Intellectual Property Issues in Archaeological Publication: Some Questions to Consider

For the past 4 years, in concert with a growing number of colleagues, we have been examining intellectual property issues within archaeology and the larger realm of cultural heritage. This topic is garnering increased attention as archaeologists, descendent communities, and other stakeholders grapple with difficult questions about the uses and abuses of cultural knowledge and research data. Our work seeks to identify the issues, examine the circumstances under which they arise, and disseminate policies and practices that lead to a better understanding of what is at stake and how to approach a resolution. Here we are commenting on what questions might be considered in a situation in which photographs portraying tribal members or cultural sites taken during the course of a project conducted on tribal land in the United States are to be printed as part of a public site report or other publication. Thinking through these issues beforehand can result in positive resolution and also promote increased awareness of and sensitivity to actual or potential intellectual property issues related to archaeological practice.