Nicholas and Bannister on Copyrighting the Past

Who owns the future?.... It can be argued that whoever owns (or controls records of) the past also owns or otherwise shapes the future of that past…. We advocate a more active role for archaeologists working with Indigenous peoples (or on Indigenous territories) in considering the implications of their research. We believe that solutions to disputes between archaeologists (or archaeology) and tribes will be found in the recognition of what archaeological knowledge means and what control of that knowledge means beyond simply economics or professional rewards and advancement. There must be recognition of ethical obligations at both the individual and collective level. Adopting participatory research approaches, supporting meaningful collaboration with Indigenous colleagues, sharing decision-making responsibilities and benefits in research processes and outcomes, and working cooperatively with all those who have an interest in Indigenous cultural heritage will be a key to identifying, understanding, and addressing the conflicts that may arise in claiming ownership of the past.

George P. Nicholas and Kelly P. Bannister. 2004. Copyrighting the Past? Emerging Intellectual Property Rights Issues in Archaeology. Current Anthropology 45(3):327-350