TY - CHAP
T1 - Cultural and intellectual property rights in rock art
T2 - a case study of Australian indigenous art
AU - Gray, Stephen
PY - 2018
Y1 - 2018
N2 - Questions of legal and cultural rights over rock art are particularly compelling given the very different significance the art holds for Indigenous people compared to that recognized by a more general public. In the past, conflicts have arisen between the interests of the Indigenous people and those of the nation state, or of non-Indigenous mining or tourism ventures. This chapter examines the legal rights that Indigenous people have to rock art sites on their land, as well as legal issues arising over the ownership and reproduction of rock art. It examines intellectual property law, including copyright, trade marks, and breach of confidence laws, as well as cultural heritage protection laws. Finally, it considers some of the broader cultural and ethical issues raised by non-Indigenous use of rock art imagery.
AB - Questions of legal and cultural rights over rock art are particularly compelling given the very different significance the art holds for Indigenous people compared to that recognized by a more general public. In the past, conflicts have arisen between the interests of the Indigenous people and those of the nation state, or of non-Indigenous mining or tourism ventures. This chapter examines the legal rights that Indigenous people have to rock art sites on their land, as well as legal issues arising over the ownership and reproduction of rock art. It examines intellectual property law, including copyright, trade marks, and breach of confidence laws, as well as cultural heritage protection laws. Finally, it considers some of the broader cultural and ethical issues raised by non-Indigenous use of rock art imagery.
KW - intellectual property laws
KW - Indigenous art
KW - cultural heritage laws
KW - rock art and copyright
KW - cultural protocols
KW - traditional cultural expressions
KW - originality
KW - ownership
KW - material form
UR - http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780190607357.001.0001/oxfordhb-9780190607357
U2 - 10.1093/oxfordhb/9780190607357.013.56
DO - 10.1093/oxfordhb/9780190607357.013.56
M3 - Chapter (Book)
SN - 9780190607357
SP - 971
EP - 992
BT - The Oxford Handbook of the Archaeology and Anthropology of Rock Art
A2 - David, Bruno
A2 - McNiven, Ian J.
PB - Oxford University Press
CY - Oxford UK
ER -