ECONOMIC RIGHTS, CULTURE CLAIMS AND A CULTURE OF PIRACY IN THE INDIGENOUS ART MARKET: WHAT SHOULD WE EXPECT FROM THE WESTERN LEGAL SYSTEM?

Exploitation of Indigenous people and culture identified in submissions to the Indigenous art inquiry is not being addressed by the Australian Government – copyright law is based on private ownership and does not meet Indigenous community needs – degree of originality, artistic value or contribution...

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Bibliographic Details
Published in:Australian indigenous law review 2009-01, Vol.13 (2), p.35-58
Main Author: Bowrey, Kathy
Format: Article
Language:English
Subjects:
ARTS AND THE LAW
COMMENTARY
Commercial art
Communities
COPYRIGHT
Copyright laws
Copyrights
Ethical codes
Indigenous art
INDIGENOUS PEOPLE
INTELLECTUAL PROPERTY
Intellectual property law
Piracy
Trade legislation
Visual arts
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Summary:Exploitation of Indigenous people and culture identified in submissions to the Indigenous art inquiry is not being addressed by the Australian Government – copyright law is based on private ownership and does not meet Indigenous community needs – degree of originality, artistic value or contribution to culture have minimal legal interest - development of Indigenous cultural and intellectual property laws are required - cultural identity is not defined in Western law – political and economic context of the aboriginal art market demonstrated in the Papunya Tula Aboriginal art centre – threatened by rogue private dealers and rip offs – lack of resources to pursue investigations - Indigenous Australian art commercial code of conduct – issue of certificates of authenticity – difficulties with implementation of communal moral rights legislation – recent multinational software and music piracy cases could be translated to the Indigenous context.
ISSN:1835-0186