Vivian Faith Martindale CIPR Web Search
An extensive web search on Cultural and Intellectual Property
Rights by Vivian Faith
(Keep in mind that this list was compiled by a student for a class in 2006. The links to these websites were active during the time of compilation and may not be active today.)
This is the National Park Service's official site concerning the
Native American Graves and Repatriation Act.
This article is called Respecting Cultural Knowledge by Michael
Clute. This article is located on New Hope .com.
'Native American Cultural Property Law Human Rights
by Hon. Sherry Hutt. She writes about the Recognition
of Cultural Property Rights
as Protected Human Rights. This author also discussed is
the failure of the courts to uphold the rights and laws.
This site contains the article, 'Cultural and Intellectual
Property Rights A Pathfinder for Native People, Students, Educators
and the General Public By Dawn Eckenrode. There is a link page
for students who want to find out more about cultural and
intellectual property rights.
This site claims it is devoted to issues of cultural property but
mostly from a Western point of view.
The Native American Graves Protection and Repatriation Act
(NAGPRA) was signed into law in November 1990 by President George
Bush. It protects burial sites on federal and tribal lands and
creates a process for repatriating cultural items, including
artifacts and human remains, to native tribes. In November 1993,
museums holding certain Native American artifacts were required to
prepare written summaries of their collections for distribution to
culturally affiliated tribes. In November 1995, museums were required
to prepare detailed inventories of their Native American
This is the National Park Services Web site. According to the
authors, The human skeletal remains that have come to be referred to
as the 'Kennewick Man', or the 'Ancient One', were found in July,
1996, below the surface of Lake Wallula, a pooled part of the
Columbia River behind McNary Dam in Kennewick, Washington. Almost
immediately controversy developed regarding who was responsible for
determining what would be done with the remains. Claims were made by
Indian tribes, local officials, and some members of the scientific
community. The U. S. Army Corps of Engineers (COE), the agency
responsible for the land where the remains were recovered took
possession, but its actions, following the Native
American Graves Protection and Repatriation Act (NAGPRA), to
resolve the situation were challenged in Federal court.
This site about the Kennewick Man is very interesting. It gives
some details about him that enable him to be more personalized rather
than simply 'bones' or an archeological find. 'The Kennewick Man was
about 5 feet 9 inches tall, and had a robust, muscular build. At the
time of his death, he was between 30 and 50 years of age and had
survived a projectile point wound in his right hip that probably made
walking difficult. His area of Eastern Washington was cooler and
wetter 8,400 years ago than today, with grasslands and scattered pine
forests covering the land. Ancient large bison, elk, deer, fish,
freshwater shellfish, and plants were important sources of food. In
the 1960s and 1970s, other human remains dating to 10,000 years ago
were found just north of Kennewick with knives, spear blades, drills,
spear-thrower parts, and other tools, as well as shell
Also, the Burke Museum claims they are the 'suppository' for the
Kennewick Man's remains and are not involved in any studies.
This site is an example of opposing thoughts on the subject of
the Kennewick man and the issue of studying the bones of indigenous
ancestors. Despite NAGPRA, there still remains a large percentage of
the population who don't understand the concept of community nor the
concept of sacred, nor ancestral respect.
This is a site about the 'Protection and Repatriation of First
Nation Cultural Heritage' research project. This is a collaborative
effort between an international team of scholars in law and
anthropology and First Nation partners in the provinces of Alberta
and British Columbia.
This is an Australian site. The Indigenous Australians are
concerned that their culture is currently under threat. In an age of
commercialization, new technology and increased globalization,
Indigenous people are concerned for the ongoing maintenance of the
culture. Indigenous people seek better recognition and protection of
their Indigenous Cultural and Intellectual Property. You can also
download a copy of the report called: Our
Culture Our Future Report on Australian Indigenous Cultural and
Intellectual Property Rights.
I found this site to be very interesting in regards to Native
rights. It is the story of a battle for a Native cemetery. The
Hurons, of Kansas have had an ongoing battle to keep their cemetery
out of the hands of developers. This has been going on for 130
This site is about 1,000 Native American skeletons and
accompanying funerary items found in the Tonto National Forest, which
is located around 80 miles northeast of Phoenix. Eleven different
tribes are attempting to be allowed access and permission to bury
these remains. Some tribes are claiming to be descendants and others
are claiming that the bones were found on their reservations and thus
want to rebury the bones in the area.
