Date of Award

2006

Degree Type

Thesis

Degree Name

Doctor of Philosophy

School

School Of International, Cultural And Community Studies

Faculty

Community Services, Education And Social Sciences

First Advisor

Dr. Alan Tapper

Abstract

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria.

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