1. These are two real cases that arose in the countries I discuss in this volume: Vanuatu and
Aotearoa New Zealand. In the first case, the people of South Pentecost claimed that the
Nagol Land Dive, the inspiration for bungee jumping, was their intellectual property and have
discussed suing the developer of the bungee jump, A. J. Hackett. Full details of the legal case
history can be found at the Pacific Islands Legal Information Institute of the University of the
South Pacific, www.paclii.org (accessed January 13, 2011). More tangibly, the Vanuatu National
Film and Sound Unit asserted Pentecost Islanders’ moral rights to the jump and forbade all
documentary filmmaking for the indefinite future until appropriate compensation and consent
can be implemented. See the Cultural Research and Filming Policy of the Vanuatu Cultural
Centre, online at www.vanuatuculture.org. In the second case, the U.S.-based company Lego
produced a series of toys that drew from the iconography and nomenclature of Māori culture
heroes. In 2001 a group of Māori people threatened legal action for the perceived trademarking
of Māori names. The company had in fact only trademarked the collective name “bionicle”
and agreed to stop using Māori words commercially. Since then Lego has not created character
names using any living languages.
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