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Traditional knowledge and the public domain defence

This case discussion from South Africa, in which the ‘Traditional Knowledge Act’ is discussed, contains several interesting points, but none so striking as the statement that, once the TKA is passed, “the claim that [traditional songs] are in the public domain may be a short lived illusion…’, so that the public domain defence may become seen as one of remarkable simplicity and clarity in hindsight. Whether or not the TKA replaces this with a defence based on novelty or even variant form, the fact remains that African tribal songs and other cultural artefacts are receiving protection here which, others would argue elsewhere in the world, should be extended to them too. The issue for an academic is more prosaic.How on earth will we acknowledge/attribute the rights in citation or use?

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