3D Replicas and Data Ownership

ENRICH Webinar Series


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Event Information

April 17, 2023
1:00pm - 2:30pm Eastern Time (US & Canada)

Photogrammetry, 3D printing, CT scanners, and other technologies have given way to new extraction methods. Increasingly, collecting institutions (galleries, libraries, archives, museums) are turning to these new technologies to produce replicas of Indigenous cultural heritage within their archives. These processes of reproduction bring both new and old questions to the forefront: Who owns the data created by these technologies? How are these replicas and their data negotiated, stored, or circulated? How does the law demarcate ownership, access, and exclusion? What approaches/strategies can be taken to prevent the commercialization and appropriation of this data? How can Indigenous Nations assert their authority over their cultural materials (both physical and digital)?

Join us as we discuss the legal landscape of data ownership, copyright law, usage agreements, and MOUs that deal with the governance of 3D replicas and the corresponding data. Guest speakers include Dr. Robin Gray (Ts’msyen from Lax Kw’alaams, B.C. and Mikisew Cree from Fort Chipewyan) and Dr. Andrea Wallace, Dr. Mathilde Pavis and Dr Desmond Osaretin Oriakhogba.



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Local Contexts Project: ENRICH 2023 Webinar Series



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Dr. Robin Gray

Dr. Robin Gray (Ts’msyen from Lax Kw’alaams, B.C. and Mikisew Cree from Fort Chipewyan) focuses her research on the politics of Indigeneity in settler colonial contexts such as Canada, USA, New Zealand, and Australia. Her current research activity is focused on foundational issues related to the representation, preservation, management, ownership, access, and control of Indigenous cultural heritage. Dr. Gray is the recipient of a SSHRC Insight Development Grant for a multi-sited, autoethnographic, and community-based research project with, by, and for Ts’msyen titled “The Repatriation of Song: Ownership, Access, and Control of Indigenous Cultural Heritage.” She is also a Collaborator (PI: Dylan Robinson, UBC) on a SSHRC Insight Grant for a long-term participatory action research project titled “Xoxelhmetset te Syewa:l | Caring for Our Ancestors: Reconnecting Indigenous Songs with Community and Kin” which involves working with Indigenous artists, scholars, and community members to reconnect kinship with Indigenous life incarcerated in museums, and to collectively explore what “more than repatriation” processes entail. She is a current member of the Indigenous Advisory Council for the Canadian Music Centre made up of a group of Indigenous artists, musicians, and scholars to enact a process for the reparation and redress of music in the IAC’s catalogue that appropriates Indigenous songs and misrepresents Indigenous cultures.

Dr. Gray is working on her first book manuscript titled “Rematriation: Paradigms for Indigenous Futurity”. This new work foregrounds Indigenous laws, ethics, and protocols and applies an Indigenous feminist lens to analyze the poetics and politics of Indigenous return including the implications for Indigenous nationhood.

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Dr. Mathilde Pavis

Dr. Mathilde Pavis has 10+ years experience in research and training in IP and legal protections. She holds a Licence and Maitrise in Law from the University of Rennes (France), an LLM and PhD from the University of Exeter. Mathilde is co-director of the UK’s first pro bono digitisation and law clinic for small and less-well-resourced museums, called the GLAM-E Lab.  Mathilde teaches a range of modules including intellectual property law, contract law and French law.  Mathilde’s research primarily focuses in the areas of intellectual property law (copyright, performers’ rights and trademark), cultural heritage regulation and their respective intersections with new technologies, creativity, performance and disability broadly understood.  Mathilde received several awards and government funding for her research.

Recent publications include :

Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage. 2018 Edward Elgar. 

 “Response to the 2018 Sarr-Savoy Report: Statement on Intellectual Property Rights and Open Access relevant to the digitization and restitution of African Cultural Heritage and associated materials”

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Dr. Andrea Wallace

Dr. Andrea Wallace is an Associate Professor in Law and Technology (Education & Research) teaching Art and Law, Intellectual Property Law, Internet Law, Legal Foundations, Torts, and the Cultural Heritage Digitsation Lab. Her research focuses on intersections of art and cultural heritage law with the digital realm and digital heritage management. She is a co-director of the GLAM-E Lab (Law School and Digital Humanities) established in partnership with the Engelberg Center on Innovation Law and Policy (NYU Law School). She is also Deputy Director of The Centre for Science, Culture and the Law at Exeter (SCuLE).

Recent publications include:

Pavis M, Wallace A (2020). SCuLE Response for the EMRIP Report on repatriation of ceremonial objects and human remains under the UN Declaration on the Rights of Indigenous Peoples. , 1-29. DOI.

Pavis M, Wallace A (2019). Response to the 2018 Sarr-Savoy Report: Statement on Intellectual Property Rights and Open Access Relevant to the Digitization and Restitution of African Cultural Heritage and Associated Materials. DOI

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Dr. Desmond Osaretin Oriakhogba

Dr. Desmond Osaretin Oriakhogba is a Senior Lecturer, Department of Private Law, Faculty of Law, University of the Western Cape, Cape Town, South Africa. He obtained his PhD from the University of Cape Town (UCT), South Africa; and Master of Laws (LLM) and Bachelor of Laws (LLB) degrees from the University of Benin, Nigeria. He is a Queen Elizabeth Scholar (awarded by the Canadian government). He is also an expert collaborator with international research networks, including the Open African Innovation Research Network, the International Network on the Right to Research in International Copyright, and UCT’s SARChI Chair on Intellectual Property, Innovation and Development. Desmond is an independent consultant for the World Intellectual Property Organization (WIPO) where he tutors participants under WIPO Academy’s distance learning programs. He is an associate editor of the South African Intellectual Property Law Journal, and was a visiting researcher in the Centre for Technology, Law and Society, Faculty of Law, University of Ottawa, Canada.

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