Impact of Digital Technology and Fair Use on Intellectual Property Right of Indigenous Knowledge

Abstract

We are living in an information age ruled by information and communication technology (ICT) whose influx and methodology of communication have changed the way information and by extension knowledge is accessed. These digital technology transformations as discovered are having an effect on cultural knowledge and communication as well as creating new challenges for Indigenous communities more so in the area of traditional or indigenous knowledge. This study therefore is a survey of impact of digital technology and fair use on intellectual property right of indigenous knowledge as Assessed by Librarians. The study was guided by three research questions and adopted a descriptive survey design. The sampled population of the study was 500 librarians purposively selected with the aid of 2023 Librarians Registration Council of Nigeria (LRCN) certified librarians list, while a Likert type four point structured questionnaire was the principle instrument used for data collection. The instrument was validated by three experts from the department of measurement and evaluation of Nnamdi Azikiwe University, Awka, Nigeria using Cronbach’s alpha. Result showed coefficient of α=.79. The questionnaires were sent through respondents emails and were also returned through the same channel 100%. Data collected were analyzed using frequencies, simple percentile as well as mean and presented in tables. The result of the study shows that there are set out intellectual property rights that indigenous knowledge should enjoy which include among others the right to benefit commercially and that digital technologies have made great impact on indigenous knowledge in that digital technologies are helping indigenous groups record and share their traditional knowledge with other Indigenous groups, the wider world and future generations, bringing a wider awareness of their culture to the world as well as bringing awareness of their issues to a wider audience and connecting with other indigenous groups around the world. It was also discovered that digital technology and principle of fair use have adverse effect on the intellectual property right of indigenous knowledge as with it, the indigenous cultural identity may be misrepresented, traditional rulers ignorantly may sell indigenous knowledge without due consideration for the long-term implication of this on their communities and that with digital technology indigenous are exploited of their knowledge on principle of fair use. Based on the findings it was recommended inter-alia that there should be global legislations to cover all possible scenarios to avoid infringing into ones right including the aborigines that own traditional knowledge in that reproducing indigenous work without the custodians’ knowledge, especially as it relates to commercial content producers who now makes use of protection software encryptions, licensing and so on to protect the copyright of their materials.