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Traditional cultural expression (TCE) includes music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts and narratives or many other artistic or cultural expressions [World Intellectual Property Office (WIPO)]. To constitute TCEs, the expressions must form part of the identity and heritage of a traditional or indigenous community and need to be passed down from generation to generation (Kuprecht, 2014). This paper aims to analyse the protection of TCE in Malaysia by focusing on the Mah Meri tribe. This paper examines copyright over TCE, recordation as a means of preserving a dying tradition and customary practices and native law.

Information is drawn from personal discussions with the weavers and carvers of the Mah Meri tribe, and a focus group discussion with subject matter experts. As a way of comparison, a personal visit has been made to Sarawak Biodiversity Centre, Sarawak Native Courts, the Dayak Iban Association and Dayak Bidayuh Association.

The research found that copyright law has no specific provision for the protection of TCEs. Customary practices of the indigenous people and the native law of Sarawak have limited effect outside their traditional domain. Recordation and documentation of TCEs are the prime initiatives, but the documents or the recordings do not carry any legal status.

The research is limited only to the Mah Meri tribe with a comparison drawn to the Dayak Iban and Dayak Bidayuh tribe.

The research examines the practical implications of copyright and recording and documentation of cultural expression in Malaysia.

The research sets to unearth and highlight the ideation process in a tribal setting and how that clashes with the formal creation setting in a modern intellectual property system.

This paper was presented at the IAITL Congress 2013. It also appeared in the Conference Proceedings edited by Slyvia Kieerkgard, but it has not been published in any journals.

This chapter is concerned with the question that is indigeneity, and its situation within literary and juridical imaginaries. As a persistently unsettling presence, indigeneity appears outside the law, before the law and beyond the law – indeed, in Derrida's terms, as an evocation of the unconditional. Whereas the law determines indigeneity to recognise it, I propose that its expression in Indigenous literature evokes a Derridean unconditional to which the law must perpetually, if momentarily, respond. This chapter elaborates a conception of indigeneity, as expressed in Indigenous literature, as disruptive and deconstructive of non-Indigenous law, opening its narratives to transformation.

The indigenous peoples of the Philippines have had to struggle against historical injustices for centuries. They fought against colonization and the subjugation of their cultures and ways of life. Over the decades, their next generations are confronted with exclusion, discrimination, and encroachments on their ancestral domains which have resulted in social and economic disadvantages. An obvious case in point is the lack of sympathetic and affirmative policy directives for the culture-based education of indigenous children and youth. This paper reflects on the policy development processes undertaken to institutionalize inclusion and social justice in indigenous peoples education policies within the K to 12 Basic Education Program. Using the method of narrative inquiry, the stories of reform are told from the point of view of those who facilitated the crafting of these policies. Three narratives demonstrate that contextualized and empowering education strategies and processes transform not only policy but also the policy makers.

This investigation aims to highlight the need for the information professions globally to value diverse knowledge paradigms in a world where people from diverse cultures and backgrounds interact with information on a daily basis. We provide examples from the Library and Information Science (LIS) profession in New Zealand which has been shaped by socially and culturally inclusive education and practices which take into account diverse ways of knowing and understanding the world and information.

An investigation into socially and culturally inclusive LIS education initiatives worldwide contextualizes a discussion of current LIS curricula in New Zealand and their delivery. The achievements and challenges in LIS education, the library profession, and library service are considered alongside the rich and varied nature of New Zealand society and the provision and accessibility of library services.

LIS education is at the start of this process, and New Zealand education providers promote a range of socially and culturally inclusive practices within their programs resulting in LIS graduates who are equipped to make ongoing contributions to an inclusive society through their professional work. We conclude that these three inseparable components of LIS in New Zealand result in social and cultural inclusion, but can always be further enhanced.

This chapter draws attention to the absence of consideration for non-Western knowledge paradigms in LIS curricula worldwide, and brings together diverse examples, mandating for library services and a library profession that reflect the rich social and cultural makeup of the communities we serve. We conclude that three inseparable components of LIS in New Zealand result in social and cultural inclusion, and there is always opportunity for further enhancement.

The purpose of this paper is to explore the issues and potential in using the participatory approach to help sustain the fairs and festivals of small and medium towns and tap into their tourism potential.

An annual fair held in Sohna, a small town of Haryana, part of the District Gurgaon that has shown an exponential decadal urban growth rate, has been taken as a case to reflect on the context of small towns in India.

Due to out-migration and weakening of local indigenous population and change in occupation patterns, there is threat to continuity of the fairs and festivals. The processes revolving around the urban fairs and festivals are driven though participation of various local stakeholders and mechanisms; hence, any attempts at strengthening or sustaining these need to stem from understanding of the various participants and their roles.

An understanding of the possibilities and issues in organising the fairs and festivals through stakeholder engagement can help develop solutions to sustain these, enabling cultural continuity and positive economic impact on the various stakeholders.

