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The Council of Indigenous Peoples: Protect Traditional Intellectual Creation and Take into Account Culture Preservation and Development

  • 更新時間:2018/09/21 09:40:47

In response to the report by Want Weekly today (8th) which alleged that the Champion Dance performed in Southern Island Forum was involved infringement, the Council said that this incident was due to the cognitive differences between the two parties in the interpretation and communication process of the decree. The terms, such as “trolls” etc. used in the headline were unacceptable according to the Council, and it responded to the report as follows:

1. According to Article 1 of the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples, its legislative spirit was to “protect the traditional intellectual creation of the Indigenous Peoples and promote their development of the culture”. Also in the legislative statement, it is revealed that “by creating the principle of fair use under legitimate purposes, so as to avoid excessive protection of intellectual creation, which was detrimental to social and cultural development and progress”. Therefore, the purpose of this Law was to take both cultural preservation and development into account, as well as the channel to promote cultural development including strengthening communication to enable the public to understand the cultural connotations of the Indigenous Peoples. Therefore, Indigenous Peoples Cultural Development Center was dedicated to training the dancing group to perform the 16-ethnics music and dance of Taiwan's Indigenous Peoples aimed to achieve the purpose of cultural communication and public welfare. When preparing the dance, they actually went to the tribal fields to collect and inspire themselves. Moreover, the tribal people also taught them the correctness of the dance moves.

2. According to Article 16 of the Protection Act for the Traditional Intellectual Creation of the Indigenous Peoples: “The one who has one of the following circumstances may use the published intellectual creation to create: ...

3. For other legitimate purposes, the uses shall be with a reasonable manner. The use of the preceding paragraph shall indicate the source. However, depending on the purpose and methods of use, those who do not harm to the benefit of the exclusive owner of the intellectual creation and not violate social use customs shall not be included.” Therefore, the Cultural Development Center publicly performed the Pawali songs and dances of the Cuipihay class of the Chimei tribe, aiming to strengthen the cultural connection with the Southern Island through dance performances.

Before the opening of the performance on the same day, the MC announced that the performance was “the traditional annual festival culture exhibition of the Chimei Tribe”, which met the requirements of article 16 of the Protection Act mentioned above.