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Remedying Copyright for Indigenous Australians

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TL;DR

This study introduces a Judicial Intersectionality method integrating diverse knowledge to address historical injustices against Indigenous Australians, advocating for a unique sui generis copyright system to improve legal rights for Indigenous artists, aligned with broader reconciliation efforts despite the unsuccessful 2023 Referendum.

Abstract
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This study presents a Judicial Intersectionality method that incorporates knowledge from arts, humanities, natural sciences, and social sciences. It aims to examine how historical legal, political, and social injustices against Indigenous Australians have persisted in various spheres. When considering the Stolen Generations period, attention is directed on addressing the existing insufficient copyright rights and enhancing future legal results for Indigenous artists. In order to achieve that objective, a unique and distinct copyright system is regarded as the most suitable resolution. Philosophically and pragmatically, this approach was aligned with the Australian Government's 2023 Referendum, which aimed to grant constitutional status to Indigenous individuals and establish a Voice to Parliament advisory council. Although the Referendum did not succeed, the implementation of the standalone sui generis copyright system is a crucial step in the Government's efforts to acknowledge, reconcile, and create a relationship with Indigenous Australians. The Judicial Intersectionality method acknowledges the importance of chance-related connections in unique situations that are uncertain and necessitate action. Given that these circumstances offer fresh starts and chances for transformation, it is now the appropriate moment to embark on this endeavour, to deliberate on the paths of legal modification, and to enact fair, sustainable, and revolutionary copyright reforms for Indigenous Australian artists.

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Editor’s Introduction
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Arien Mack Editor’s Introduction WHEN I FIRST BEGAN TO DISCUSS THE THEME OF “ERRORS” WITH MY coeditor for this special issue, Gerald Holton, the question arose as to whether the kinds of “fruitful” mistakes that occur in the natural sciences also occur in the social sciences. While the degree of resem­ blance between the natural and social sciences has long been the subject of discussion within the social sciences themselves, I do not think the question has been much discussed in these particular terms. Since this issue ofSocialResearch attests to the presence of fruitful errors in the natural sciences, we invited several distinguished social scien­ tists to address the question of whether such errors occur in the social sciences. Many of the social scientists from whom I initially requested advice pointed out that, unlike physical laws in the natural sciences, “laws” in the social sciences—if there are any—are often contin­ gent and change as the social and cultural contexts change. In addi­ tion, two of the respondents pointed out, I think correctly, that the prim ary problem in the social sciences is not so much the validity of the claims of social scientists, which may or not be correct, but rather the consequences of those claims for social policies. An obvi­ ous instance of this was Cyril Burt’s claim about genetic differences in intelligence, which led to discriminatory immigration rules and other bad social policy. Fortunately for us at Sodal Research despite the general consen­ sus that “fruitful” errors were not characteristic of the social sciences, several distinguished social scientists agreed to explore the question of social research Vol 72 : No 1: Spring 2005 xl errors in the social sciences and have written interestingly about it for this issue. These articles stand as illuminating complements to the arti­ cles by historians of the natural sciences that also appear, and clarify one more dimension on which the social and natural sciences differ. Arien Mack xii social research ...

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