0.8 Traditional knowledge

Module 8: traditional knowledge

Learning objective

One of the most complex recent extensions of copyright law involves traditional knowledge. This module first describes the intricate and rapidly changing set of legal rules pertaining to traditional knowledge, and then explores the fierce continuing debate concerning the appropriate scope of protection for this novel topic.

Case study

Angela is a member of an indigenous community that has a unique tradition of dance. Performances of these dances attract members of other indigenous communities and tourists. Angela calls Nadia when she sees elements of one of the dances in a recently released music video by the American singer, Madonna. Anglea asks whether she has any legal recourse either to stop the use of the dance or to obtain compensation for herself or for her community.

Lesson

What is traditional knowledge?

Though difficult to define,  traditional knowledge (TK)  is generally understood to encompass four types of creative works:  verbal expressions  (stories, epics, legends, folk tales, poetry, riddles, etc.),  musical expressions  (folk songs and instrumental music),  expressions by action  (dances, plays, ceremonies, rituals and other performances) and  tangible expressions that must be fixed on a permanent material (drawings, designs, paintings (including body-paintings), carvings, sculptures, pottery, mosaics, jewelry, basket work, textiles, carpets, costumes, musical instruments, etc.) More detailed definitions can be found in the  World Intellectual Property Organization (WIPO)  and  United Nations Educational, Scientific and Cultural Organization (UNESCO)  Model Provisions. TK is used interchangeably with the term  traditional cultural expressions (TCEs) ; both refer to music, art, designs, names, signs and symbols, performances, architectural forms, handicrafts and narratives. TCEs are integral to the cultural and social identities of indigenous and local communities. They embody knowledge and skills, and they transmit core values and beliefs.

What is the debate about?

Several combined forces have recently led to commercialization of TCEs on a global scale without due respect being given to the cultural or economic interests of the communities from which they originate. The Internet provides pervasive access to TCEs. The demand of western consumers for what is sometimes (disrespectfully) called "primitive art" has increased. Finally, tourism in developing countries has exposed more potential consumers to manifestations of folklore that can be found there. As a result, indigenous groups are seeking protection for their TCEs and their responses have affected legislation at national, regional and international levels.