Terri Janke

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Terri Janke
Terri Janke.jpg
Terri Janke
Born
NationalityAustralian
Occupation Lawyer
Known for Indigenous intellectual property expert

Terri Janke is an Indigenous Australian lawyer of Wuthathi/Meriam heritage. She is considered a leading international authority on Indigenous cultural and intellectual property (ICIP), and is the Solicitor Director of Terri Janke and Company.

Contents

Early life and education

Terri Janke was born in Cairns in Queensland, Australia, with Torres Strait Islander (Mer Island) and Aboriginal (Wuthathi) heritage, from Cape York Peninsula in North Queensland. [1]

She graduated from the University of New South Wales (BA LLB) in 1995. [2]

In 2019, Janke completed a PhD thesis at the Australian National University, entitled True Tracks: Indigenous Culture and Intellectual Property Principles for putting self-determination into Practice. [3] [2] She is also a graduate of the Australian Institute of Company Directors and LEADR Mediators. [4] In 2021, Janke published a book based on her PhD entitled True Tracks: Respecting Indigenous Knowledge and Culture [5] . The book is a resource for respecting Indigenous knowledge and culture, which draws on 20 years of her work on the True Tracks principles. [6]

Career

Janke has worked at the National Indigenous Arts Advocacy Association, where she assisted the legal team in the leading case Milpurrurru v Indofurn . Janke has also completed work as a legal consultant with the World Intellectual Property Organisation (WIPO) on the Pacific Traditional Knowledge Action Plan. [7]

Janke is the Solicitor Director of Terri Janke and Company, her wholly Indigenous-owned legal firm founded in 2000. [8] Terri Janke and Company specialises in Indigenous intellectual property, Indigenous cultural and intellectual property and business law, [8] and is the largest and oldest Indigenous law firm in Australia. [9]

Janke is respected as one of Australia's leading Indigenous lawyers, [10] and is also considered an expert and international authority on Indigenous cultural and intellectual property (ICIP). She has written the leading protocols ICIP models for various industries including film, arts, museum and archival sectors. [2]

Janke has served on the boards of many Indigenous and non-Indigenous organisations and associations, with some of her previous positions including deputy chair of the National Centre of Indigenous Excellence (Deputy Chair), [11] Tourism Australia, National Indigenous Television (Chair) and Ngalaya Indigenous Lawyers Association (Chair), as well as at the State Library of NSW. [4]

Recognition

Selected publications

Alongside the leading ICIP protocols and models in various sectors, Janke has many publications on the effect of the law on Indigenous peoples and culture, many of which are commissioned by both government and non-government organisations and institutions.

Papers, reports and books

Journal articles and chapters in books

Related Research Articles

<span class="mw-page-title-main">Indigenous Australian art</span> Art made by Aboriginal and Torres Strait Islander peoples of Australia

Indigenous Australian art includes art made by Aboriginal Australians and Torres Strait Islanders, including collaborations with others. It includes works in a wide range of media including painting on leaves, bark painting, wood carving, rock carving, watercolour painting, sculpting, ceremonial clothing and sandpainting; art by Indigenous Australians that pre-dates European colonisation by thousands of years, up to the present day.

Cultural appropriation is the inappropriate or unacknowledged adoption of an element or elements of one culture or identity by members of another culture or identity. This can be especially controversial when members of a dominant culture appropriate from minority cultures. According to critics of the practice, cultural appropriation differs from acculturation, assimilation, or equal cultural exchange in that this appropriation is a form of colonialism. When cultural elements are copied from a minority culture by members of a dominant culture, and these elements are used outside of their original cultural context – sometimes even against the expressly stated wishes of members of the originating culture – the practice is often received negatively.

Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organization (WIPO) and the United Nations (UN), traditional knowledge and traditional cultural expressions (TCE) are both types of indigenous knowledge.

<span class="mw-page-title-main">Marcia Langton</span> Australian Aboriginal scholar and activist

Marcia Lynne Langton is an Aboriginal Australian activist and academic. As of 2022 she is the Redmond Barry Distinguished Professor at the Melbourne School of Population and Global Health, University of Melbourne. Langton is known for her activism in the Indigenous rights arena.

