In this season of the podcast we’re working with the Engelberg Center for Innovation Policy at NYU Law.
We’ve been examining the world of copyright and how it relates to creative artworks and code, not because we’re interested in property on its own but because we’re interested in how artists and creators working on projects with current technology are running into societal issues that may or may not be addressed by law. In our interview with Michael Weinberg, Director of the Engelberg Center, he spoke about the monkey selfie legal case and how copyright is grounded in the idea that it’s a person that possesses copyright.
Creative Commons Director Kat Walsh spoke on the creation of creative commons as a hack on copyright when legislators wouldn’t step in to support work created and dedicated to the public. In our interview with programmer and artist Ramsey Nasser, he spoke about co-creating the Anti-Capitalist Software License due to a need for open source software licenses that do more to address the conditions of how software is written, allowing individual programmers and coops to use one’s code for example, but preventing a for-profit corporation from doing so. Creative Commons and the Anti-Capitalist Software License are two responses to perceived imbalances from copyright law, part of a community of folks interested in ethics and open source.
In this episode, Dr. Jane Anderson talks about how she found “the law doesn’t do a very good job in protecting collective knowledge.”
One of the big challenges in the area that I work in is the language of ownership to start with, and the framework of property itself conditions what’s possible to think about and what’s possible to talk about.
Jane co-founded Local Contexts, “a global initiative that supports Indigenous communities with tools that can reassert cultural authority in heritage collections and data. By focusing on Indigenous Cultural and Intellectual Property and Indigenous Data Sovereignty, Local Contexts helps Indigenous communities repatriate knowledge and gain control over how data is collected, managed, displayed, accessed, and used in the future.”
We also speak with Courtney Papuni of Te Whakatohea iwi in Opotiki. Courtney speaks on her community’s work with Local Contexts labels and the limitations of western notions of copyright on cultural heritage and knowledge.
Dr. Jane Anderson is Associate Professor of Anthropology and Museum Studies and a Global Fellow in the Engelberg Center for Innovation Law and Policy in the Law School at New York University. Jane has a Ph.D. in Law from the Law School at University of New South Wales in Australia. Their work is focused on the philosophical and practical problems for intellectual property law and the protection of Indigenous/traditional knowledge resources and cultural heritage in support of Indigenous knowledge and data sovereignty.
Courtney Papuni is a Census Partnerships Adviser for Statistics NZ and previously as an Area Lead Facilitator in Iwi Data Sovereignty where she worked on behalf of Te Whakatōhea iwi located in Ōpōtiki, in Bay of Plenty, New Zealand, Aotearoa.
E Kore Au E Ngaro - The Connection Remains - “As global momentum grows to properly value Indigenous ways of knowing alongside Western scientific research practice, a Māori community in New Zealand illuminates a powerful strategy for change.”
Awasəwehlαwə́lətinα wikəwαmok - They Returned Home - “This film by the Penobscot Nation and Local Contexts charts the groundbreaking work undertaken by the Penobscot Nation to restore Penobscot cultural authority within institutions in Maine and beyond.”
Is it possible to decolonize the Commons? An interview with Jane Anderson of Local Contexts - Creative Commons Interview with Jane Anderson
Our audio production is by Max Ludlow. Our designer is Caleb Stone.
Our music on today’s episode is Greenish Blue by Golden Grey, Away by Meydan, Termites by Xylo Ziko and MC808 by Koi Discovery. All tracks from the Free Music Archive.
This episode is licensed under CC BY-NC-ND 4.0.
Lee Tusman
You’re listening to Artists and Hackers, a podcast on art, code and
community. We talk to programers, artist, poets, musicians, botmakers,
students, and now legal scholars in an effort to look at online
artmaking and a history of technology and the internet. We’re interested
in where we’ve been and speculative ideas on the future.
In this season of the podcast we’re working with the Engelberg Center for Innovation Policy at NYU Law.
This season we’ve been examining the world of copyright and how it relates to creative artworks and code, not because we’re interested in property on its own but because we’re interested in how artists and creators working on projects with current technology are running into societal issues that may or may not be addressed by law. In our interview with Michael Weinberg, Director of the Engelberg Center, he spoke about the monkey selfie legal case and how copyright is grounded in the idea that it’s a person that possesses copyright.
