Indigenous Knowledge and Creative Commons in Aotearoa New Zealand

Introduction

Since the introduction of Creative Commons licences to Aotearoa New Zealand, there has been ongoing dialogue about creating legal tools tailored for indigenous knowledge. Initially, Creative Commons Aotearoa New Zealand (CCANZ) deferred action, awaiting the release of Ko Aotearoa Tēnei, the Wai 262 Waitangi Tribunal Report addressing, among other issues, Māori cultural and intellectual property rights.

The report, released in July 2011, laid an important foundation for this work. However, resource limitations and a focus on research and education delayed progress until 2013. Below, we explore the challenges of applying copyright to indigenous knowledge, the limitations of existing Creative Commons tools, and the steps being taken to create more appropriate frameworks.

Copyright law is not always suitable for protecting indigenous knowledge for several reasons:

  1. Limited Duration of Copyright: Copyright protects works for a fixed period, after which they enter the public domain and can be freely accessed and reused. Many indigenous works, due to their age, no longer fall under copyright protection.
  2. Collective Authorship: Unlike many copyrighted works with a single identifiable author, indigenous works are often created collectively and over multiple generations, complicating their fit within the copyright framework.

Creative Commons Licences and Indigenous Knowledge

Creative Commons licences rely on the principles of copyright, meaning they are only applicable to works still under copyright protection. However, these licences have significant limitations when applied to indigenous knowledge:

  • They do not address culturally inappropriate or offensive uses of a work.
  • They may not be suitable for older works or those with complex authorship histories.

For indigenous groups, such as iwi or hapū, seeking to make knowledge accessible while maintaining cultural integrity, Creative Commons licences may not provide sufficient safeguards.

Translating CC into Te Reo Māori

The Creative Commons licences have been translated into Te Reo Māori, ensuring that more New Zealanders can use these tools to openly share their copyright works in their native language.