Who Owns Culture?: Appropriation and Authenticity in American LawRutgers University Press, 2005 - 203 стор. It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them? While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above? Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania? Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production. |
Зміст
Introduction | 1 |
6 | 67 |
7 | 90 |
of Values | 103 |
9 | 115 |
ΙΟ | 126 |
II | 135 |
An Emerging Legal Framework | 147 |
Defining Property | 159 |
Інші видання - Показати все
Who Owns Culture?: Appropriation and Authenticity in American Law Susan Scafidi Обмежений попередній перегляд - 2005 |
Who Owns Culture?: Appropriation and Authenticity in American Law Susan Scafidi Попередній перегляд недоступний - 2005 |
Загальні терміни та фрази
African African-American artistic associated authenticity authorship celebrity personae CHAPTER claims commercial commodification contested copy court creation creative cultural appropriation cultural groups cultural prod cultural products cultural property cultural-product dance economic embodied ethnic expression fans federal flag folklore harm heritage Ibid identity images indigenous individual intangible cultural intellectual property law intellectual property protection internal Italian Italian Americans Jazz Kwanzaa Law Review legal protection ment misappropriation musicians Native American Ngarrindjeri Nimoy normative objects Open Source Initiative open-source open-source software Organization original owner parade particular patent permissive appropriation Pilates political pornography potential property rights public domain Pueblo of Santo quilts religious role sacred Santo Domingo scholars Scrolls September 23 significance social society source community Spock symbol tangible tango tion trademark traditional traditional cultural property trans transformation tural tural products University Press Wheelchair Basketball Wind Done Gone women yoga York