Manual:Traditional Knowledge Licenses and Labels
From Mukurtu Documentation
This page contains general information about Traditional Knowledge Access and Use Licenses and Labels, under development and currently tested as part of the Mukurtu CMS development project.
Traditional Knowledge (TK) General Explanation
Traditional Knowledge licenses and fair-use labels recognize that Indigenous communities have different access and use expectations in regards to their knowledge and cultural expressions. These different expectations of access and use depend heavily on the material itself and the local context from which it derives. These licenses and labels help identify this material and establish culturally appropriate forms of managing access. In particular they are designed to identify and clarify which material has community-specific, gendered and high-level restrictions. This is especially with regards to the circulation of sacred and/or ceremonial material. Additionally, these licenses and labels can be used to recognize that use of specific material might require special permission and appropriate acknowledgement of the source community. The licenses and labels are designed to help clarify local knowledge management systems and cultural protocols to external and/or non-community users. They are not designed for internal community use.
The licenses do not change already existing rights and responsibilities of copyright owners and copyright users. These licenses are additional agreements that acknowledge that with some material, special rules governing access and use of that material also exist. It asks all parties to be sensitive to the Indigenous customs and laws that govern this material, and that some material in the archive or digitally circulating is sensitive, has restrictions and is not free to be used by anyone at any time.
The Labels are designed for material that is already considered to be in the public domain and is no longer protected by copyright. The labels are suited for older material or when ownership is not clear. The labels are an option for conveying important information about the material. They can be used to include information that might be considered ‘missing’, for instance name of community from where it derives, what conditions of use are deemed appropriate, how to contact the relevant community to arrange appropriate permissions etc. The labels help users identify sensitive cultural material and therefore also help users in making informed decisions about how this material should be used and in what ways. The labels are designed to promote the fair and equitable use of expressions of traditional knowledge.
It is important to note that you cannot change already existing copyrights with these licenses and labels. But you can use them to add new conditions of use and/or to help educate people in how your material should be respectfully and ethically treated according to your local community expectations and obligations.
Before you decide on a license or a label for your materials you should:
- Identify the nature of the material in the archive (text, photos, audiovisual, sound etc). This is because different copyright rules and considerations apply to each type of material;
- Determine what rights exist in those specific materials? Once you have determined what rights exist you will be able to determine what system governs use and circulation. There are two main options: conventional IP rights (such as copyright) and rights under customary law;
- Determine who owns those rights? This might include the author of the works. Conventional copyright rights may or may not vest in the communities themselves. They will often vest in the party who physically made the recordings that are in the archive, and these rights should be assigned to the communities so they can manage them. Rights under customary law belong to the communities but unfortunately they do not bind third parties. You will want to identify whether it is an individual or collective right.
- The TK licenses below set guidelines for how people can and can’t use your materials outside your community. Choosing these helps people understand the different questions of access and use that your community might have and asks them to agree to use, remix, circulate and distribute the material according to your local cultural protocols.
TK Licenses
Traditional Knowledge Attribution (TK A)
TK holders: This license should be used when you would like anyone [within or outside the community] who uses this material in any way, including for research, study or public presentations, to clearly and accurately identify your community as the source of the material. You may like to develop a specific way of phrasing this attribution and include it as part of the license.
TK users: You are allowed to use this material under the condition that whatever purpose you use it for, including for research, study or public presentation, you clearly and in print, attribute the material to X community in the manner specified. [This material represents the traditional knowledge of the X community.]
Traditional Knowledge Attribution Non-Commercial (TK A-NC)
TK holders: This license should be used when you would like anyone [within or outside the community] who uses this material in any non-commercial way, including for research, study or public presentations, to clearly and accurately identify your community as the source of the material. You may like to develop a specific way of phrasing this attribution and include it as part of the license.
TK users: You are allowed to use this material under the condition that whatever non-commercial purpose you use it for, including for research, study or public presentation, you clearly and in print, attribute the material to X community in the manner specified. [This material represents the traditional knowledge of the X community.]
Traditional Knowledge Community Owned Education (TK CO-E)
TK holders: This license should be used when you are entering into a formal relationship for use of your cultural material in an educational context. This license creates an agreement that this material will only be used in an educational context and depending on what kind of context and the possibilities for increased circulation of this material you may want to negotiate with the institution for fair and equitable reciprocal exchange. The users will need to clearly and accurately identify your community as the source of the material. You may like to develop a specific way of phrasing this attribution and include it as part of the license.
