Libraries and Learning Services acknowledge the importance of using Indigenous knowledges properly and respecting Indigenous intellectual property. It is important to recognize that Canadian copyright law does not adequately protect Indigenous Knowledges or acknowledge Indigenous natural law, or follow the recommendations set out by the Truth and Reconciliation Commission or the United Nations Declaration on the Rights of Indigenous Peoples. As such, we are committed to promoting awareness and understanding in the use of Indigenous knowledges. Through ongoing collaboration and dialogue with local Indigenous communities and organizations including, but not limited to, the Anishinabek Education Training Circle and the Elders Advisory Circle, we strive to ensure their knowledges are respected and protected in accordance with their protocols and values.
Understanding why Canadian copyright laws cannot be applied to Indigenous Knowledge helps to appreciate how it can be respected and properly used.
Canadian copyright is a colonial concept that is not compatible with the traditional forms and expressions of Indigenous Knowledge, nor the ways for protection of their cultural and intellectual property and therefore does not yet provide protection for these forms of knowledge. It requires key characteristics to be eligible for protection under the Act.
Whereas, Indigenous Knowledges are a living set of contextual knowledge systems that reflect the unique traditions, cultures, languages, values, histories and governance of Indigenous Peoples and can take many forms, such as oral stories, pictographs, wampum, birchbark scrolls, petroglyphs, spoken words, music, songs, dances, arts, crafts and medicines, amongst others.
Note: Indigenous Knowledges by Indigenous authors and creators and published in books, or as articles submitted to journals and recorded songs or music that is fixed on paper or in software is protected under copyright law in Canada.
Copyright Law requires certain criteria to be met in order to be covered under the Act. These laws have been developed over centuries based on colonial concepts set by European precedents.
Key characteristics essential for protection are:
Indigenous Knowledges encompasses rich bodies of wisdom that reflect profound connections to Creation, the land, the natural world, and ancestors, because of this, it is considered by some to be sacred. It is often shared by specific people who have the right to have that particular knowledge with specific people who have corresponding rights and responsibilities to carry that knowledge.
Indigenous Knowledges are comprised of the following elements that conflict with the requirements listed above:
Note: Sometimes there is no permission for use or reuse. It may not be reused.
Before recording, taking a picture, sharing, quoting or repeating Indigenous Knowledge including ceremonial, traditional and contemporary teachings, songs, prayers, practices, etc. presented in class, presentation, or any function at Georgian through oral, visual, audible or written formats:
Note: Using without permission is cultural appropriation or theft and plagiarism of Indigenous Knowledge.
Before creating classroom lectures, presentations and materials for publication that include Indigenous knowledges, creators must ensure they have permission to share with any persons from the Indigenous person that has shared the knowledge.
When including Indigenous Knowledge in classroom materials, the materials must include only thoroughly researched and verified knowledges. For guidance or support, consult with the E-kinoozhiwed, Faculty Developer in the Centre of Teaching and Learning.
If the Knowledge Keeper(s) or presenter(s) are not available/found to grant permission, email the library for next steps copyright@georgiancollege.ca .
Be aware that:
An essential characteristic of Indigenous knowledge systems is their dynamic nature. While they may incorporate ancient protocols and customs, Indigenous people are and have always been contemporary. As such, Indigenous knowledges and protocols are adaptable and evolve over time. Likewise, this guide is not static; it is a work-in-progress—a living document that will continue to change and grow as is needed.
Some concepts discussed in the creation of this guide that may require clarification:
‘The recognition and intellectual activation of Indigenous knowledge today is an act of empowerment by Indigenous people’ - Marie Battiste, 2005.