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1---PERM: do both. The net-benefit is indigenous choice through legal pluralism. Parallel systems optimize indigenous choice, maximizing opportunity for creative and selective engagement with the law.

Pınar Oruç, 11-11-22, “Documenting Indigenous oral traditions: Copyright for control”, Cambridge University Press, (Oruç has completed their PhD on copyright law and cultural heritage in Queen Mary University of London, supported by the Herchel Smith Intellectual Property PhD Scholarship. They hold an LLM in International Commercial Law from Cardiff University and a BA in Law from Koc University.) https://www.cambridge.org/core/journals/international-journal-of-cultural-property/article/documenting-indigenous-oral-traditions-copyright-for-control/02C8DC70BE6C16A8547AB93266D03454 , Accessed 7-16-2024, /hcc

The first section of this article has shown that the treatment of Indigenous oral traditions relies on multiple legal areas, but none of them are sufficient on their own. Cultural property law provides the basis for safeguarding and inventory making. Indigenous rights provide more control to Indigenous people, and this control then extends to their creations, such as oral traditions. Intellectual property rights, while useful for controlling the subject matter, does not have a single type of right that perfectly fits oral traditions. While not opposing other types of rights and a future sui generis system, the second part of this article has analyzed the copyright implications for different works in different stages, meaning that copyright will affect control at every stage. This does not have to automatically mean that copyright is always beneficial for the Indigenous community. In fact, especially in the earlier stages, copyright can benefit outsiders more. However, recognizing and avoiding copyright pitfalls in earlier stages and then having the option to rely on copyright at later stages is still relevant for Indigenous communities interested in this type of control. Therefore, this article has reached the conclusion that the impact of an existing, relatively harmonized, and strong system like copyright needs to be recognized and considered in parallel to other attempts for finding what is best for oral traditions.

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