UCLA School of Law

Addressing rampant violation of indigenous groups’ cultural property rights, this paper contends that a group rights model of ownership of intangible property will protect the works of indigenous peoples from an ever-encroaching dominant society. This article discusses the historical foundation of Western legal systems intellectual property doctrine, and outlines the limitations of the Copyright Act in the United States to address group property rights of indigenous peoples. Ultimately, this article posits that there must be a full recognition of communal property rights for indigenous peoples with in the intellectual property regime.