Creative Commons Director Kat Walsh spoke on the creation of creative commons as a hack on copyright when legislators wouldn’t step in to support work created and dedicated to the public. In our interview with programmer and artist Ramsey Nasser, he spoke about co-creating the Anti-Capitalist Software License due to a need for open source software licenses that do more to address the conditions of how software is written, allowing individual programmers and coops to use one’s code for example, but preventing a for-profit corporation from doing so. Creative Commons and the Anti-Capitalist Software License are two responses to perceived imbalances from copyright law, part of a community of folks interested in ethics and open source. In today’s episode, we’re looking at issues that come up in indigenous communities, and one initiative to respond to the limitations of the law and to reassert cultural authority in one’s own heritage, culture and data.
Jane Anderson
My name is Jane Anderson.
Lee
And Jane, what’s your area of specialty?
Jane
My area of specialty I would probably say is intellectual property law
combined with questions of decolonization and histories of museums and
anthropology I guess.
Lee
How did you get into working this way, in this area?
Jane
I began this work by doing a PHD in law in Australia around intellectual
property and indigenous knowledge. So I did a PHD in intellectual
property and indigenous knowledge particularly focusing on the way in
which intellectual property law had come to a subject of indigenous
knowledge. Particularly in relationship to Aboriginal art and for me
that was a super interesting question particularly because it required
me to think about the history of intellectual property law. Its
emergence as a particular body of law as well as kind of how it was able
to or how it continues to bring in new kinds of subject matter as that
emerges. So how does it protect digital technology? How does it protect?
So it’s fascinating to think about such an old body of law being able to
consistently adapt to new social and cultural innovations as they happen
in order to either protect them or bring them under its domain. And I
was interested in why it hadn’t thought about Aboriginal art and then
when it did, how it responded.
Lee
Okay, if I understood you right, for part of this it sounds like, and
correct me if I’m wrong in any of this, it sounds like you’re saying
that copyright law and other legal structures were able to absorb and
deal with technology and the ways that maybe artists are working in this
way but not so much able to kind of support and work with Aboriginal
knowledge and culture, is that accurate?
Jane
Yeah, so I was interested particularly in that work about how it is that
the law itself is functioning to create a particular kind of subject or
object that it then is able to protect and particularly was interested
in why you know in this is a really quite a specific kind of question
about why in 1970 in Australia did intellectual property law or
copyright in particular become concerned with the framing of Aboriginal
artistry? And needing to bring it into a form of protection when for you
know, hundreds of years it had never cared. So what was that tipping
point, and then what did the law need to do in order to bring Aboriginal
art under its umbrella? And to do that it needed to make Aboriginal
artists. It needed to make an Aboriginal artist. So that wasn’t
necessarily a given. And it also needed to identify Aboriginal art as a
particular kind of subject matter or work that copyright law could
protect. And that also wasn’t necessarily a given.
Lee
And what did you find? I’m curious why did that become a priority for
legal structures to be able to identify, define an Aboriginal artist and
to support their work in a copyright context?
Jane
Well I think that the 1970s in Australia was a particular moment where
Aboriginal activists were starting to say, hey how come everybody is
copying our work and nobody recognizes us as artists and yet we are
artists, and what does it mean for all of our work to end up on tea
towels and fabric and tables and no attribution or no recognition of
where this has come from. And that was a complex question in many ways
partly because it’s about the construction of indigenous people to start
with, within a social framework like settler colonial framework in
Australia where indigenous people only became citizens in the late
1960s, 67. But it’s also responding to a certain kind of economic market
that was emerging around Aboriginal art as well. So there were different
forces that were both political as well as cultural that were pushing
law to actually work to accommodate and include indigenous artists in
the copyright framework.
Lee
So as I’m hearing you say this, one thing it makes me think about is if
we’re, if there’s an emphasis on the individuality of an artist or an
artistic ideal and this is something that you know from my background
making art I’m thinking of of this as like you know this something I run
up against too which is this idea that art comes from a singular person.
So I guess my question is what have you found in terms of of kind of
either legal support or rejection or lack of support for collective
cultural ownership and knowledge?
Jane
I found that the law doesn’t do a very good job in protecting collective
knowledge. It can accommodate the individual, so it works really well
for a singular Aboriginal artist for instance, but it doesn’t work so
well if that singular Aboriginal artist is drawing upon collective
knowledge or is also part of a collective of writers creating works that
draw on long-standing Ancestral traditions. It can’t accommodate that
complexity and I think that that starts to tell us a lot about the
cultural specificity of the law itself. It also tells us how difficult
it is for different kinds of worldviews to be incorporated into the
categorical frameworks of Western or Euro intellectual property law.