Ceremonial dancing has a very important place in the Indigenous cultures of Australia. They vary from place to place, but most ceremonies combine dance, song, rituals and often elaborate body decorations and costumes. The different body paintings indicate the type of ceremony being performed. They play an important role in marriage ceremonies, in the education of Indigenous children, as well as storytelling and oral history. The term corroboree is commonly used to refer to Australian Aboriginal dances, although this term has its origins among the people of the Sydney region. In some places, Aboriginal people perform corroborees for tourists. In the latter part of the 20th century the influence of Indigenous Australian dance traditions has been seen with the development of concert dance, with the Aboriginal Centre for the Performing Arts (ACPA) providing training in contemporary dance.

Timmy Payungka was an Aboriginal Australian artist, a Pintupi man who worked at the Papunya Tula school of painting. He was born at Parayirpilynga, near Wilkinkarra in the Pilbara region of Western Australia.

Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used.

The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.

<span class="mw-page-title-main">Henrietta Marrie</span>

Henrietta Marrie is a Gimuy Walubara Yidinji elder, an Australian Research Council Fellow and Honorary Professor with the University of Queensland.

The Intellectual Property Issues in Cultural Heritage (IPinCH) Project is a seven-year international research initiative based at Simon Fraser University, in British Columbia, Canada. IPinCH's work explores the rights, values, and responsibilities of material culture, cultural knowledge, and the practice of heritage research. The project is directed by Dr. George P. Nicholas, co-developed with Julie Hollowell and Kelly Bannister and is funded by the Social Sciences and Humanities Research Council of Canada's (SSHRC) major collaborative research initiatives (MCRI) program.

The Australian Museums and Galleries Association (AMaGA), formerly Museums Galleries Australia and Museums Australia, is the national professional organisation and peak council for museums and public art galleries in Australia. It advocates for the sector and provides a range of professional services to its members at a national, state and interest group level.

<span class="mw-page-title-main">John von Doussa</span> Australian judge

John William von Doussa is a former Australian judge and public servant. He was a judge of the Federal Court of Australia from 1988 to 2003, president of the Human Rights and Equal Opportunity Commission from 2003 to 2008, and chancellor of the University of Adelaide from 2004 to 2010.

<span class="mw-page-title-main">Bruce Pascoe</span> Australian writer

Bruce Pascoe is an Australian writer of literary fiction, non-fiction, poetry, essays and children's literature. As well as his own name, Pascoe has written under the pen names Murray Gray and Leopold Glass. Pascoe identifies as Aboriginal. Since August 2020, he has been Enterprise Professor in Indigenous Agriculture at the University of Melbourne.

Banduk Mamburra Wananamba Marika, known after her death as Dr B Marika, was an artist, printmaker and environmental activist from Arnhem Land, Northern Territory, Australia, who was dedicated to the development, recognition and preservation of Indigenous Australian art and culture. She was the first Aboriginal person to serve on the National Gallery of Australia's board.

Australian Aboriginal elders are highly respected people within Australia and their respective Aboriginal and Torres Strait Islander communities. An elder has been defined as "someone who has gained recognition as a custodian of knowledge and lore, and who has permission to disclose knowledge and beliefs". They may be male or female, and of any age, but must be trusted and respected by their community for their wisdom, cultural knowledge and community service. Elders provide support for their communities in the form of guidance, counselling and knowledge, which help tackle problems of health, education, unemployment and racism, particularly for younger people. They may be distinguished as one of two types: community elders and traditional elders. Elders play an important role in maintenance of culture, songs, oral histories, sacred stories, Aboriginal Australian languages, and dance, and are also educators who demonstrate leadership and skills in resolving conflicts. Elders also preside over ceremonies and other spiritual practices, and attend to the health and well-being of young people.

George Milpurrurru (1934–1998) was an Australian Aboriginal artist known for his bark paintings.