This particular site lists the different burial codes/ethics
established by various states within the Untied States. According to
the site: The state of Iowa has been a national leader in developing
state law and policy on repatriation/reburial. Their program is often
cited as a national model. Links on this page describe their program
in great detail.
This site is called the Oxford Intellectual
Property Research Centre. The site contains a series of papers
published by members and guests of the Centre for information and
site mostly deals with the UK but could make for some interesting
investigation on contrasting the Western idea of intellectual and
cultural property and the indigenous viewpoint.
The World Indigenous Peoples Organization operates this site and
you must be a member to access this site.
This is a great site, which has all the graves/repatriation laws
listed via state by state including Alaska.
The mission of The Centre For Traditional Knowledge is to promote
and advance the recognition, understanding and use of Aboriginal
traditional knowledge in policy and decision making for sustainable
This is a great site to find articles concerning Native Americans
and Federal laws. There are such articles as 'Rethinking Tribal
Sovereignty' by Vine Deloria Jr. as well as other articles of
interest such as 'Traditional
values and roles of elders need to be incorporated into program
designs.' Also located on this site is a good article called 'Who
Owns the Dead?' This article is about burial rights and proper
protocol and respect. One of the papers on this site discusses
two statutes that affect repatriation. One is the Archaeological
Resources Protection Act of 1979, protects artifacts (pottery,
baskets, etc.) more than 100 years old if they are found on public or
This organization is designed to seek, promote, and build
official participation of Indigenous peoples in the U.N. and its
special agencies, as well as other international forums.
On this site you will find worldwide political issues concerning
Indigenous peoples, among these are the Arctic National Wildlife
Refuge drilling issue and the assassinations of the spiritual leaders
of the Kuna Indians.
This site is by Maui Solomon Nairobi, Kenya Wellington, Aotearoa
/ New Zealand. It explains The Treaty of Waitangi and includes
articles such as 'What are Maori Seeking: A Tikanga Maori Framework
of Protection.' I believe this site is a paper that was written by
Mr. Solomon. This is a very interesting site if one wants to learn
about the Maori culture.
This site is a great site. It is sponsored by the Native American
Rights Fund. The Native American Rights Fund (NARF) is a non-profit
organization that provides legal representation and technical
assistance to Indian tribes, organizations and individuals
site contains a court watch, site links, case updates, library access
This site explains the Archeological resources protection act of
1979. This site outlines the act; excavation and removal, custody of
resources, criminal penalties, civil penalties, rewards, and
forfeiture. According to the site, The purpose of this Act is to
secure, for the present and future benefit of the American people,
the protection of archaeological resources and sites which are on
public lands and Indian lands, and to foster increased cooperation
and exchange of information between governmental authorities, the
professional archaeological community, and private individuals having
collections of archaeological resources and data which were obtained
before the date of the enactment of this Act.
The following sites pertain to trademarks, copyrights and
A detailed description of the entire
process of establishing a Trademark.
Trademarks, Etc. makes the process of trademark searches and
registrations quick and easy. Trademarks Etc claims they provide
fast, low cost, helpful, friendly service tailored to your individual
This is a great site for learning about trademarks, patents, and
copyrights as well as the subject of intellectual property.
Trademark.com is a division of MicroPatent and one of many
intellectual property offerings from Information Holdings Inc (NYSE:
IHI). MicroPatent is parent to Trademark.com, Faxpat, Woolcott, and
now Aurigin Systems Inc. Trademark.com's auspicious beginnings
started in 1995. This site claims it is an affordable, online search
service created by professionals with decades of trademark expertise
and technical know-how.
Nolo: Law for All. This site provides patent and trade secret
legal information for protecting your invention, nondisclosure
agreements and more.
This is a site called Legal Consumer Guide. It has information on
patents, intellectual law and trademarks.
This is an official U.S. Patent and Trademark office. This is
probably the best and most 'official' place to start when learning
about patents and trademarks.
This site will answer some of the important questions about
patents as well as how to conduct a patent search.
This is the 'official' sit of the United States Copyright Office,
located at the Library of Congress.
This is Cornell University Law School's official site with
information about copyrights. There is lots of good information at
This is Stanford University's site on the subject of copyrights
and intellectual property. The following is another related site at
This site calls itself Copyright Clearance Center. Here you can
permission to reproduce copyrighted content such as articles and
book chapters in your journals, photocopies, course packs, library
reserves, Web sites, e-mail and more.
This site has information on copyrights and intellectual
property. The International Federation of Library Associations and
Institutions run this site. Also, this site has links to other
Internet sites with information about copyrights.