Traditional Knowledge and Creative Commons - White Paper

Abstract

The tension between the protection of Traditional Knowledge and IP frameworks is being exacerbated by digital technologies that have made the creation, dissemination, appropriation and remixing of knowledge and cultural artifacts easier than ever before. Indigenous communities’ preservation efforts and control over traditional knowledge sometimes also seem to conflict with the ‘open’ ecosystem, which consists of organizations, communities, and individuals supporting open and free culture, open licensing and access to knowledge. This is because traditional knowledge is often perceived as being part of the public domain by default, when it is not. In particular, the sharing of cultural works related to indigenous communities through open licenses needs to be better understood. Traditional knowledge does not always fit into open licensing structures. It also seems to conflict with the ‘open’ ecosystem. This potential conflict raises questions about the best ways to share and disseminate Traditional Knowledge using open licenses. This paper focuses on the divide between Creative Commons policies and tools and traditional knowledge to which copyright may be applicable. Part I will provide an overview of the contestations between traditional knowledge and conventional IP systems. Part II will explore the tensions between openness and traditional knowledge. It will attempt to reconcile the two by highlighting examples where various strategies were applied to assuage the concerns of Indigenous communities and where open licenses might find a place.