Lee
Are there examples of this that you could describe, examples of where
there’s been a need to support collective ownership and ways that you’ve
had to be creative to help figure out some kind of framework to support
that?
Jane
Yeah, I mean I would preface this and probably come back to it that one
of the big challenges in the area that I work in is the language of
ownership to start with, and the framework of property itself conditions
what’s possible to think about and what’s possible to talk about. So I’m
just going to bracket that and come back to it. But there were a number
of cases in Australia that emerged from this moment in the 1970s into
the 80s and 90s where Aboriginal artists brought cases around the
appropriation of their art onto carpets in particular. And their
argument had to be framed within one that the law could recognize. So
there’s kind of singular Aboriginal artists but what they were
portraying were totemic clan designs that had been passed down through
generations of families that they were responsible for conveying. They
weren’t owners in that property way but they had very clearly delineated
responsibilities to convey the work in a particular way and they felt
that when it was put on a carpet, for instance, that there was a whole
lot of cultural harm that happened in that appropriation. And and I
think the cases are very interesting in the sense that of course we’re
talking about a work and the appropriation of a work but that was
because that’s what the law needed in order to recognize the validity of
the claim. But what the Aboriginal artists were talking about which the
law couldn’t necessarily respond to was it wasn’t just a work. Like the
content of that work really mattered. It was a narrative of significance
to those communities that told people where they came from and what
their responsibilities were to particular animals and particular places
and there’s a whole deep dimension to what was being conveyed in that
work that then made that sense that the disrespect or the cultural harm
in appropriating it. It wasn’t just a pretty snake that was being drawn.
It was an animal of significance to that community and to take that
design and the copy the form of that snake in a particular way did
significant harm to how the representation of that story could be
conveyed into the future. So these are elements that obviously couldn’t
be recognised necessarily and I think what was also interesting and in
these cases is that the community members the artists who had brought
the claim they acted as a collective together in relationship to these
cases. They took the the damages collectively and divided them. They
really came together in order to kind of make the same claim. That was
also not only from what was at stake and and why there was this
particular kind of harm but also in seeking the remedy they acted as a
collective as well.
Lee
Have you found examples of this here in the United States as well? I
know you work for example, as a professor at NYU. I’m curious to hear if
there’s similarities in these kinds of circumstances here in the US or
is it a pretty different ecosystem?
Jane
There’s definitely similarities across these spaces. Not only in how the
law responds but also in the ways in which indigenous people and
indigenous communities find themselves subject to that body of law. The
work that I do in the United States is a little bit more focused on
where indigenous people have lost their rights to control cultural
knowledge either in relationship, and and when I’m talking about
cultural knowledge I’m talking about sound recordings or films or
photographs or languages that are owned and controlled by non-indigenous
people and that particular problem which is enormous and populates our
archives, libraries and museums in multiple ways because that’s where
all that material now comes about because of a certain rationale in
studying indigenous people and it’s a product of a particular kind of
extractive logic of research where people come in, document, record,
study and take all of that material out again leaving indigenous
communities with very little including control over those
representations.
Lee
Is this in some of this phenomenon What led you to starting Local
Contexts?
Jane
Yeah, it’s exactly why I started Local Contexts. I guess for at least 10
years I had been working both in Australia and in the United States on
the problems of who owns indigenous cultural material within archives,
libraries and museums and what does it mean to try and repatriate or
reach that material if the legal ownership is held by a non-indigenous
person. And I had worked with communities around building different
kinds of intellectual property strategies to respond to these kinds of
problems, but I got to a point where I mean you can’t retroactively go
back and fix some of those problems, right? That control was really
taken away from communities for a really long period of time. The length
of copyright is quite extraordinary and so it became important to try
and think through what our other kinds of mechanisms that could be
developed that can support indigenous interests in regaining control and
being able to make decisions about how this material gets utilized into
the future and so I originally started thinking, okay, well maybe
licenses could do this job. You know, maybe there’s a license that
Creative Commons haven’t yet developed that could specifically address
indigenous interests in this area. That seemed like a good idea
initially until the kind of the light went on again which was but
actually indigenous people don’t own this material to start with and
they need to be copyright holders to have a license. So it was a bit
like, oh back to the drawing board. And so Local Contexts really began
as an initiative to think through how could you develop something that
actually brings indigenous cultural authority back into certain kinds of
authoritative spaces like archives, libraries and museums. But more than
that, how can you push against a property model? How could you bring or
how could you create something that asks for the recognition of cultural
protocols?
