Indigenous Peoples, Cultural Heritage, and the Law

Significant differences exist between Western and Indigenous societies, and their respective knowledge and legal systems affect heritage. 

This research theme investigates the application of intellectual property law to the realm of cultural heritage, as well as alternative models to protect, promote, and maintain tangible and intangible cultural heritage.

A number of legal systems coexist and often intersect with conventional (Western) intellectual property protections, including customary law, international law, informal or “vernacular” intellectual property, and moral economies. Thus, those seeking to use or safeguard Indigenous cultural heritage face a complex inter-jurisdictional geography of rules, rights, and protocols, including those articulated by multiple levels of non-Indigenous governments and institutions and by Indigenous peoples themselves, whether in the form of local communities, regional or national organizations, or international bodies (e.g., the UN Permanent Forum on Indigenous Peoples). This theme addresses these complex legal and political landscapes.

Photo: Group discussion at the "Transforming Colonial Categories? Customary Law, Legal Pluralism and the Cultural Heritage of Indigenous Peoples" Workshop, held at York University in January 2012; teepee structures in Alberta (photo: Claire Poirier); logo from the Traditional Knowledge Licenses and Labels project, supported by IPinCH. 

Events

Transforming Colonial Categories? Workshop Considering the meaning of customary law and its relationship, both in theory and in practice, to legal pluralism, cultural heritage and intellectual property rights.

Intellectual Property and Indigeneity: International Policy Making Between Neoliberalism and Human Rights Should indigenous peoples seek intellectual property protection? What are the alternatives?

Community Initiatives

Traditional Knowledge Licensing and Labeling Website 1.0 The Traditional Knowledge Licensing and Labeling Website 1.0, developed by IPinCH Associates Kim Christen and Jane Anderson, in collaboration with many others, is a project for the development of an accessible digital platform that will contain a set of standardized licenses and fair-use labels that can be applied to already existing and future generated content that contains community-recognized traditional and Indigenous knowledge.

Treaty Relations as a Method of Resolving IP Issues This case study examined the political relationship established between First Nations and Canada through historical treaties as a possible framework within which to consider issues associated with the appropriation or the taking of some thing without the consent of the owner. More specifically, the central focus of this study was on whether the treaty relationship included, either directly or indirectly, a shared understanding of how the cultural heritage of Indigenous peoples would be treated by Settlers and by the governments they established.

Blog Posts

The Appropriation of Aboriginal Cultural Heritage: Examining the Uses and Pitfalls of the Canadian Intellectual Property Regime By Vanessa Udy	The Hot, the Cold and the Eye-Opening Splendour of Canada By Jessica C. Lai
IPinCH PROFILE — Rosemary Coombe: Thinking Globally to Expand Local Possibilities

Readings

Intellectual Property and Legislation Bibliography (2002)

Videos & Podcasts

Teepees and Trademarks: Aboriginal Peoples, Stereotypes and Intellectual Property Speaker: Vanessa Udy Vanessa Udy explores the ways in which aboriginal peoples in Canada and the United States have used intellectual property laws to promote their cultural heritage and to protect it from negative stereotypes and cultural appropriation.	IPinCH Conversations / Cultural Commodification, the Law and Ethics Speaker: Catherine Bell In this video, legal scholar Catherine Bell chats with IPinCH Project Ethnographer Alexis Bunten following the IPinCH "Cultural Commodification, Indigenous Peoples & Self-Determination" symposium & workshop.
Heritage and Politics Speaker: Grand Chief Edward John Grand Chief Edward John shares his insight on issues of sovereignty, jurisdiction, and the protection of Indigenous culture.	Indigenous Cultural Heritage: Issues of Canadian Law Speaker: Catherine Bell Catherine Bell discusses the Tsilhqot'in ruling (2014), and explores how Canadian Aboriginal rights law and consultation is applied to First Nations heritage sites.
Commodification of Inuit Symbols and Potential Protection Mechanisms Speaker: Violet Ford The commodification of Inuit cultural symbols has been increasing. Much of this commodification is derogatory and is misappropriated without permission of the Inuit community.	Writing, Speaking and Performance: The Dialectic in the Law Speaker: David Stephenson This presentation explores the dialectic created between relatively recent written laws pertaining to the preservation and protection of cultural heritage, and the long-standing traditional oral practices and performances of peoples and communities whom these laws are intended to benefit.
IPinCH Speaker Series / Maui Solomon: Indigenous Rights and Cultural and Intellectual Property - Challenges Facing Maori and Moriori Today In this recording, IPinCH team member Maui Solomon discusses Indigenous rights and intellectual property with insights into the challenges facing Maori and Moriori in New Zealand and on Rekohu (Chatham Islands) today.	Managing Cultural Commodification from an Indigenous Perspective Speaker: Maui Solomon This presentation draws on examples from New Zealand and the Pacific to describe an Indigenous framework for protecting traditional users and their traditional knowledge.
Cultural Narratives of Victimhood Speaker: Ronald Niezen Ronald Niezen, Chair of Anthropology at McGill University, speaks about his current research project which looks at how cultural narratives of victimhood become articulated as a frame for mobilizing around aboriginal rights violation.	Indigenous Legal Pedagogy Speaker: Val Napoleon Val Napoleon, Law Foundation Professor of Aboriginal Justice and Governance at the Faculty of Law, University of Victoria, discusses the need for effective Indigenous legal pedagogy and the importance of a sustained engagement with Indigenous legal traditions.