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30 Conn. L. Rev. 1 (1997-1998)
Protecting Folklore of Indigenous Peoples: Is Intellectual Property the Answer

handle is hein.journals/conlr30 and id is 11 raw text is: CONNECTICUT

VOLUME 30              FALL 1997               NUMBER 1

Protecting Folklore of Indigenous Peoples: Is
Intellectual Property the Answer?
What can the Navajos do to prevent non-Navajos from using Navajo
rug patterns to produce rugs overseas using cheap materials and labor,
thereby undercutting the Navajos themselves in a market for their fa-
mous rugs?' What can the Australian Aboriginal' peoples do when
their sacred and secret imagery is reproduced on carpets they did not

* Associate, Rabinowitz, Boudin, Standard, Krinsky & Lieberman. I am dcep, grateful to
Jim Atleson, Jane Ginsberg, Alice Haemmerli, Frank Hunger, Bill Ran. and Adrienne Stone.
1. This hypothetical example was discussed in Alan Jabbour, Folklore Protection and Ara-
tional Patrimony: Developments and Dilemmas In the Legal Protection of the Lar; 17 COPY-
RIGHT BULL. 10, 11 (1983).
2. This Article will use the term Aboriginal to refer to the indigenous populations of
Australia and New Zealand, including Torres Strait Islander peoples. For the purpose of clarity,
it will not be used, as it often is, interchangeably with the term indigenous.

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