Jane
And what that was speaking to probably goes back to what I mentioned at
the very beginning around Aboriginal art that what’s in a photograph or
what’s in a sound recording is really what matters. It’s not that it’s a
sound recording. It’s not that it’s a photograph. It’s the content has
has the most important or conveys the most important information and
that’s what’s so valuable to indigenous people, and that has always been
governed by cultural protocols that exist within every indigenous
community. They just haven’t been recognized as law, haven’t been
incorporated into Euro-american law, and so it was an interesting and
kind of a provocative proposition to say well, how could you do that?
And if the law is failing indigenous people, why is that? And I think
the answer to that is multiple. There’s multiple answers to that. But
one of them is that the law was never designed to support indigenous
interests in the first place. So it can on the sides do that work but
centrally it doesn’t and won’t and can’t, so what else are you left with
to actually do that work that indigenous communities demand to be done
in a respectful, thoughtful, responsible, relational way. And that’s
where Local Contexts came from.
Lee
And with that background, can you say a little about how Local Context
works.? On your website it says that Local Contexts provides a new set
of procedural workflows. What does that mean? What does Local Contexts
do in that context?
Jane
So Local contexts provides a set of digital tags that allows communities
to put either information around attribution or correct provenance, or
protocols around knowledge sharing back into contexts where their
cultural material currently sits. And to do that takes a little bit of
work. So what’s important about the digital tagging or labeling system
is that you know the intervention is really at the level of digital
infrastructures in many ways. That’s partly because so much of this
material has been digitized and circulates without anybody having any
sense that there are indigenous protocols around how this should be
utilized, when it should be heard, how it should be listened to. And an
invitation to be actually engaging with the communities whose material
it continues to be and so in many ways the digital tag system is an
intervention at a metadata level, but it’s also asking people who
encounter indigenous cultural material to think a little bit about how
it came to be where they’re viewing it and that these communities still
exist and still have rights in relationship to how this material should
be used even if they’re not recognized as copyright rights. So
communities customize their labels and then they work with institutions
to implement them into institutional contexts where that material
currently sits or they customize their labels and use them on their own
websites just as particular kinds of markers to say and this is the
right way of engaging with this material. We don’t want you to use this
in a commercial context. We do want you to engage with us. We are really
happy for you to kind of use this material for educational reasons. And
I think that that’s what the the labels do is that they provide an
avenue for indigenous communities to articulate what their expectations
are in relationship to using their cultural material.
Lee
Can you give examples of how this has worked in the past?
Jane
Yeah, so I mean I can give you the example that is probably the most
cited example, but there are many others and this is the one that
involves the Passamaquoddy sound recordings. These Passamaquoddy sound
recordings that were made in 1890, they’re the first sound recordings
made on native lands in this country. And the story of the sound
recording themselves is interesting in the sense that they get lost. And
then they’re refound, and they end up at the Library of Congress, but
they never were made for Passamaquoddy people. They were kind of a sound
experiment that the researcher Jesse Walter Fewkes was doing as he
became the head of the expedition into Hopi and Zuni lands later in
1890. So it’s kind of testing his equipment, and the sound has never
really made it back to the Passamaquoddy. No one thought of returning to
them or to share them, and it wasn’t until really the 1980s that it
happened. But the technology was really poor, and so when those
recordings did get returned they were so scratchy people couldn’t really
understand what was on them. So it took another shift in technology to
be able to hear those recordings in a different kind of way, and in that
process the Passamaquoddy decided that they wanted to use the
Traditional Knowledge Labels as part of their work. Both determining the
content, like what were these songs about, and sharing that traditional
knowledge or that information back to the Library of Congress in a way
that they felt comfortable doing partly because they were using these
labels to demarcate what exactly were Passamaquoddy continued interests
in these recordings.
Lee
Sorry, I have a pretty good knowledge of working with Creative Commons
material since I’ve been with my own art and music I’ve used a Creative
Commons label to identify work of mine that I want to be able to to
share and have other people be able to reuse in various ways, and
provide a context for how that can be reused. It can’t be used
commercially but it can be used non-commercially and has to be shared,
for example. The labels that Local Contexts has come up with, does it
work in a similar process? I’m curious about some of the specifics of
these tools.