TK users: You are licensed to use this material under the condition that whatever educational purpose you use it for you clearly and in print, attribute the material to X community in the manner specified and maintain community expectations regarding the access and use of this material. Depending on your size as an institution and the possibilities for further circulation that come with your education purposes, you will be asked to enter into a dialogue with the community about fair and equitable reciprocal exchange wherein you provide access to selected educational materials to the community.
Traditional Knowledge Community Owned Commercial (TK CO-C)
TK holders: This is a general license that should be used when you want this material to be used by second and third party users in a commercial way. You will not have control of this material once it is commercially used. Depending on the material and the commercial use, you can stipulate certain limited conditions in relation to this commercial use. If it is appropriate you may also want to negotiate a one-time fee for allowing commercial use of this material. You may want to use Creative Commons licenses to also help clarify the nature of the commercial use.
TK users: This material has been designated by X community as being available for commercial use. You will need to contact the community directly to confirm that the intended commercial use of the material is not considered derogatory or disrespectful under community protocol. You will also need to pay a one-time fee for commercial use of this material. You are required to find an appropriate way of acknowledging the original source of this material. Please take special note of the accompanying Creative Commons licenses for further specifics in regards to the commercial use of certain material.
TK Labels
Traditional Knowledge Public Domain Commercial (TK PD-C)
TK holders: This is a general label for material that is in the public domain and that you have no copyright ownership or control over. This label should be used to let second and third party users of this material know that despite having no legal control over the future use [commercial or otherwise] of this material, that they should still follow cultural protocols and expectations of use for this material. In particular this relates to acknowledging you as the source community for this material. This label should be used to promote awareness and to help to prevent derogatory or other uses of material that may constitute community or cultural harm.
TK users: This material is available for commercial use because it is in the public domain. While X community does not have any copyright ownership over this material, you are requested to respect and follow existing community protocols when using this material. Regardless of legal ownership X community requests that it [in conjunction with Y] be recognized as the source community in any future commercial use of this material. You are also kindly requested to pay special attention to the community’s protocols and to not use this material in any way that could constitute derogatory treatment and/or any other use that could constitute community or cultural harm.
Traditional Knowledge Externally Owned Commercial (TK XO-C)
TK holders: This label is for material that the community does not legally own but is owned by a third party (like a researcher or an institution). [This material should be clearly marked as such.] This label asks the commercial user to acknowledge the community as the original source of the material. It also asks the user to recognize and uphold community protocols in relation to the commercial use of the material. This is especially in order to prevent derogatory use or other uses of material that may constitute community or cultural harm.
TK users: This material is available for commercial use. While X community does not have copyright ownership of this material, it is still protected under copyright and the copyright owner is clearly identified. You will need to make direct contact with the copyright owner in order to negotiate the terms of the commercial use. Regardless of the copyright ownership, you are asked to clearly recognize X community as the source community in any commercial use of this material. You must also pay special attention to the community’s protocols and not use this material in any way that could constitute derogatory treatment and/or any other use that could constitute community or cultural harm.
Traditional Knowledge Community Use Only (TK CU)
TK holders: This label should be applied when you want the material to be accessed and shared within your community [or related communities] only. This label could be used in compliment to already existing protocols governing use of this material. It can be used to inform all community members that the expectation is to share this material internally. It will also let external parties who may accidently come across this material know what the community conditions governing this material are. This label is recommended when there is cultural material that is community sensitive but is free to be shared by all members of the community.
TK users: The material you have accessed is designated as community use only. If you are recognized as part of the community you may access this material and share it freely within your community context and with regard to already operating community protocols. If you are not from the community and you have accessed this material, the X community requests that you do not download, copy, remix or otherwise circulate this material to others without express community [oral/written] permission. [If you have come across this material freely online, you may wish to contact the community directly to let them know of its existence beyond their community archive.]
Traditional Knowledge External Use Only-Women General (TK XU-WG)
TK holders: This label should be applied when the material that is being accessed by external users is traditionally material that should only be shared between women in the community. This label can be used to make external users recognize that within the community there are specific protocols and conditions of use and that the external user needs to respect and to enter into dialogue about the appropriate use of this material outside the community. This label is designed to recognize that some knowledge is gendered, and that certain knowledge can only be shared among specific members of the community. This is a women’s general label and restricts access and use to women within the community. It should be used to compliment already existing customs and protocols of access and use.
