARIES AND ARCHIVES CAN SUPPORT IT * (January 16, 2024). University at Buffalo School of Law Legal Studies Research Paper 2023-018, Available at SSRN: https://ssrn.com/abstract=4696866

Rebecca Chapman (Contact Author)

University at Buffalo Law School ( email )

School of Law
528 O'Brian Hall
Buffalo, NY 14260-1100
United States

Rebecca Plevel

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

University of South Carolina - Joseph F. Rice School of Law ( email )

1525 Senate Street
Columbia, SC 29208
United States

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