palawa kani | |
---|---|
Created by | Tasmanian Aboriginal Centre |
Date | 1992[1] |
Setting and usage | Tasmania |
Ethnicity | Aboriginal Tasmanians |
Users | 400[2] |
Purpose | |
Latin alphabet[3] | |
Sources | Oral tradition and fragments from the 8 to 16 Tasmanian languages recorded by early Europeans.[1][4] |
Language codes | |
ISO 639-3 | None |
Glottolog | pala1356 |
AIATSIS[2] | T16 |
ELP | Palawa Kani |
IETF | art-x-palawa (unofficial)[5] |
Palawa kani is a constructed language[1] created by the Tasmanian Aboriginal Centre as a composite Tasmanian language, based on reconstructed vocabulary from the limited accounts of the various languages once spoken by the Aboriginal people of what is now Tasmania (palawa kani: Lutruwita).[2][6][4][7]
The centre wishes to restrict the availability of the language until it is established in the Aboriginal Tasmanian community and claims copyright.[8] The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is used to support this claim to copyright as it declares that indigenous people have the right to control their "cultural heritage, traditional knowledge, and traditional cultural expressions" and that states must "recognise and protect the exercise of these rights".[9][10] However, the declaration is legally non-binding and languages cannot receive copyright protection in many countries, including Australia and the United States.[11][12][8] The centre however provides a list of place names in palawa kani and consents to their free use by the public.[13] Dictionaries and other copyrightable resources for learning the language are only provided to the Aboriginal community.[14]
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions ... including ... oral traditions [and] literatures... They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
Generally, there is no copyright in languages unless they are expressed in material form, being either written or recorded. Even then, the copyright protects the expression and not the underlying language. This can be an issue for Indigenous peoples and language centres as their language is oral, in that it is passed down through generations.