Cultural and Intellectual Property Rights: A Pathfinder for Native People, Students, Educators and the General Public

Introduction

Pathfinder

 

Annotated Bibliography of Pathfinder Resources

Citation Format:

MLA Style Guide: The Documentation Style of the Modern Language Association. (Sept. 1999) Online. Internet. 8 April 2002. Available FTP: http://www.newark.ohio-state.edu/~osuwrite/mla.htm

 

(1) Alaskan Native Knowledge Network. “The Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples” (June 1993) Online. Internet. 8 April 2002. Available FTP: http://www.ankn.uaf.edu/mataatua.html

The Nine Tribes of Mataatua in the Bay of Plenty Region of Aotearoa, New Zealand convened the First International Conference on the Cultural and Intellectual Property Rights of Indigenous People in 1993. At this conference over 150 indigenous representatives from 14 countries met to discuss issues such as the value of indigenous knowledge, biodiversity, arts, music, language, and other spiritual and cultural forms. The participants drafted the The Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples at the conclusion of the conference.

(2) Alaskan Native Knowledge Network. “Welcome to Cultural and Intellectual Property Rights” Online. Internet. 8 April 2002. Available FTP: http://www.ankn.uaf.edu/rights.html

The Alaskan Federation of Natives and the University of Alaska with the support of the National Science Foundation sponsors this site. These three organizations created the Alaskan Native Knowledge Network, and it serves as a resource for disseminating information related to Alaskan Knowledge Systems and Ways of knowing. The intellectual and cultural property rights portion of this site provides useful links to information, guidelines and principles related to the protection of cultural and intellectual rights of all indigenous people.

(3) “American Indian Ritual Object Repatriation Foundation” Online. Internet. 8 April 2002. Available FTP: http://www.repatriationfoundation.org/

The American Indian Ritual Object Repatriation Foundation is a non-federally funded organization working to return cultural objects to native people. The foundation states that their organization has three roles, those of a facilitator, an educator and a resource. This site contains articles and back issues of the organization’s newsletter, which is devoted to repatriation issues. It also contains links to related resources that would be useful to anyone interested in the topic of repatriation, and primarily useful to any group trying to locate and acquire a lost cultural object.

(4) ArtNatAm. "Indian Arts and Crafts Act of 1990: Public Law 101-664" Online. Internet. 8 April 2002. Available FTP: http://www.artnatam.com/law.html

This site contains the complete text of the Indian Arts and Crafts Act of 1990. This law defines the nature and Indian origin of the products that the law covers. It also sets forth procedures for carrying out the law. This law provides a degree of protection for the creators of native objects. 

(5) “Arts and Crafts Act” Raven in the Moon: An Aboriginal On Line Magazine. (Winter 2001-2002) Online. Internet. Available FTP: http://www.raveninthemoon.bc.ca/artcraftact.html

Raven in the Moon is an online magazine representing Aboriginal art and the views of Aboriginal authors and artists. The “Arts and Crafts Act” article provides a concise, non-legalistic, explanation of the Arts and Crafts Act of the 1990. Reading this article provides a good introductory understanding of the IACA.   

(6) AusAnthrop. “Some Interesting Links on Repatriation and Cultural Property Right Issues” (2002) Online. Internet. 8 April 2002. Available FTP: http://www.ausanthrop.net/research/repatriation.php

While the AusAnthrop site is a resource primarily for anthropologists, it does contain information of interest to Native people.  Much of the information provided here focuses on the indigenous people of Australia, but the “links on repatriation and cultural property right issues” provide access to information on international conventions, declarations, acts, and institutional guidelines. Although the compiler of the web page warns that some of the links may be obsolete, most of the links are still functional and contain useful information with an international perspective.

(7) “Declaration of War Against Exploiters of Lakota Spirituality.” (June 1993) Online. Internet. 8 April 2002. Available FTP: http://puffin.creighton.edu/lakota/war.html

At the Lakota Summit V in 1993, people from U.S. and Canadian Lakota, Dakota and Nakota Nations drafted the “Declaration of War Against Exploiters of Lakota Spirituality.” The declaration is a controversial document, and this site provides the text of the declaration, along with links to dissenting and supporting commentary by both Native and non-Native peoples.

(8) Crafts News” Washington D.C.: The Crafts Center, 12.48 (Summer, 2001) Online. Internet. 8 April 2002. Available FTP: http://www.craftscenter.org/news/cnews/CN48.pdf

The Crafts Center is an international, non-profit organization that seeks to assist low-income artisans. In this issue of the organization’s newsletter, the focus is on the intellectual property rights of artisans worldwide. Of special interest is an article entitled, “Intellectual Property Rights and the Native American Experience” by Betsey Fowler.

(9) Harding, Sarah. “Justifying Repatriation of Native American Cultural Property” (May 1997) Online. Internet. 8 April 2002. Available FTP: http://www.law.indiana.edu/ilj/v72/no3/harding.html

Written by Sarah Harding, an Associate Professor at the Chicago-Kent College of Law, this paper addresses the Native American Graves Protection and Repatriation Act of 1990 and provides three legal arguments in support of repatriation. This paper provides a highly legalistic and academic perspective, and is very useful for in-depth information NAGPRA.

