Whose information? Decolonizing Indigenous Intellectual Property in Archaeological and Heritage Management Contexts.

Worldwide, archaeology has witnessed growing involvement on the part of descendant communities, not-for-profit companies, and host governments in various aspects of the research process—including everything from permitting excavations to claims over artifacts and research data. Through a broadening array of codesign, co-governance, and comanagement relationships and models, Indigenous peoples are asserting their rights to control their intellectual property and intangible heritage. In this changing landscape, how can we be respectful of each other’s information and intellectual property while decolonizing the discipline?

Who controls information derived from archaeological practice? Indeed, whose information is it? Does it belong to whomever discovers something new through analyzing objects or features? Or to someone who presents novel interpretations of the data? What about the descendant group(s) or nation(s) that claim affinity to objects or places studied? Questions about who owns, controls, has access to, or benefits from archaeology are key aspects of continuing conversation about decolonization, particularly in regard to how Indigenous peoples have engaged (or not) with the discipline and how their tangible and intangible heritage is recognized and respected (e.g., Pollard et al. 2020).