Indigenous knowledge and intellectual property rights in a networked environment:

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Indigenous knowledge and intellectual property
rights in a networked environment

• the case of the South Africa Music Archive
  Project (SAMAP).
• Ken Chisa
• University of South Africa
• ken_at_essa.ac.za

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Introduction of study

• Growing concern in Africa regarding implications
  of accessing IK over networked environments
  within the framework of IPRs.
• SAMAP focus of study.

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Background information

• Focus of recent IK debate
• Indigenous communities (owners).
• Outsiders (culprits).
• IPRs (Tools).
• Computer networks (space).

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Background information contd

• Result
• Reluctance by Africans to share IK.
• Africas knowledge output limited.
• IK faced with probable extinction (Tsebe 2005
  World Bank 1999 Warren 1993).
• However SAMAP sign of renewed effort by Africans
  to document, preserve and disseminate IK across
  the globe through digitisation.

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The South African Music Archive Project

• Objective to gather, preserve and make
  accessible through electronic services South
  African indigenous music in digital form for
  research, teaching and learning (SAMAP website).
• Partners School of Music, discipline of English
  and the Information Studies Programme (UKZN).

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SAMAP contd

• Collectors and donors
• 3rd Ear Music Company, Shifty Legacy Music
  archive, Lumko African Music and the
  International Library of African Music (ILAM).

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Research problem

• Although there have been various studies showing
  increased development in ICTs and international
  regulations promoting access to IK across the
  globe, none has conclusively shown the impact of
  these tools on the protection of this content
  from illicit users
• Moreover, there is limited understanding in
  Africa of the role of digital archives in the
  implementation of IPRs for protection of
  indigenous intellectual property.

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Purpose of the study

• Explore whether or not there is consensus or
  emerging patterns regarding role of IPRs on
  access, ownership, preservation and
  dissemination of IK in networked environments in
  Africa.

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Research objectives

• Study looks at legal ethical mechanisms put in
  place over computer networks to ensure that South
  African indigenous musicians are recognised as
  creators rightful owners of their intellectual
  property.

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Research questions

• What is the nature of dialogue between the
  original owners of this music and the collectors
  in the course of sourcing the music?
• Are the original owners of the music duly
  attributed and rewarded for their material?
• Who has access rights to this music once it has
  been digitised?

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Research questions contd

• Are ethical issues considered in digitisation
  projects?
• Who has the rights to subsequent adaptations of
  the music such as remixing and re-recording?
• What recommendations based on the findings of the
  study can be made?

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Significance and originality of study

• No research in South Africa on interface between
  indigenous music and IPRs, in networked
  environments using Delphi.
• Research findings in other parts of the world
  around IK and IPRs over-generalised to all
  countries and regions.

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Significance and originality of study contd

• Present study specific to networking of SAs
  indigenous music within the framework of IPRs.
• Recommendations of study likely to contribute to
  literature and future IK digitisation initiatives
  on the continent.

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Research methodology

• Qualitative methods within an exploratory design.
• SAMAP as case study to gather more data.
• Delphi technique to seek opinion and consensus on
  issues.
• Population selected purposively because of
  expertise.

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The Delphi method

• Qualitative research technique
• but with quantitative elements
• Relies on the collection of knowledge from a
  group of experts by means of questionnaires
• Feedback process, taking place over a number of
  rounds
• Characteristics
• Very flexible
• Good at avoiding group pressure (anonymous)
• Good at addressing complicated or expert
  questions
• Removes the constraints of distance and time

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Delphi method contd

• Delphis weaknesses
• Time requirements
• Low response rate
• Sloppy execution
• Manipulation of Delphi

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Procedures for data collection

• Questionnaires via email.
• Face to face interviews.
• Literature review.

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Population of study

• Experts group of knowledgeable people ... who
  can provide relevant input to the process, have
  the highest authority possible, and are committed
  and interested ... (Gutierrez 1989 33)
• Collectors/donors 3rd Ear Music company, Shifty
  Legacy Music Archive, Lumko African Music and the
  International Library Music.

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Limitations of study

• Paucity of literature.
• Funded project.
• Bias and prejudice in sources.

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CONCLUDING REMARKS

• Main concern of study
• Despite increased development in the technology
  and international regulations to promote global
  access to IK, none has conclusively shown the
  impact of these tools on the protection of this
  content from illicit users.
• Many national, regional and intl meetings where
  matters relating to IK protection are constantly
  discussed bear testimony to this growing concern.

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End of presentation

• Thank you.

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