“Since there’s no legal definition the term cultural appropriation has been so overused that it’s hard for anyone to say for sure if something is culturally appropriated or not. To help make that determination, there are four things to consider and question: is the design used outside of its traditional context; is there a power imbalance; was there any involvement, acknowledgment or permission asked of the source culture; did it cause social, economic or cultural harm?”

Brigitte Vézina, CIGI fellow and expert on IP protection of TCEs and issues around cultural appropriation.

Cultural appropriation is not easy to define or identify. Until there are formal legal frameworks to protect Traditional Knowledge and Traditional Cultural Expressions, advocacy through education, awareness, and collaboration are the most effective tools for communicating about and curbing cultural plagiarism by designers and brands.

 Project Summary: Building a Model for Cultural IP Rights with the Oma of Laos

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  1. Take multiple photos and/or screenshots of the item. 
  2. Check the price tag, product information, label, in-store materials and website product description. If you’re in the store, ask a sales associate if they know more about the origin of the design or item. 
  3. If there is no mention of the origin or creator, you can follow these steps:

Contact the company and notify them of your discovery. Provide the known origin and any back-up documentation you might have reflecting this assertion. Ask them important questions and give them the opportunity to respond in a timely manner.

  • Did they receive permission to use these designs?
  • Did they compensate the community or artisan that created the design or product?
  • Did they involve traditional ethnic artisans in the creation or design of the product?
  • Do they know the design is being used without acknowledgement of the source community?

If you do not receive a response or adequate answers to your questions, it’s time to take your discovery to the public.

  • Upload the photos and your findings to your social media accounts – Facebook, Instagram, and Twitter work best.
  • Tag the offending company in your posts.
  • Use relevant global plagiarism campaign hashtags – #notpublicdomain #givecredit #culturalintellectualproperty
  • Demand a response on how they plan to rectify the issue and ask your followers to share on their channels and post on the brand’s social media platforms. 

(Note: Offending companies tend to block users and delete posts quickly so it’s recommended you screenshot everything you post).

Remember to share any and all (or no) interactions with the company with your followers. Momentum will retain interest and draw more attention to the issue. 

The resources on our website should provide a basic foundation of the issues surrounding Cultural Intellectual Property Rights®, why they should be recognised, and how we can protect them. We encourage you to share this information, as well as the visual materials from our #notpublicdomain campaign! 

Additionally, this well written article by Bel Jacobs for BBC Culture, along with well informed and knowledgeable contributors,  

More information:

Learn how the CIPR® approach and a database can be used to protect cultural intellectual property through the example of the Oma Traditional Textile Design Database© in Tools for Artisans. Watch this brief introduction video for more information.

An Introduction to the Oma Traditional Textile Design Database

Join TAEC and become a member of the Cultural Intellectual Property Rights Initiative®, to be an active contributor and have access to the CIPRI Network.

Our advocacy team is interested in opportunities to collaborate and consult both here in Laos and globally. Please contact us if you wish to discuss future projects, funding, or consultations — in Lao or English language.

More information:

Additional Tools

  • #NotPublicDomain Instagram Visuals, Awareness & Education Campaign, April 2021 (Dropbox)
  • The 3Cs’ Rule: Consent. Credit. Compensation©: a best practices guide for drawing inspiration from cultural heritage and engaging in culturally sustainable collaborations with Indigenous Peoples, local communities, and ethnic groups.
  • White Paper Report (PDF): Documenting Traditional Cultural Expressions: Building a Model for Legal Protection Against Misappropriation and Misuse with the Oma Ethnic Group of Laos by Monica Boța-Moisin and Tara Gujadhur, 2021.

with the support of