- Borrowing
Indigenous Intellectual Property is not adequately protected under the Canadian Copyright Act. Indigenous Knowledge, such as songs, oral stories, and traditions, fall outside of colonial notions of ownership. Readers should be cautious when citing Indigenous Knowledge found in texts (especially historic texts) as these may have been taken from communities without proper permission.
"Who holds "legal' copyright to that knowledge or cultural expression under Canada's current Copyright Act is often contrary to Indigenous notion of copyright ownership. Indigenous Knowledge may be found in published works as a result of research or appropriation, and in these cases, the author of the published work holds that "legal" copyright to that knowledge or cultural expression, while Indigenous Peoples would see the owners as the people from where the knowledge originated. As in Western notion of copyright, Indigenous Peoples regard unauthorized use of their cultural expressions as theft" (CFLA, 2018).
Canadian Federation of Library Association (CFLA). (2018). Position Statement: Indigenous Knowledge in Canada's Copyright Act. http://cfla-fcab.ca/wp-content/uploads/2018/05/CFLA-FCAB_Indigenous_knowledge_statement.pdf
Artificial Intelligence (AI) and data collection occur with little regard for Indigenous concepts of ownership and intellectual property. The extractive data harvesting of Indigenous information via AI continues to erode Indigenous data sovereignty. To prevent the perpetuation of harm caused by Indigenous data extraction, do not upload Indigenous data and information into AI platforms unless you are given explicit permission from Indigenous communities. For more information on Indigenous Intellectual Property and Artificial Intelligence, please read this UBC article on Indigenous Data Stewardship Stands Against Extractivist AI. For broader information regarding AI at KPU, please visit Generative AI at KPU.
Please visit our Criminology Library Guide for further resources.
