[Linux-aus] penguin shirts

Raena Lea-Shannon raena at frankellawyers.com.au
Wed Feb 18 21:09:22 EST 2009

On Wed, Feb 18, 2009 at 11:23 AM, Sridhar Dhanapalan
<sridhar at dhanapalan.com> wrote:
> The limiting factor, IIRC, is that Aboriginal-style dot paintings are
> as seen to be the reserve of native Aboriginal artists. I think this
> is just a social matter of courtesy rather than the result of any
> legislation. Nevertheless, non-Aboriginal use of such a style is often
> frowned upon.
> If anyone else has more information on this, I'd be glad to know.

> There's been no problem before, and this discussion has been had
> before (circa 2005).
> The key issue IIRC is that we only have a low-res bitmap version of
> the graphic, not a high-res or vector version.  This means the current
> already printed t-shirts become extra valuable.  Perhaps LA should be
> charging a premium for the remaining unsold t-shirts - they cannot be
> reproduced without a large amount of effort :-$
> maddog's idea of recognising and publicising Aboriginal artists is a
> good idea, and would offset any idea that we're exploiting a cultural
> group.
> --
> Michael Davies           "Do what you think is interesting, do something
> that michael at the-davies.net    you think is fun and worthwhile, because
> otherwise http://michaeldavies.org  you won't do it well anyway." -- Brian
> Kernighan

I mentioned this issue when the design was first proposed. I have acted in 
regard to ICIP Rights., (Indigenous Cultural Intellectual Property). To my 
knowledge the dot style is an ICIP right with a Custodian people, The correct 
procedure is to find out who the Custodians are and have one of them create 
the work if they are willing to do so. Fir advice as I previously suggested 
contact Terri Janke an indigenous Lawyer who specialises in this area.
Raena Lea-Shannon
Frankel Lawyers
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