Return to resources on rights retention
Aboriginal and Māori communities often view knowledge, cultural expression, and land as collectively owned and held in trust for future generations. Ownership is not about possession but about responsibility, stewardship, and maintaining connection across generations. Knowledge is not “property” in the Western sense, it cannot be alienated, sold, or individually owned. It is managed collectively and shared according to community protocols and customary law. Decisions about sharing or using knowledge are made collectively, often through elders, knowledge holders, or designated authorities. Mātauranga Māori, for instance, is relational knowledge, connected to place, people, and history, requiring ongoing consent and accountability.
Incorporating an Indigenous cultural perspective into the copyright pathway acknowledges that Western copyright law often fails to account for Indigenous knowledge systems, which are collective, relational, and enduring. Rights retention strategies, which are framed around individual or institutional rights via legal or policy frameworks for the purpose of opening access, aim to reclaim legal control from publishers, must also ensure that Indigenous rights and protocols are respected by:
- Explicitly recognising Indigenous authority and governance over Indigenous knowledge.
- Ensuring that any publication or reuse occurs only under conditions determined by the relevant Indigenous communities.
- Using Traditional Knowledge Notices and Labels or other culturally specific licences where appropriate.
- Avoiding the application of open licences (such as CC BY) to Indigenous content in the absence of Indigenous‑determined conditions.
Flowchart based on concept by Richard White, 2025.
Research Creation:
The researcher creates the work and typically holds copyright as the author. However, the knowledge in the work may be co-created, culturally embedded, or held in trust by Indigenous communities.
Institutional Support:
The researcher’s institution may support Open Access, but has an obligation to recognise and respect the rights and interests of Indigenous knowledge holders.
Manuscript Submission and Publication:
Traditional publishing route: Copyright is transferred to the publisher. This often ignores Indigenous cultural obligations and can lead to the commodification of knowledge.
Rights retention route: The author claims rights retention prior to publication, for example through applying a CC BY licence to the Author Accepted Manuscript (AAM). This allows for sharing but introduces a risk of inappropriate reuse if there are no cultural safeguards.
Post-Publication Control:
When the publisher retains control, it reinforces colonial knowledge structures. Even if the author retains rights, they must make provision to respect Indigenous cultural custodianship and protocols.
Approaches to rights retention must respect Indigenous knowledge systems or risk perpetuating historical injustices or cultural appropriation.
Return to resources on rights retention