Jane
Yeah, it really does work in a similar process in a similar way, and you
know we were in conversation with Creative Commons very early in the
development of the labels. The primary difference between the labels and
Creative commons is that we use the labels when you don’t have any legal
right. The labels come in to operation because those rights don’t exist.
For those communities in order to utilize a Creative Commons license,
for instance, like you were just saying that you could do it, you can
use a creative commons license because you hold the copyright in the
work itself in the first instance. If that copyright is held by a third
party you can’t use the Creative Commons license, and so this is where
the majority of indigenous people find themselves in relationship to
their cultural material, is that they’re not the owners of it. So what
the difference with our tool is to Creative Commons is that it provides
a mechanism that allows communities to convey their cultural interests
in a way even if they’re not the legal rights holders, and I guess I
would say the other thing that the labels do which is different to
Creative Commons is that we’re operating within a different cultural
paradigm of responsibility around the content itself, which is why we
have multiple kinds of labels. So we have a seasonal label which speaks
to concerns that communities have around when particular stories are
told at particular times of the year, and that there are restrictions
around when certain kinds of songs are sung or when certain kinds of
stories are told because of the environment. That’s a nuance that
Creative Commons doesn’t get to because it’s focusing on use of a work,
not the cultural frameworks in which that work has meaning across kind
of a spectrum that connects knowledge to land and to place.
Lee
One similarity that I’m thinking about, and correct me if I’m wrong, is
that the use of labels and even licenses is often in addition to kind of
a legal structure is often a signpost or indicator of something. It’s a
way of creating a symbolic meaningful statement about one’s work or a
group’s work or a community’s work. How much do you think of this
labeling as doing something like that providing a symbolic statement
versus a a particular legal framework, for example?
Jane
Yeah I think that’s a great question. It is very symbolic in in one way
because it’s pointing to something that might not otherwise be seen.
It’s pointing to the existence of cultural authority that might not
otherwise have been thought about for a variety of reasons, and so in
that sense that kind of icon. But the labels deploy one that’s trying to
get a visual recognition into a different kind of way. And think what
the labels do by then kind of making that step so in the absence of
there being anything that could support or make visible already existing
indigenous cultural authority around this material, adding a label is a
step towards a next place, which is indigenous communities being at the
table making decisions over how that material gets used. In the future I
feel like it’s important that labeling in this instance or a particular
kind of the Traditional Knowledge Labels or the Biocultural Labels is
not an end in itself. It’s part of a process that is elevating and
making visible indigenous rights in a way that means that indigenous
people are part of future decision-making about their cultural forms of
representation.
Lee
Thanks so much, and thanks for taking so much time speaking with me.
Jane
Thanks Lee, bye.
After speaking with Jane, I was eager to talk with a community using Local Contexts to contextualize their work and to find out a bit more on how it’s going. I spoke with Courtney Papuni from the Te Whakatōhea iwi. An iwi is a people or nation in Maori society.
Lee
Can you say your full name.
Courtney
My name is Courtney Papuni.
Lee
Can you so identify your your tribe, or your iwi, if I’m saying that
correctly?
Courtney
Yep, I have a few but the one that I do work for at the moment is Te
Whakatōhea here which is located in Ōpōtiki area, which is the Bay of
Plenty of New Zealand Aotearoa so we’re on the East Coast of the North
Island.
Lee
Correct me if I’m wrong here, my understanding is that things like
photographs, music recordings, film dictionaries and other materials
relating to the iwi and and actually indigenous communities in general
were often done or taken without permission, and by people outside the
community. I’m curious how this has affected how your community could
determine how items could be shared or used or presented?
Courtney
I’m not sure so much about recordings but definitely our histories. And
our stories were usually told by what we would say are tauiwi, people
that aren’t Maori. So they recorded our histories in the past and often
it was with a lens that was very foreign to how we would view the world.
So growing up learning about our own history we would learn it from a
Pākehā or colonized view of things, but oftentimes when they did record
our stories it would actually be our tipuna or our ancestors that would
contribute some of that kōrero. So the the problem lies where our iwi or
our community don’t know that that information is out there. And you
know with intellectual property rights and stuff like that, like
copyright and all of that stuff, it often has caused us to become
disconnected with our knowledge, but also to have no say over where it’s
stored. And so at the moment I’m working on a project to help at least
put our Whakatōhea voice on our taonga, our stuff, our knowledge that’s
out there at the moment. So a lot of our knowledge and taonga which is I
guess gifts or artifacts, I think might be a good english word, sit
outside of our iwi like our museums or libraries or archives. So
generally they were taken by people as collectors items or were recorded
by people that weren’t from our community. Does that make sense?
