ABSTRACT

Every human society is the embodiment of a particular system of knowledge. The cultural knowledge possessed by contemporary Indigenous societies is part of a compendium of wisdom that extends back through time, a significant portion of which is represented in archaeological materials and information. This information not only reflects what happened and when it happened in the past but is symbolic of cultural identity and worldview still important to many of the descendants of the sites' creators. Archaeological sites thus constitute not only cultural property but intellectual creations, raising questions of how archaeologically derived knowledge contributes to cultural identity and what aspects of cultural identity qualify as intellectual property. Here we are referring not to archaeological approaches to cultural identity (i.e., using archaeology to define ethnicity [e.g., Shennan 1989]) but rather to the appreciation of archaeological material as a component of cultural identity (Jones 1997) that makes the products of archaeology potential forms of intellectual property. Archaeological sites and materials fit the abovementioned definitions of Indigenous cultural and intellectual property proposed by Janke (1998) and Hampton and Henderson (2000) in their contributions to cultural identity, worldview, cultural continuity, and traditional ecological knowledge.