Law Commons^™

A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke

Matthew Rimmer

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …

A Submission To The Inquiry Into The Resale Royalty Right For Visual Artists Bill 2008 (Cth), Robert Dearn, Matthew Rimmer

Matthew Rimmer

We whole-heartedly support the introduction of a right of resale for visual artists in Australia. Such a measure is long overdue – especially given that the doctrine was first theorized in 1893; and first implemented in France in 1920. We firmly believe that the Australian Parliament can fashion a right of resale, which can promote the principles of social justice, and ensure that there is a fair and equitable relationship between artists and the art market in Australia.We would congratulate the Federal Government for its vision and determination in establishing a resale royalty right for visual artists in Australia. We …

Intellectual Property Laws Amendment Bill 2008 (South Africa) And The Protection Of Traditional Knowledge: A Submission To The Department Of Trade And Industry, The Republic Of South Africa, Matthew Rimmer

Matthew Rimmer

I note, with interest, that the policy document, The Protection of Indigenous Knowledge through the Intellectual Property System, has paid particular heed to the experience of Australasia in dealing with traditional knowledge: “Lessons can be learned from New Zealand and Australia, which are both good examples of countries whose courts use the common law to protect traditional knowledge.”I would comment that the Australian experience has been a mixed one. It is true that von Doussa J of the Federal Court of Australia has shown judicial innovation in a number of cases – most notably, the “Carpets” case, and the “Bulun …

The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer

Matthew Rimmer

This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural …

A Right Of Resale? Indigenous Art Under The Hammer, Matthew Rimmer

Matthew Rimmer

This week, Sotheby's sold the late Clifford Possum Tjapaltjarri's painting, Warlugulong. The auctionhouse's spokesman, Tim Klingender, was enthusiastic about the high price commanded by the art work: "The painting was a really great painting and it deserved to make a really fantastic price, and it made that price."The painting has undergone significant appreciation over the last few decades. The significant art work was bought by the Commonwealth Bank for a mere $1,200 in 1977, and spent 20 years hanging in the canteen of the bank's Mornington Peninsula training centre. In 1996, Melbourne art dealer Hank Ebes acquired the painting for …

Australian Icons: Authenticity Marks And Identity Politics, Matthew Rimmer

Matthew Rimmer

This article evaluates the adoption and implementation of an Indigenous certification trademark system in Australia. Section II considers the use of copyright law, moral rights provisions and consumer protection laws to protect Indigenous cultural property in Australia. It suggests that there needs to be additional protection under trademark law - especially to deal with problems concerning communal ownership, material form and duration of protection. Section III evaluates the efficacy of the scheme for marks of authenticity established by the National Indigenous Arts Advocacy Association in November 1999. It contends that there were practical problems with the implementation of the scheme …

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter-locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular, it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, informed consent, …

Albert Namatjira: Copyright Estates And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

Albert Namatjira was Australia's first Indigenous professional artist. He adapted Western-style painting to express his cultural knowledge of the Arrernte country, for which he was a traditional custodian. In his lifetime, Albert Namatjira achieved great acclaim for his exceptional ability as an artist. However, after his untimely death, he was ignored by the mainstream Australian art world, because of the aesthetic prejudices and social policies of the time. A recent exhibition entitled Seeing the Centre: The art of Albert Namatjira (1902-1959) curated by Alison French has sought to redress this neglect, and provide a retrospective of his work.The exhibition has …

The Artist Is A Thief, Matthew Rimmer

Matthew Rimmer

Stephen Gray is a writer and law lecturer who has been living in Darwin since 1989. He started out writing formal legal pieces about how copyright law had unsuccessfully sought to accommodate Aboriginal art. Such work led him to further investigate the philosophical questions underlying the legal issues affecting both traditional and urban Indigenous people. Gray has also explored matters of bioprospecting in relation to Indigenous biological resources. He has investigated the introduction of a label of authenticity into Australia. Gray has also published a number of articles about other legal issues affecting Indigenous people. He has explored such topics …

The Pirate Bazaar: The Social Life Of Copyright Law, Matthew Rimmer

Matthew Rimmer

This thesis provides a cultural history of Australian copyright law and related artistic controversies. It examines a number of disputes over authorship, collaboration, and appropriation across a variety of cultural fields. It considers legal controversies over the plagiarism of texts, the defacing of paintings, the sampling of musical works, the ownership of plays, the co-operation between film-makers, the sharing of MP3 files on the Internet, and the appropriation of Indigenous culture. Such narratives and stories relate to a broad range of works and subject matter that are protected by copyright law.This study offers an archive of oral histories and narratives …

Bangarra Dance Theatre: Copyright Law And Indigenous Culture, Matthew Rimmer

Matthew Rimmer

Four Stories About Copyright Law And Appropriation Art, Matthew Rimmer

Matthew Rimmer

This article considers copyright law and the art of appropriation in an Australian context. It tells four stories about Australian artists - Imants Tillers, Gordon Bennett, Juan Davila and Tracey Moffatt. The stories examine the postmodern critique of copyright law, indigenous copyright and self-determination, the introduction of moral rights, and copyright, photography and film. The article concludes that the work of such contemporary artists has practical implications for the reform of copyright law.