Ethical Mapping of Traditional Knowledge Through Template Licences

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1 Ethical Mapping of Traditional Knowledge Through Template Licences Dr. Teresa Scassa, University of Ottawa Dr. Fraser Taylor, Carleton University Dr. Tracey P. Lauriault, Carleton University Nate J. Engler, Carleton University David Fewer, University of Ottawa AAG Annual Conference, April 13, 2013

2 The Project: Mapping the Legal and Policy Boundaries of Digital Cartography + 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 2

3 TK and Digital Cartography Strong relationship of many indigenous peoples to land or territory means that there is a great deal of TK with a geographical dimension Many kinds of TK can be expressed through cybercartography Changes in climate and environment (current; historic) Relationship of people with the land Toponyms (place names) Wayfinding (trails and routes) 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 3

4 Traditional Knowledge (TK) Traditional knowledge (TK) is: Part of a system of knowledge Produced through a process of interaction between members of a community No single author Frequently passed down through oral traditions Not static; nor is it necessarily old Very diverse (cultural knowledge, knowledge of land, plants, animals, medicine, natural phenomena) Expressed in a broad range of cultural forms 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 4

5 GCRC Atlases -ISIUOP Inuit Sea Ice Use and Occupancy Project (ISIUOP): Investigates the importance, use and knowledge of sea ice from the perspective of Northern communities and Inuit experts ( 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 5

6 Digitizing TK 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 6

7 Participatory Mapping 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 7

8 Legal Layer Law forms an often invisible normative layer Shapes collaborative research projects Shapes assumptions about downstream uses May be problematic when the collaboration involves participants from different cultural communities and where dissemination is broad Law shapes assumptions about the normative boundaries of peoples relationships with each other and with things Laws and norms of dominant culture tend to prevail if not specifically addressed 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 8

9 Community TK Researcher/ Cartographer IP (Atlas, photos, video, text) TK Audience for the work Potentially unlimited Potential for other uses 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 9

10 TK v. IP protection Intellectual property (patents, copyrights, trademarks) is protected as a matter of law in most countries Recognized as a form of property right Can be licensed, transferred Rights can be enforced in court International treaties around TK urge non-specific and non-mandatory protection for TK Most regimes focus on protection from undue exploitation No property rights 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 10

11 TK v IP Intellectual property fits well with western systems of knowledge creation and exploitation IP norms tend to be at least partially internalized: we recognize works in which rights exist; we are able to identify authors IP rights are not suited to recognizing or protecting TK 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 11

12 An example of conflicting normative assumptions Facts/information cannot be protected under copyright law A video of an elder recounting TK is a cinematographic work that is protected by copyright Copyright rests by default with the interviewer/maker of the video The knowledge content is public domain material 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 12

13 Licensing Concept is similar to Creative Commons (CC) model: Suite of flexible template licences Available in legal text, human readable format, and intuitive symbols Adaptable to multiple languages Accessible, easy to use 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 13

14 Licensing But different from CC in that: Licenses will contain both legal (IP) and normative (TK) layer Restrictions may be different from CC May be in menu format rather than fixed templates Use of licences in relation to TK will require more explicit identification of TK incorporated into the work 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 14

15 Examples of Possible Restrictions Give back/reciprocity Community consent Purpose-based consent Non-commercial restrictions Attribution/Identification (individual or community based) No sharing/personal use only No publication Withdrawal of consent 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 15

16 Challenges Identification how to identify and describe TK Propagation how will downstream users be bound by normative obligations (as opposed to property-based) Duration IP rights have a fixed term, but there is no defined term of protection for TK Understandability challenges of translation of legal and normative understandings across cultures Usability will licences be accessible and flexible enough to be useful tools 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 16

17 Other resources Mukurtu CMS: Samuelson-GlushkoCanadian Internet Policy and Public Interest Clinic (CIPPIC): hments/ /2+-+towards+a+tk+license Nov+12+-+DAF.pdf International Development Law Organization (IDLO): dge.pdf 13/4/13 Scassa, Taylor, Lauriault, Engler, Fewer 17

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