[OpenGLAM] Fwd: [MCN-L] Te Papa releases over 30000 images for free in high resolution

Tue Jun 3 21:23:38 UTC 2014

Hi all,

What Rob said.

As it happens, we held a meeting with the GLAM sector to consider
these issues last November, with representatives from Te Papa and the
National Library explaining their policies. The minutes are here, if
anyone is interested:
http://wiki.creativecommons.org/images/4/47/CCANZ_Indigenous_Knowledge_Meeting_1_November_Minutes.pdf

Local Contexts have developed some licences and labels to help open up
some of this material: http://www.localcontexts.org/#learn-more. At CC
in New Zealand, we're also in the early stages of developing a similar
legal tool: http://creativecommons.org.nz/indigenous-knowledge/

For those who want more context, I've thrown in some paragraphs from
an off-line publication from our Ministry of Social Development:

"For many years indigenous and local communities have raised concerns about
misuse and misappropriation of traditional knowledge in general, and
particularly
the interaction of traditional knowledge with intellectual property
(IP) regimes.

Maori have raised similar concerns in the Waitangi Tribunal, as well
as internationally
through bodies such as World Intellectual Property Organization (WIPO).

These concerns can be considered from two perspectives:
>  The inability of conventional IP rights systems to both provide adequate
protection for traditional knowledge, or to limit the use of
traditional knowledge
to the appropriate holders of that knowledge only.
>  The acquisition by parties other than traditional knowledge holders of IP rights
over traditional knowledge-based creations and innovations.

Some of the aspirations expressed by indigenous people and communities
for the protection of cultural and spiritual taonga may not be compatible with
the objectives and purposes of IP legislation. For example IP rights are usually
limited in duration and involve disclosure to the public and the
eventual contribution
to the public domain. There are clearly limits in the extent to which
protection which
might be considered to meet the needs of indigenous communities, including Maori
communities, can be achieved within an IP framework.

Other examples of the diverging expectations, in terms of what an
effective level
of protection might include, relate to the requirement of “originality” and the
requirement to identify an individual (or commercial entity) as the
author/creator
of a work or innovation and vest IP rights in them. By contrast, the rights that
indigenous people often assert may be collective, rather than
individual, in nature
with traditional knowledge and traditional knowledge-based innovations and
practices possibly being developed incrementally over several generations."

Cheers,
Matt

On 4 June 2014 09:08, Rob Myers <rob at robmyers.org> wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA512
>
> rupert THURNER:
>> What might be the reason to treat indigenous work that way?
>
> I'm guessing to protect them from exploitation by wider society.
>
> Intellectual property regimes and traditional knowledge don't play
> nicely together.
>
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-- 
Matt McGregor
Public Lead
Creative Commons Aotearoa New Zealand
027 227 8668 | 64 4 4705 779
creativecommons.org.nz
groups.creativecommons.org.nz