Milpurrurru & Ors v Indofurn & Ors: Protecting Expressions of Aboriginal Folklore Under Copyright Law
AbstractThe article identifies the concern relating to the possibly damaging effect of the use of reproductions of traditional Aboriginal designs on products such as key rings, tea towels, wall hangings and T shirts. The author traces the development of the law through two cases. The author points out that although there has been a step forward in the court's willingness to recognise Aboriginal interests in the protection of their artistic works against unauthorised use, the Copyright Act's requirement that the creator of a work be able to assert copyright ownership creates a problem where the design which is the subject of a claim dates back more than 50 years before the infringing act. The author concludes by emphasising the importance of comprehensive legislation to protect expressions of Aboriginal folklore. |