Digital Rights/Indigenous Knowledge

Moahi, K. H. (2004). Copyright in the Digital Era and Some Implications for Indigenous Knowledge. African Journal Of Library, Archives & Information Science, 14(1), 1-14.

Moahi, University of Botswana, Department of Library and Information Studies, discusses copyright, fair use, and copyright and fair use in the digital era based upon the United Nation’s World Intellectual Property Organization (WIPO).  A unique indigenous knowledge (I.K.) or traditional knowledge discussion presents definitions, South African examples, and the concept of community ownership of knowledge.  Copyright and Fair Use information is thorough and general to the needs of the information manager, basing most decisions in WIPO and United States courts.  Moahi’s unique discussion is of indigenous language is of interest to overseers of indigenous collections.  Indigenous Knowledge is defined as “a body of knowledge belonging to communities or ethnic groups, shaped by their culture, traditions and way of life.”   Its characteristics:  not owned by one individual; passed orally; and it has the potential to provide economic returns.  Indigenous knowledge is perceived as collective property and owned by communities.  Many times the owner of the knowledge is a specific custodian or a chief.  Preservation of IK is a major issue.  Preservation requires documenting it.  The IK being in fixed format is automatically copyrighted.  Historically, historians or anthropologists who documented material have been credited owners of the culture, traditions, way of life and indigenous knowledge. WIPO has some procedures in place, yet has not established regulations preventing abuse and piracy.

Handling Native American Archival Materials

Underhill, K. J.(2006).  Protocols for Native American archival materials.  RBM:  a Journal of Rare Books, Manuscripts, and Cultural Heritage.  7(2), 134-145.

A document titled Protocols for Native American Archival Materials was drafted in 2006 by fifteen Native American, First Nation, and Aboriginal information professionals and scholars and four non- Native archivists to develop positive standards to be used by non-tribal libraries and archives when dealing with Native American materials or artifacts.  The article is good foundation knowledge to one new to cultural sensitivity, although a more current version should be out.  A human resource could use this in a cultural sensitivity training.  This meeting created a document to be “submitted to professional organizations and communities for comment, refinement, and endorsement.”  10 topics are explained simply to help a non indigenous person understand the unique differences with bands, tribes, and communities. The librarian or archivist will not necessarily know issues which may hurt or injure tribal members by the handling of artifacts unless asked.  The topics are explained with examples with a native perspective.  International indigenous declarations were shared to discuss similarities and progress on teaching sensitivity and awareness to cultural artifacts.  Progress has been made with ethical codes and cultural sensitivity and respect in the Society of American Archivists, American Association for State and Local History, American Anthropological Association and the Oral History Association.  The content was organized in “10 policy, legal, and human rights topics”.  The topics are as follows:  The importance of consultation with and concurrence of tribal communities in decisions and policies; understanding Native American values and perspectives; rethinking public accessibility and use of some materials; the need to recognize and provide special treatment for culturally sensitive materials; providing culturally responsive context; the role of intellectual and cultural property rights;  the need to consider copying, sharing, and / or repatriation of certain materials; the recognition of community-based research protocols and contracts; reciprocal education and training; raising awareness of these issues within the information professions.