(10) Jean, Terry. “Cultural Theft: When Honoring and Borrowing One's Cultural Identity Turns Into Thievery” Native News Online (Aug. 2001) Available FTP:http://www.wildhunt.org/myth/nativetruth.html

Originally published in Native News Online, an online native new source published by Barefoot Connections Inc, a non-profit based out of Michigan, this personal essay has been reproduced numerous times on various Native websites. The author first recounts personal experience, then goes on to divide various degrees of cultural theft into three categories of culprits: “wanabes,” “twinkies,” and “exploiters.”

(11) Midwest Treaty Network. “Readings on Cultural Respect” Online. Internet. 8 April 2002. Available FTP: http://www.alphacdc.com/treaty/r-explt.html

The Midwest Treaty Network is an alliance of Indian and non-Indian groups supporting Native American sovereignty. The website’s “Readings on Cultural Respect” is a collection of essays and poetry by American Indians that address issues of cultural property and native spirituality.

(12) National NAGPRA. “National NAGPRA Database” (April 2002) Online. Internet. 8 April 2002. Available FTP: http://www.cast.uark.edu/other/nps/nagpra/nagpra.html

The “National NAGPRA Database” is maintained by the National Parks Service’s National Center for Cultural Resources. The database contains documents related to the Native American Grave Protection and Repatriation Act of 1990. The documents are organized into the following categories: “Legal Mandates,” “Guidance,” “Notices,” and “Review Committee” documents.

(13) Native American Grave Protection and Repatriation Act (1990). Online. Internet. 8 April 2002. Available FTP: http://www.cast.uark.edu/other/nps/nagpra/DOCS/lgm003.html

This site contains the complete text of the Native American Grave Protection and Repatriation Act of 1990. This law provides a degree of protection for Native American Graves.

(14) “Some Illuminating Quotes” Raven in the Moon: An Aboriginal Online Magazine (Winter 2001-2002) Online. Internet. 8 April 2002. Available FTP: http://www.raveninthemoon.bc.ca/cappropriate.html

Raven in the Moon is an online magazine representing Aboriginal art and the views of Aboriginal authors and artists. This article presents several Native people’s opinions on cultural property rights.

(15) Strom, Karen M. "A Line in the Sand" (Feb. 2002) Online. Internet. 8 April 2002. Available FTP: http://www.hanksville.org/sand/index.html

David Cole of NativeWeb, Jordan Dill of First Nations, Arlie Neskani of Rainbow Walker Music, Tara Prindle of NativeTech, and Karen Strom of Index of Native American Resources on the Web created this site as a place to debate and discuss issues of cultural identity, sovereignty, identity, and related issues. The links provided include resources on the following topics: “Sovereignty Issues,” “Cultural Property Issues,” “Legal Resources,” “Stereotypes,” and “Responses from the Indigenous Peoples.” This site contains a wealth of resources and is an essential source for anyone interested in learning more about the intellectual and cultural property rights of Native people.

(16) Strom, Karen M. "Cultural Property" (Feb. 2002) Online. Internet. 8 April 2002. Available FTP: http://www.hanksville.org/sand/cp.html

David Cole of NativeWeb, Jordan Dill of First Nations, Arlie Neskani of Rainbow Walker Music, Tara Prindle of NativeTech, and Karen Strom of Index of Native American Resources on the Web created this site as a place to debate and discuss issues of cultural identity, sovereignty, identity, and related issues. The "Cultural Property" section of the site contains numerous links to resources relating to issues such as, the suppression of indigenous cultures, the importance of indigenous languages, Native American art, the ownership of of indigenous cultures, and copyright issues.

(17) U.S. State Department. Bureau of Educational and Cultural Affairs. “International Cultural Property Protection” (March 2002) Online. Internet. 8 April 2002. Available FTP: http://exchanges.state.gov/education/culprop/

Maintained by the U.S. Department of State, this website provides information on the Convention on Cultural Property Implementation Act, as well as information on worldwide protection of cultural property, and U.S. responses to the Convention on Cultural Property Implementation Act. The links to “U.S. and International Laws” contain a great deal of information related to cultural and intellectual property rights legislation, both on the national and international levels.

(18) World Intellectual Property Organization. “About Intellectual Property” Online. Internet. 8 April 2002. Available FTP: http://www.wipo.org/about-ip/en/

The World Intellectual Property Organization is an international organization with 178 states as members. The organization’s mission is to promote and protect intellectual property rights.  The “About Intellectual Property” portion of the site, provides definitions and basic, easy-to-follow information on intellectual property, patents, trademarks, industrial designs, geographical indications, copyright and related rights.

(19) World Intellectual Property Organization. “Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore” Online. Internet. 8 April 2002. Available FTP: http://www.wipo.int/globalissues/index-en.html

The World Intellectual Property Organization is an international organization with 178 states as members. The organization’s mission is to promote and protect intellectual property rights. The “Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore” portion of the site contains information on intellectual property issues related to policy areas such as food and agriculture, biodiversity, and cultural policy. The resources contained in the “Biotech,” “Cultural Expressions” and “Traditional Knowledge” links are particularly relevant to Native intellectual property issues.