Protecting and Accessing Indigenous Peoples’ Digital Cultural Heritage through Sustainable Governance and IPR Structures – the Case of Sámi Culture

Abstract

This article addresses the clash between Western and Indigenous understandings of how cultural heritage should be governed, protected and treated through law, especially in the digital environment. Specifically, the focus is on the ways in which the Western intellectual property rights (IPR) system often stands in contrast with Indigenous practices and ethics. This problem is approached through a single, intrinsic and descriptive case study related to the digital cultural heritage of the Sámi people: the Digital Access to Sámi Heritage Archives project. The article shows how the current IPR framework governing Indigenous cultural heritage is often misaligned with Indigenous worldviews. However, the study reveals that there is room to develop more sustainable, just and inclusive practices by complementing the existing legal rules with soft-law mechanisms, such as norms and customs, co-created with Indigenous communities.