Media Indigenous Rights: Protecting Tribal Art Forms

Media & Entertainment Law
Media Indigenous Rights: Protecting Tribal Art Forms

Introduction

Entertainment frequently draws upon traditional stories, music, costumes, symbols and artistic practices.

The difficulty is that conventional intellectual-property law often focuses on identifiable individual creators, whereas traditional cultural expressions may have been developed collectively over generations.

A production company may not always find a straightforward copyright owner.

That does not mean the material is free from ethical or reputational considerations.

Commercial Exploitation

If a cultural expression is being commercially exploited, consultation, attribution and appropriate permissions may be important depending upon the circumstances.

Misrepresentation

Films can also create harm by portraying cultural practices inaccurately or presenting stereotypes as authentic representations.

Conclusion

Cultural due diligence should become part of responsible media production.

Where traditional cultural material is used, producers should consider ownership, community engagement, attribution, consent and commercial benefit rather than treating cultural heritage simply as freely available creative material.

Nathan & Associates Logo

Providing top-tier legal consultancy with a focus on integrity, excellence, and client success.

facebook
linkedin
twitter
instagram

Quick Links

Law Firm Services

© 2020 Nathan And Associates – All rights reserved.