Challenges to the protection of Indigenous cultural and intellectual property rights in the music industry

Challenges to the protection of Indigenous cultural and intellectual property rights in the music industry - Jaime Riffel, Lawyer at Maddocks, examines the protection of Indigenous cultural and intellectual property rights in the music industry. in particular, the article highlights deficiencies in the Copyright Act 1968 in protecting such rights in the music industry, such as:

  • reluctance in recognising communal ownership rights
  • difficulties in identifying the author in traditional Aboriginal songs (and establishing originality)
  • issue of ‘material form’ in light of oral music traditions (eg oral and visual performances or representations)
  • limitations on term of copyright protection (70 years after the duration of the author’s life)
  • recognition of moral rights principles, which confer rights only on individuals

However, Jaime Riffel suggests that record labels and distributors adopt several cultural protocols when dealing with traditional Aboriginal music.

Linkn to Australian Intellectual Property Law Bulletin (Vol 19 No 8, January 2007)


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