0.9 Activism  (Page 10/11)

Contracting ip rights at the garma festival, gulkula, australia

The  Garma Festival  is a celebration of the Yolngu cultural inheritance. Regarded as Australia's most significant Indigenous cultural exchange event, the Garma Festival attracts clan groups from northeast Arnhem Land, as well as representatives from clan groups and neighbouring Indigenous peoples throughout Arnhem Land, the Northern Territory and Australia. Garma is organised by the Yothu Yindi Foundation, a not-for-profit Aboriginal charitable corporation. All attendance fees and other revenues received go to the operation of the Foundation's programs and projects, such as Garma, to achieve the following outcomes:

• Encouraging and developing economic opportunities for Yolngu through education, training, employment and enterprise development
• Sharing knowledge and culture, thereby fostering greater understanding between indigenous and non-indigenous Australians
• Nurturing and maintaining of Yolngu cultural traditions and practices

Garma Festival organizers require that attendees sign the  General Authority to Make a Record of the Festival contract  if attendees seek to take photographs or make any other recording of the event. It is inappropriate to take any photographs of Yolngu without first seeking the permission of a senior elder.

Seeking consent from the sto:lo nation for use of cultural heritage

Sto:lo Nation Heritage Policy  requires users of Sto:lo Nation cultural heritage to seek consent from the Nation and to give proper attribution. It prohibits users from misrepresenting their affiliation with Sto:lo Nation. The policy allows for the fair use of excerpts of cultural heritage (except for property that is confidential, secret, or private) if the heritage is used for educational, informational, commentary, or purposes other than profit, as long as the Stó:lō owner is properly referenced. Prior consent is still encouraged for this use, but is not required.

Using trademarks to protect tk

The  Gab Titui Cultural Centre , Thursday Island in the Torres Strait Islands, Australia, is a public keeping place for historical Islander artifacts and traditional and modern art. It has registered a trademark for Torres Straits cultural material. (AU Trade Mark number 994221)

The  Silver Hand Program  in Alaska, US, uses the Silver Hand Logo and tag to promote authentic Alaskan Native art made in the state. A permit to use the tag is awarded for two years from the date issued and must be renewed every two years to remain active. Only full-time residents of Alaska over the age of 18, who can verify Alaska Native tribal enrollment and who produce art exclusively in the state, are eligible for the seal. Only original artwork, not reproductions, may be identified with the Silver Hand seal.

In 1999, the  Pauktuutit Inuit Women’s Association of Canada  sought to protect their intellectual property rights in the  amauti , a traditional Inuit women's parka. The effort was provoked by a visit to the western arctic by a representative from Donna Karan, NY, a fashion designer, who was seeking inspiration for the 2000 fashion line. The Pauktuutit Inuit Women's Association mobilized a media and letter writing campaign to prevent what they saw as a misappropriation of Inuit culture. The plan to protect the amauti involved three stages. First, they sought the thoughts and opinions of the key stakeholders — Inuit clothing producers. This was completed in May 2001 at a workshop in Rankin Inlet, Nunavut. The second stage involved developing a national inventory or registry to recognize all the seamstresses and designers and to document regional variations in designs. The third stage envisioned an association of manufacturers who will share a trademark or mark of authenticity that will guarantee consumers that they are buying true handcrafted products. As of Feb. 18, 2010, no trademark mentioning Amauti was located on the  Canadian Intellectual Property Office Trademark Database , but the project appears to be ongoing.