Law, Knowledge, Culture

Law, Knowledge, Culture
Author: Jane E. Anderson
Publisher: Edward Elgar Publishing
Total Pages: 269
Release: 2009-01-01
Genre: Law
ISBN: 1848447191

Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.

The Laws of Cool

The Laws of Cool
Author: Alan Liu
Publisher: University of Chicago Press
Total Pages: 586
Release: 2009-10-27
Genre: Science
ISBN: 0226487008

Knowledge work is now the reigning business paradigm and affects even the world of higher education. But what perspective can the knowledge of the humanities and arts contribute to a world of knowledge work whose primary mission is business? And what is the role of information technology as both the servant of the knowledge economy and the medium of a new technological cool? In The Laws of Cool, Alan Liu reflects on these questions as he considers the emergence of new information technologies and their profound influence on the forms and practices of knowledge.

True Tracks

True Tracks
Author: Terri Janke
Publisher: NewSouth Publishing
Total Pages: 533
Release: 2021-07-01
Genre: Law
ISBN: 1742245277

Indigenous cultures are not terra nullius — nobody’s land, free to be taken. True Tracks is a groundbreaking work that paves the way for respectful and ethical engagement with Indigenous cultures. Using real-world cases and personal stories, award-winning Meriam/Wuthathi lawyer Dr Terri Janke draws on twenty years of professional experience to inform and inspire people working across many industries – from art and architecture, to film and publishing, dance, science and tourism. What Indigenous materials and knowledge are you using? How will your project affect and involve Indigenous communities? Are you sharing your profits with those communities? True Tracks helps answer these questions and many more, and provides invaluable guidelines that enable Indigenous peoples to actively practise, manage and strengthen their cultural life. If we keep our tracks true, Indigenous culture and knowledge can benefit everyone and empower future generations. ‘Dr Terri Janke’s True Tracks is a fantastic resource for understanding and engaging with Indigenous art, culture and traditional knowledge.’ — Turia Pitt ‘Whether you’re a black CEO making an encrypted ledger for an art co-op, or a white soccer mum making a multicultural Halloween costume, this book might spare you a lot of heartache down the track.’ — Tyson Yunkaporta ‘The definitive guide to producing, telling, showing, and making Australia.’ — Tara June Winch ‘Terri Janke’s book is the answer to the grand cultural theft perpetrated on Aboriginal and Torres Strait Islander peoples over more than two centuries.’ — Marcia Langton ‘True Tracks provides an authoritative guide that simplifies complex laws and cultural protocols, providing examples for those working in many sectors to enact key principles for Indigenous engagement, including respect and self-determination.’ — Anita Heiss

Law In and As Culture

Law In and As Culture
Author: Caroline Joan "Kay" S. Picart
Publisher: Rowman & Littlefield
Total Pages: 199
Release: 2016-03-04
Genre: Law
ISBN: 1611477220

There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.

Global Knowledge Cultures

Global Knowledge Cultures
Author:
Publisher: BRILL
Total Pages: 238
Release: 2007-01-01
Genre: Education
ISBN: 9087903243

Global Knowledge Cultures provides a collection of accessible essays by some of the world’s leading legal scholars, new media analysts, techno activists, library professionals, educators and philosophers. Issues canvassed by the authors include the ownership of knowledge, open content licensing, knowledge policy, the common-wealth of learning, transnational cultural governance, and information futures.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region
Author: Christoph Antons
Publisher: Kluwer Law International B.V.
Total Pages: 421
Release: 2009-01-01
Genre: Law
ISBN: 9041127216

Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

Culture and International Economic Law

Culture and International Economic Law
Author: Valentina Vadi
Publisher: Routledge
Total Pages: 307
Release: 2015-02-11
Genre: Law
ISBN: 1317910753

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Knowledge Cultures

Knowledge Cultures
Author:
Publisher: BRILL
Total Pages: 174
Release: 2016-08-01
Genre: Religion
ISBN: 940120294X

This volume compares the western ideas of knowledge with the African. It aims at creating a mirror through which the western knowledge culture can look at itself through an unusual and interesting angle. The culture of Sub-Saharan Africa is the substance from which we, in this book, have tried to construe an epistemological mirror.

Intangible Cultural Heritage in International Law

Intangible Cultural Heritage in International Law
Author: Lucas Lixinski
Publisher: OUP Oxford
Total Pages: 295
Release: 2013-06-13
Genre: Law
ISBN: 0199679509

Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 126
Release: 2010
Genre: Law
ISBN: 9280520164

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.