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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.

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.

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.

Purpose – The chapter reports on a national indigenous games research project and follows the socio-political construction of indigenous games as a sporting code and the post-colonial identity dynamics within South Africa.

Design/methodology/approach – Researchers from 11 tertiary institutions in South Africa collaborated to capture 536 ‘indigenous’ game and sporting activities from 170 communities. An inductive research approach informed an emic typology, with further analysis of the 20 most popular indigenous games (and their variations). This analysis demonstrated hegemonic gender and ethnic layering within the context of participation, as well as in the broader South African society. The institutionalisation of selected indigenous games by Sport and Recreation South Africa and the implementation thereof in the Siyadlala programme (community-based mass participation programme), afforded widespread participation to meet a human rights framework.

Findings – In accordance to the strategic outcomes of the national department, this initiative provided access to sport and recreation, especially for the previously ‘disadvantaged’ communities who experienced high levels of exclusion during the Apartheid years (1948–1994). This politically informed intervention followed a political agenda of national identity association in celebrating the African heritage and ‘unity through diversity’. Standardisation of rules and the re-invention of some games for local, national and international festivals along the line of competitive sport offered contradicting messages and practices.

Originality/value – The underlying discourses of post-colonial resistance, national identity formation and socio-political agendas are interrogated.

The purpose of this paper is to propose guidelines for business enterprises engaging with indigenous communities to protect their intellectual property rights, particularly indigenous art works produced for the souvenir industry.

Literature on indigenous art and souvenirs demonstrating exploitation of indigenous communities’ intellectual property was facilitated by a lack of knowledge of how to otherwise behave. The proposed guidelines for commercial entities wishing to engage ethically with indigenous communities draws on international exemplars.

A twelve‐point framework for ethical commerce in indigenous souvenirs between indigenous communities and businesses is proposed to ensure populations lacking economic and social power are not disenfranchised by limited experience in a market society.

The proposed guidelines contribute to achieving reconciliation between mainstream and indigenous people in various countries throughout the world.

This paper assists development of guidelines enabling ethical decision‐making in the souvenir industry applying a critical approach to the principles of corporate responsibility.

The purpose of this paper is to investigate the underlying meanings, effects and cultural patterns of metadata standards, focusing on Dublin Core (DC), and explore the ways in which anticolonial metadata tools can be applied to exercise and promote Indigenous data sovereignty.

Applying an anticolonial approach, this paper examines the assumptions underpinning the stated roles of two of DC’s metadata elements, rights and creator. Based on that examination, the paper considers the limitations of DC for appropriately documenting Indigenous traditional knowledge (TK). Introduction of the TK labels and their implementation are put forward as an alternative method to such limitations in metadata standards.

The analysis of the rights and creator elements revealed that DC’s universality and supposed neutrality threaten the rightful attribution, specificity and dynamism of TK, undermining Indigenous data sovereignty. The paper advocates for alternative descriptive methods grounded within tribal sovereignty values while recognizing the difficulties of dealing with issues of interoperability by means of metadata standards given potentially innate tendencies to customization within communities.

This is the first paper to directly examine the implications of DC’s rights and creator elements for documenting TK. The paper identifies ethical practices and culturally appropriate tools that unsettle the universality claims of metadata standards. By introducing the TK labels, the paper contributes to the efforts of Indigenous communities to regain control and ownership of their cultural and intellectual property.