Shane Simpson is a New Zealand-born lawyer based in Sydney, Australia. He has had a leading role in arts, intellectual property, and entertainment law in Australia, including establishing the Arts Law Centre of Australia, authoring books on aspects of intellectual property, arts, and entertainment law, and acting as an advisor and producing reports on intellectual property and arts law for government. He has also contributed to a range of cultural organisations.

<i>Milpurrurru v Indofurn Pty Ltd</i> Australian court case

Milpurrurru v Indofurn Pty Ltd was one of three Federal Court of Australia judgments in the 1990s involving the use of copyright law in Australia relating to Indigenous cultural and intellectual property (ICIP), the others being Yumbulul v Reserve Bank of Australia (1991) and Bulun Bulun v R & T Textiles (1998), or "T-shirts case".

Indigenous librarianship is a distinct field of librarianship that brings Indigenous approaches to areas such as knowledge organization, collection development, library and information services, language and cultural practices, and education. The Encyclopedia of Library and Information Sciences states that Indigenous librarianship emerged as a "distinct field of practice and an arena for international scholarship in the late twentieth century bolstered by a global recognition of the value and vulnerability of Indigenous knowledge systems, and of the right of Indigenous peoples to control them."

References

  1. 1 2 3 "Terri Janke". NAIDOC . 11 September 2019. Retrieved 10 December 2019.
  2. 1 2 3 "Terri Janke". UNSW . Retrieved 10 December 2019.
  3. 1 2 Janke, Terri (2019). True Tracks: Indigenous cultural and intellectual property principles for putting self-determination into practice (PhD). ANU. doi:10.25911/5d51497c97823.
  4. 1 2 "Terri Janke". Terri Janke and Company. Retrieved 10 December 2019.
  5. TJC (28 July 2021). "Terri's new book 'True Tracks' released!". terri-janke. Retrieved 4 July 2022.
  6. "Terri Janke: the Australian lawyer trying to stop Indigenous cultural theft". the Guardian. 19 July 2021. Retrieved 4 July 2022.
  7. "Mackay, Erin --- "Interview with Terri Janke" [2010] IndigLawB 7; (2010) 7(16) Indigenous Law Bulletin 26". www5.austlii.edu.au. Retrieved 10 December 2019.
  8. 1 2 "Indigenous Law Firm | Terri Janke and Company | Lawyers & Consultants". terri-janke. Retrieved 10 December 2019.
  9. "A leader for the next generations: cultural crusader Terri Janke". NITV. 14 March 2017. Retrieved 10 December 2019.
  10. "Interview with Colin D Golvin QC" [2016] Australian Intellectual Property Law Bulletin. www.sharongivoni.com.au/resources/interviews/ . Retrieved 2019-12-10.
  11. "NCIE welcomes new directors". National Centre of Indigenous Excellence . Retrieved 10 December 2019.
  12. "Aboriginal Justice Award nominees by year". Law and Justice Foundation. Retrieved 24 November 2022.
  13. Department, Attorney-General’s. "National Indigenous Law Awards". www.ag.gov.au. Retrieved 10 December 2019.
  14. "2019 Women Lawyers Achievement Awards". Women Lawyers Association of NSW. Retrieved 10 December 2019.
  15. "J G Crawford Prize". Australian National University. 24 October 2014. Retrieved 17 March 2021.
  16. TJC (25 November 2020). "Terri Janke - Awarded the JG Crawford Prize for her PhD True Tracks". terri-janke. Retrieved 17 March 2021.
  17. "NSW Premier's Literary Awards 2022 shortlists announced". Books+Publishing. 5 April 2022. Retrieved 5 April 2022.
  18. National Museum of Australia. "National Museum of Australia - Indigenous cultural rights and engagement policy". www.nma.gov.au. Retrieved 10 December 2019.
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  20. "The Mabo Oration 2011 | Terri Janke and Company". terri-janke. Retrieved 11 December 2019.
  21. "Beyond Guarding Ground | Terri Janke and Company". terri-janke. Retrieved 19 February 2020.
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  23. "Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions". www.wipo.int. Retrieved 11 December 2019.
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