I am currently writing this in an Indo-Fijian internet cafe surrounded by pirated Bollywood DVDs. It seems that in Fiji, (like at my university) illegal file-sharing and downloading of music, movies and computer games is rife. We all know that copyright infringement is illegal. However, back at home in Australia, I understood and empathised with the view that current intellectual property laws are restrictive, impractical and backward. The conflict between these laws and everyday realities is explored really thoroughly by the Canadian activist and film-maker Brett Gaylor in the documentary RiP!: A remix manifesto (available to watch online for free and legally here!).
This issue has come up again and again here. Most recently, before starting the interview with the Chief of Vagadaci in Levuka about the village's history, he questioned what government department we were with and clarified that we wouldn't sell the village's stories. Ownership of stories and knowledge is traditionally upheld and protected in Fijian society. For example, during interviews, we were frequently told stories with the caveat 'but don't include that because you have to ask permission from the owners of that story.' Sharing the story or knowledge of someone else is frowned upon with the sharer being liable to bad luck.
Today, this protection is not formalized in the law. Knowledge can be used and appropriated for profit by people other than the rightful owners. We didn't encounter this, but the potential for abuse seemed to be on many of the people we encountered minds. Professor Vilsoni Hereniko spoke about a trip that representatives from Disney made to Fiji and the University of South Pacific and the importance of caution in regards to giving valuable information away for free. Similarly, the Fijian Voyaging Society made a decision to not translate any of their information gathered amongst traditional boat and canoe builders, so others wouldn't be able to take advantage of the knowledge without permission.
In conclusion, the trip has totally turned my original conceptions regarding intellectual property laws on their head. After being exposed to the rich cultural knowledge of people in the region during work, I believe that intellectual property laws are vital for their protection. I understand the need for flexibility in the Western context. But, as a law student I understand that laws need to be consistent in order to work. SO, for now, I'm erring on the side of caution.
Yes... you've now persuaded me also.
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