TK users: This material has specific gender restrictions on access. It is usually only to be accessed and used by women in the community. If you are recognized as part of the community you may access this material and share it freely within your community context with regard to the gendered conditions of access and use. If you are not from the community and you have accessed this material, the X community requests that you do not download, copy, remix or otherwise circulate this material to others without express community [oral/written] permission. [If you have come across this material freely online, you may wish to contact the community directly to let them know of its existence beyond their community archive.]
Traditional Knowledge External Use Only-Women Restricted (TK XU-WR)
TK holders: This label should be applied when the material that is being accessed by external users is traditionally sensitive sacred/secret and restricted ceremonial material. This label recognizes that within the community from which this material derives there are specific protocols and conditions of use and that the external user needs to respect and to enter into dialogue about the appropriate use of this material outside the community. This label is designed to recognize that some knowledge is gendered, and that certain knowledge expressions can only be shared among specific members of the community. This is a women’s restricted label and indicates to external users that there are high-level community-based restrictions on the access and use and that only authorized [and initiated] women within the community should be using this material.
TK users: This material has specific gender restrictions on access. It is regarded as important secret and/or ceremonial material that has community-based laws in relation to who can access it. Given its nature it is only to be accessed and used by authorized [and initiated] women in the community. If you are recognized as an authorized party you may access this material and share it with regard to the cultural and gendered conditions of access and use. If you are not from the community and you have accessed this material, the X community requests that you do not download, copy, remix or otherwise circulate this material to others. This material is not freely available within the community and it therefore should not be considered freely available outside the community. [If you have come across this material freely online, you may wish to contact the community directly to let them know of its existence beyond their community archive.]
Traditional Knowledge External Use Only-Men General (TK XU-MG)
TK holders: This label should be applied when the material that is being accessed by external users is traditionally material that should only be shared between men in the community. This label recognizes that within the community from which this material derives there are specific protocols and conditions of use and that the external user needs to respect and to enter into dialogue about the appropriate use of this material outside the community. It is a label that recognizes that some knowledge is gendered, and that certain knowledge can only be shared among specific members of the community. This is a men’s general license and restricts access and use to men within the community. It should be used to compliment already existing customs and protocols of access and use.
TK users: This material has specific gender restrictions on access. It is only to be accessed and used by men in the community. If you are recognized as part of the community you may access this material and share it freely within your community context with regard to the gendered conditions of access and use. If you are not from the community and you have accessed this material, the X community requests that you do not download, copy, remix or otherwise circulate this material to others without express community [oral/written] permission. [If you have come across this material freely online, you may wish to contact the community directly to let them know of its existence beyond their community archive.]
Traditional Knowledge External Use Only-Men Restricted (TK XU-MR)
TK holders: This label should be applied when the material that is being accessed by external users is traditionally sensitive sacred/secret and restricted ceremonial material. This label recognizes that within the community there are specific protocols and conditions of use and that the external user needs to respect and to enter into dialogue about the appropriate use of this material outside the community. It is a label that recognizes that some knowledge is gendered, and that certain knowledge can only be shared among specific members of the community. This is a men’s restricted label and indicates to external users that there are community-based restrictions on the access and use and that only authorized [and initiated] men within the community should be using this material.
TK users: This material has specific gender restrictions on access. It is regarded as important secret and/or ceremonial material that has community-based customs and laws in relation to who can access it. Given its sensitive nature it is only to be accessed and used by authorized [and initiated] men in the community. If you are recognized as an authorized party you may access this material and share it with regard to the cultural and gendered conditions of access and use. If you are not from the community and you have accessed this material, the X community requests that you do not download, copy, remix or otherwise circulate this material to others. This material is not freely available within the community and it therefore should not be considered freely available outside the community. [If you have come across this material freely online, you may wish to contact the community directly to let them know of its existence beyond their community archive.]
Traditional Knowledge Multiple Community Owned (TK MCO)
TK holders: This is a general label where multiple communities have responsibilities of custodianship and/or ownership over specific material. This label recognizes that no singular community has explicit control over the material. Rather it indicates that the rights and responsibilities for use are spread across multiple communities through already existing community protocols and ongoing cultural relationships.
TK users: Responsibility and ownership of this material is spread across several distinct communities. Use of this material is dependent upon discussion and negotiation with the multiple communities named herein (Insert name of communities). If the material you are seeking to use has this label then it is a designation that has been determined by the communities involved and decisions of external use will need to be decided collectively. As an external user of this material you are asked to recognize and respect cultural protocols in relation to the use of this material and to clear that use with the relevant communities in the manner deemed the most appropriate (this information is included with this license).
