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Native Pathways to Education
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Vivian Faith Martindale CIPR Web Search

An extensive web search on Cultural and Intellectual Property Rights by Vivian Faith Martindale
(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.)

 

http://www.cr.nps.gov/nagpra/
This is the National Park Service's official site concerning the Native American Graves and Repatriation Act.

http://www.healthwellexchange.com/nfm-online/nfm_backs/Mar_00/indigenous.cfm
This article is called Respecting Cultural Knowledge by Michael Clute. This article is located on New Hope .com.

http://www.azbar.org/ArizonaAttorney/Jan98/1-98a3.asp
'Native American Cultural Property Law Human Rights Legislation'
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.

http://www.ischool.utexas.edu/~vlibrary/edres/pathfinders/eckenrode2/
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.

http://www.hanksville.org/sand/intellect/art.html
This site claims it is devoted to issues of cultural property but mostly from a Western point of view.

http://www-sul.stanford.edu/depts/ssrg/native/appf.html
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 collection.

http://www.cr.nps.gov/aad/kennewick/
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.

http://www.washington.edu/burkemuseum/kman/kman_home.htm
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 jewelry'(Washington.edu).

Also, the Burke Museum claims they are the 'suppository' for the Kennewick Man's remains and are not involved in any studies.

http://clovisandbeyond.org/
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.

http://www.law.ualberta.ca/research/aboriginalculturalheritage/
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.

http://www.icip.lawnet.com.au/
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.

http://www.sfo.com/~denglish/huroncemetery/
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 years.

http://www.he.net/~archaeol/9603/newsbriefs/repatriation.html
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.

http://www.uiowa.edu/~anthro/reburial/repat.htm#Ethics%20Codes
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.

http://www.oiprc.ox.ac.uk/EJINDEX.html
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 feedback. This 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.

http://www.wipo.org./
The World Indigenous Peoples Organization operates this site and you must be a member to access this site.

http://www.arrowheads.com/burials.htm
This is a great site, which has all the graves/repatriation laws listed via state by state including Alaska.

http://www.thecentrefortraditionalknowledge.org/
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 development.

http://americanindianpolicycenter.org/projects/tribsov.html
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 government land.

http://www.treatycouncil.org/home.htm
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.

http://www.inmotionmagazine.com/ra01/ms2.html
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.

http://www.narf.org/
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 nationwide. This site contains a court watch, site links, case updates, library access and more.

http://archnet.asu.edu/archnet/topical/crm/usdocs/arpa79.html
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 patents

 

Trademarks:

http://www.legalzoom.com/legalwiz/trademarks/tm_detail.html
A detailed description of the entire process of establishing a Trademark.

http://www.trademarksetc.com/
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 needs.

http://www.litmanlaw.com/info/trademarks.htm/?source=overture
This is a great site for learning about trademarks, patents, and copyrights as well as the subject of intellectual property.

http://www.trademark.com/newsite2/index.html
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.

 

Patents:

http://www.nolo.com/lawcenter/index.cfm/catid/FD8C060B-5DD4-4809-A53ECCF6BBD87E32
Nolo: Law for All. This site provides patent and trade secret legal information for protecting your invention, nondisclosure agreements and more.

http://www.legalconsumerguide.com/legal_information/general_law/intellectual_property/patent/how_to_get_patents.html
This is a site called Legal Consumer Guide. It has information on patents, intellectual law and trademarks. 

http://0-www.uspto.gov.library.csuhayward.edu/web/patents/howtopat.htm

Also, http://0-www.uspto.gov.library.csuhayward.edu/
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.

http://www.virtualpet.com/industry/howto/psearch.htm
This site will answer some of the important questions about patents as well as how to conduct a patent search.

 

 

Copyrights

http://www.loc.gov/copyright/
This is the 'official' sit of the United States Copyright Office, located at the Library of Congress.

http://www4.law.cornell.edu/uscode/17/
This is Cornell University Law School's official site with information about copyrights. There is lots of good information at this site.

http://palimpsest.stanford.edu/bytopic/intprop/
This is Stanford University's site on the subject of copyrights and intellectual property. The following is another related site at Stanford: http://fairuse.stanford.edu/

http://www.copyright.com/
This site calls itself Copyright Clearance Center. Here you can get 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.

http://www.ifla.org/II/cpyright.htm
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.

 

 

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Last modified June 15, 2012