Lee
It does and I can imagine that this phenomenon has really accelerated as
the internet has become so ubiquitous today and data or artifacts or
digitized gifts I think was the other word you used, as these can be
digitized in various ways or not, there’s even less an ability.
Courtney
I don’t know if you’ve ever heard of haka or Maori performing arts where
we sing and do poi and that’s a big deal not just in our iwi but as a
whole community of Maori so Kapa haka and stuff like that is very
important. So this stuff is still happening because the companies in
other countries are taking our images and putting it on their… well one
of our friends, her face was put on a shower curtain and she’s quite
well known. She wouldn’t like me to say famous but she’s very well known
in the Maori community and her face was put on a shower curtain in China
without her permission. So yes stuff is out in the internet and it’s
being used without our permission and I think using the Traditional
Knowledge Labels as a way that we can help reign in that behavior and
and ask people to be more ethical about how they use our precious
taonga, our people’s faces, our stuff, our knowledge, stuff like
that.
Lee
I’m really curious if you could explain what the Traditional Knowledge
Labels are, what they mean to you, and how you’ve customized them?
Courtney
I Think what they mean to me personally is an opportunity for us to to
guide researchers and institutions on how we wish our knowledge to be
accessed and used. There’s nothing out there at the moment that guides
anyone on anything so if the information is available they can use it
however they like without even verifying the information. Whereas if
there’s a label therefore people who are interested in the ethical use
of the information they come across it there’s a label there that we
have customized to show them how we wish to use that information and I
think that’s really important because there’s nothing out there like
that I’ve seen at the moment that indigenous peoples can use. I mean
there’s data sovereignty and some other really cool crop up that’s
happening out there but this is the one that we’ve been given to trial
and from what I can see so far especially working with, learning from
indigenous communities in the states that are already using them it’s
actually quite an easy to use tool.
Lee
Do you have one at hand that you’d be able to share?
Courtney
The one we always talk about is Attribution. So the Attribution label
can be used to correct historical mistakes. So there could have been an
issue for instance, who wrote a song. So after I finish here with you
we’re going to start assessing labels for our waiata app. Now waiata in
english is song so our iwi’s got a song app. So songs that are from our
iwi have been put into this app for our iwi to access and learn. So
there’s a song in there that has been a bit contentious in terms of who
wrote it, who actually was involved in the writing of it. So if I was to
talk about a label we would put probably Attribution on there because
it’s correcting a historical misunderstanding of who wrote the song. So
there’s lots of historical misunderstandings when it comes to our
mātauranga, our knowledge. And so if I was to talk about a label it
would be Attribution because we could use that to correct historical
mistakes and then you could use Verify, the Verify label, to show
external users that the information that they have come across has been
verified by the people that the information is about.
Lee
One of the things I’m also thinking about is how often copyright rewards
individual or corporate ownership and I’m curious how you’ve either run
up against this or needed to respond to this in terms of collective
ownership or community ownership or even different consideration of what
ownership even means in different contexts.
Courtney
Yeah, actually we have come up against it because we’ve recently been
given links to audio recordings of people from our iwi on radio stations
and whatnot. So we’re allowed to put labels on them. But we have to be
aware that they also have copyright rights somewhere else. So I’m not
really sure how we’re going to navigate that space. But how we have done
it for our iwi is taught them. So at our one that I told you about
earlier we taught our attendees that were there about copyright. And how
in the past it’s been used to disenfranchise us or disconnect us with
our taonga. And they had no idea. Like why would you unless you needed
to know? Well we know generally about copyright but we have never really
talked about how it’s been used to disinherit indigenous people from
their taonga. We have come up against it but we’re still navigating that
space with the institution that have gifted it to us, well, given us the
metadata for those files. We’re still trying to figure it out over here.
Have you had any conversations with other indigenous communities that
have come up against that?
Lee
I haven’t yet. I’m really interested but I haven’t yet.
Courtney
Me too because quite often in this project we’ll look to the ones that
have done it first, like the Penobscot and Passamaquoddy people. They
had the wax cylinders I think and I think that was repatriated back to
them but I’m not sure about the copyright stuff here. But I’d be really
interested to know if you do find out.
