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.)
Sites marked by "Archived website" means they are no longer maintained by anyone. The links, pages or images may be broken due to being archived and can not be fixed.
National Park Service
This is the National Park Service's official site concerning the Native American Graves
and Repatriation Act.
Archived website: Healthwell Exchange
This article is called Respecting Cultural Knowledge by Michael Clute. This article
is located on New Hope .com.
Arizona Attorney
'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 the failure of the courts to
uphold the rights and laws.
Archived website: Cultural and Intellectual Property Rights
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.
Native American Art
This site claims it is devoted to issues of cultural property but mostly from a Western
point of view.
Archived website: Sulair
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.
National Park Service Archeology
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.
Burke Museum
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'(University of Washington).
Also, the Burke Museum claims they are the 'suppository' for the Kennewick Man's remains and are not involved in any studies.
Archived website: Clovis and Beyond Conference
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.
Archived website: First Nation Cultural Heritage in Canada
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.
Archived website: Our Culture Our Future
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.
Archived website: Huron Indian Cemetery
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.
Archaeology Archives
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.
Archived website: University of Iowa - REPATRIATION AND REBURIAL ISSUES
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.
Oxford Intellectual Property Research Centre
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.
WIPO
The World Indigenous Peoples Organization operates this site and you must be a member
to access this site.
WCL State Burial Laws Project
This is a great site, which has all the graves/repatriation laws listed via state
by state including Alaska.
Archived website: The Centre for Traditional Knowledge
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.
Archived website: American Indian Policy Center
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.
International Indian Treaty Council
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.
In Motion Magazine
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.
Native American Rights Fund
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.
National Park Service ARPA
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
Legal Zoom
A detailed description of the entire process of establishing a Trademark.
Trademarks, ETC.
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.
Litman Law
This is a great site for learning about trademarks, patents, and copyrights as well
as the subject of intellectual property.
>USPTO - United States Patent and Trademark Office - Trademarks
USPTO offers resources, examples and other information for trademarks, as well as,
online tools to research trademarks.
Patents
NOLO
Nolo: Law for All. This site provides patent and trade secret legal information for
protecting your invention, nondisclosure agreements and more.
USPTO - United States Patent and Trademark Office - Patents
Also, USPTO - United States Patent and Trademark Office
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.
Copyrights
US Copyright Office
This is the 'official' sit of the United States Copyright Office, located at the Library
of Congress.
Cornell Law School: U.S. Code: Title 17
This is Cornell University Law School's official site with information about copyrights.
There is lots of good information at this site.
CoOL Conversation Online
This is Stanford University's site on the subject of copyrights and intellectual property.
The following is another related site at Stanford: Stanford Copyright and Fair Use
Copyright Clearance Center
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.
Archived website: IFLA NET
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.