This paper creates a discussion on sustaining the little known cultural wealth of small and medium towns in Haryana among all local and external stakeholders with focus on fairs and festivals.

The purpose of this paper is to present reflections on the contradictions between structure and agency in theories of the Bolivian Revolution, 2000-2005. Most studies into the trajectory and outcomes of the revolutionary period in Bolivia between 2000 and 2005 tend to emphasise on the primary role of structural factors or social movements in shifting the terrain of political debate. This paper argues this represents a false dichotomy and discounts the value of this debate. In doing so, it seeks to highlight the need for research that focuses on the role of institutional variables that mediate between structure and agency.

The paper uses theories of the Bolivian Revolution, which occurred between 2000 and 2005, to highlight the way theory shapes – and is shaped by – the political organisations that espouse it. This constructivist thesis is applied to conceptions of neoliberalism and Katarismo, an ideology of indigenous liberation, based in Andean-Aymara history. The intellectual and political projects of each approach are demarcated. Theories that privilege either the intellectual project or political project in their narrative of the Bolivian Revolution are then queried.

As a consequence of this analysis, the paper concludes by emphasizing the need for political organisation and theory to be considered dialectically along the lines of Gogol (2012). It argues that further research into institutions is required to appreciate why some post-neoliberal projects flourish while others fragment.

The paper proposes a modified understanding of the interplay between structure and agency in conceptions of the Bolivian Revolution (2000-2005) and suggests an original approach to resolving the underlying questions that motivate these debates.

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya.

The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya.

The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya.

Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya.

The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK.

The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

The aim of producing Bah Luj Production, four folk tales books accompanied by a compact disc of its narration, dialogs and music is to revitalize the folk tales, music and cultural heritage of the indigenous Semai by condensing them into an innovative resource package, tailored to appeal to the current generation’s consumer interests and lifestyles. The targeted audiences for the product are Malaysians, in particular the Semai community, as well as other local and international consumers. The purpose of this paper is to examine a practice-led approach toward considering the empowerment of selected culture bearers assisted by the intervention of researchers from the academia in facilitating the sustainability of indigenous cultural traditions in Malaysia.

This approach is practice-led – Bah Luj Production was developed based on action, reflection, review and revision. This paper provides visibility to the research process, enabling readers to understand the issues, challenges and decision-making processes. The practice-led approach that was used for this project provides a realistic practical guide, bridging the gap between theory and practice. In the conclusion, the authors also bring forth ideas for improvement through reflection, on suggested approaches in ways this research did not manage to pursue.

This paper proposes three approaches in advocating for cultural sustainability through innovation: collaboration between selected culture bearers and researchers in the academia; indigeneity of cultural expressions and illustrations; and adaptability and relevance to current interests of indigenous people and consumers of indigenous music and literature. This paper argues that it is important for the researcher to navigate research with relevance to the context and situation.

While many articles focus on presenting the outcomes of a research project, this paper guides the reader toward understanding the limitations, constraints and negotiations made by the research team during the research and production stages. Transparency in the process of decision making will enlighten readers on realistic, practical approaches as opposed to idealistic theoretical methods.

This paper argues for sustainability through innovation and posits that cultural heritage practices that continue to be performed are those that are adaptable, flexible to change and open to innovation – therefore maintaining relevance to time, context and consumers. This paper posits that researchers should be flexible and practical in their research actions and avoid generalizations that come out of recent and popular critical theories as the most, or only suitable, approaches for diverse communities.

The development of an alternate approach, theory/concept and guidelines toward sustainability through innovation make this study the first of its kind. This approach integrates tradition with creation.

The purpose is to review the formation, event management, performance development and consumption of South East Australia’s inaugural 2018 Giiyong Festival with emphasis on the sociocultural imaginary and political positionings of its shared theatre of arts.

A trialogue between a musicologist, festival director and Indigenous stakeholder accrues qualitative ethnographic findings for discussion and analysis of the organic growth and productive functioning of the festival.

As an unprecedented moment of large-scale unity between First and non-First Nations Peoples in South East Australia, Giiyong Festival elevated the value of Indigenous business, culture and society in the regional marketplace. The performing arts, coupled with linguistic and visual idioms, worked to invigorate the Yuin cultural landscape.

Additional research was curtailed as COVID-19 shutdowns forced the cancellation of Giiyong Festival (2020). Opportunities for regional Indigenous arts to subsist as a source for live cultural expression are scoped.

Music and dance are renewable cultural resources, and when performed live within festival contexts they work to sustain Indigenous identities. When aligned with Indigenous knowledge and languages, they impart central agency to First Nations Peoples in Australia.

The marketing of First Nations arts contributes broadly to high political stakes surrounding the overdue Constitutional Recognition of Australia's Indigenous Peoples.

The inclusive voices of a festival director and Indigenous manager augment a scholarly study of SE Australia's first large Aboriginal cultural festival that supplements pre-existing findings on Northern Australian festivals.