Courtney
The way indigenous people look at things and the way tauiwi look at
things are so different. We don’t own anything really. We’re whakataki
even of knowledge that’s in our songs. One person might write the song.
But generally the collective knowledge is what helped inform that song.
You know what I mean? So we don’t really own… Yeah, indigenous people
are guardians of their stuff. So copyright to me is just… It just
doesn’t work. Not for us, and not for the way we view the world. It
cracks me up. But we only just really are reawakening to all of this.
There’s like many people before me that have done this type of work. But
myself personally, I’m just doing this project. It’s where I can open my
eyes and it’s waking me up to stuff I had no idea about.
Lee
It sounds like both really important and really interesting work.
Courtney
Yeah, definitely. I’ve met some really amazing people that have been
doing this stuff for decades. I sat in a training last year with a First
Nations woman over in the states and she was just in tears. She’d been
doing it for four decades and she could finally see light in terms of
putting their voice on their knowledge and their artifacts and gifts and
stuff that they’re gonna make in the future as well. It’s pretty cool,
pretty cool.
Lee
That’s cool.
Courtney
Yeah, yeah, very lucky.
Lee
Well thank you so much, I really appreciate you speaking with me today.
It’s really interesting. I really enjoyed speaking with you. I learned a
lot.
Courtney
You are welcome. Glad to be of some help and I look forward to seeing
what other cool stuff you find along your path.
Lee
I started doing research into today’s episode when I was looking into
ideas of decolonization and cultural appropriation and how that was
dealt with in copyright. And I was quickly connected to Jane Anderson, a
lawyer and professor of NYU Law and a co-founder of Local Contexts,
which was created to deal with the needs of indigineous communities and
local organizations who wanted a practical method to deal with the
intellectual property materials of their cultural heritage materials.
Especially when it comes to issues of ownership. And what I find
interesting about Local Contexs, similarly to Cultural Commons, it’s a
kind of hack on copyright. In this case with Local Contexts, they’re
dealing with imposed western values of ownership, which you can hear
Courtney acknowledge as not really working with their iwi and having
their cultural works, artifacts and music - these are just a few
examples, taken, quote unquote owned by museums or other entities that
may have plundered these cultural heritage, dozens or hundreds of years
ago, or are presenting community songs and oral works from these
communities. According to the copyright system, these works generally
aren’t owned from the communities in which they’re from because they
were taken a long time ago for example, or the community didn’t quote
unquote copyright them originally because they weren’t property, they
were an inherent part of that community and its heritage. Local Contexts
is one attempt at addressing this, and it’s being used and adapted by
indigineous and local communities worldwide, so I was really interested
in hearing how it’s being used and how it’s going as it’s developing. In
Courtney’s iwi they’re using Local Contexts because of these issues, a
need to state and share how the community want the work of their
community and cultural heritage to be shared, accessed and presented,
and Local contexts is a framework for asserting indigineous organizing,
governance and decision-making. This way of working is meant to empower
the community using it, and to guide future collections and public
presentations and scholarship of cultural heritage and indigineous data.
And it’s a very practical system addressing inequity and using legal
tools in the here and now, but clearly also serving as a needed model to
guide how law should be reformed in this area. For that, I was really
excited to learn and hear how it’s being used and adapted. And if you
have thoughts or suggestions on other communities that are working in
different ways to adapt the law and how it’s practiced, to adapt to a
community’s cultural assets, culture, art and other creations, I’d love
to hear about it.
Your’re listening to Artists and Hackers. Thanks to today’s guests, Jane Anderson and Courtney Papuni.
You’ve been listening to season 3 of the podcast, produced with the Engelberg Center for Innovation Law and Policy at NYU Law. My name is Lee Tusman. Our audio producer is Max Ludlow.
Our music on today’s episode is Greenish Blue by Golden Grey, Away by Meyan, Termites by Xylo Ziko and MC808 by Koi Discovery. All tracks from the Free Music Archive.
You can find more episodes, full transcripts and links to find out about our guests and topics on our website artistsandhackers.org. You can find us on Instagram at artistsandhackers and Mastodon at artistsandhackers at post.lurk.org you can always write to us on our website, sign up for our email list, suggest episode ideas, and please leave us feedback whereever you get your podcast.
Thanks for listening.