Who Owns Culture?

Appropriation and Authenticity in American Law

Author: Susan Scafidi

Publisher: Rutgers University Press

ISBN: 9780813536064

Category: Law

Page: 203

View: 3836

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.

Who Owns Culture?

Appropriation and Authenticity in American Law

Author: Susan Scafidi

Publisher: Rutgers University Press

ISBN: 0813537851

Category: Political Science

Page: 208

View: 2272

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.

Who Owns Culture?

Appropriation and Authenticity in American Law

Author: Susan Scafidi

Publisher: N.A

ISBN: 9780813536057

Category: Law

Page: 203

View: 7063

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.

Art in the Lives of Immigrant Communities in the United States

Author: Paul DiMaggio,Patricia Fernandez-Kelly

Publisher: Rutgers University Press

ISBN: 0813550416

Category: Social Science

Page: 320

View: 3538

Art in the Lives of Immigrant Communities in the United States is the first book to provide a comprehensive and lively analysis of the contributions of artists from America's newest immigrant communities--Africa, the Middle East, China, India, Southeast Asia, Central America, and Mexico. Adding significantly to our understanding of both the arts and immigration, multidisciplinary scholars explore tensions that artists face in forging careers in a new world and navigating between their home communities and the larger society. They address the art forms that these modern settlers bring with them; show how poets, musicians, playwrights, and visual artists adapt traditional forms to new environments; and consider the ways in which the communities' young people integrate their own traditions and concerns into contemporary expression.

Understanding the Arts and Creative Sector in the United States

Author: Joni Maya Cherbo,Ruth Ann Stewart,Margaret Jane Wyszomirski

Publisher: Rutgers University Press

ISBN: 0813545056

Category: Art

Page: 224

View: 3321

The arts and creative sector is one of the nation's broadest, most important, and least understood social and economic assets, encompassing both nonprofit arts and cultural organizations, for-profit creative companies, such as advertising agencies, film producers, and commercial publishers, and community-based artistic activities. The thirteen essays in this timely book demonstrate why interest in the arts and creative sector has accelerated in recent years, and the myriad ways that the arts are crucial to the social and national agenda and the critical issues and policies that relate to their practice. Leading experts in the field show, for example, how arts and cultural policies are used to enhance urban revitalization, to encourage civic engagement, to foster new forms of historic preservation, to define national identity, to advance economic development, and to regulate international trade in cultural goods and services. Illuminating key issues and reflecting the rapid growth of the field of arts and cultural policy, this book will be of interest to students at both the undergraduate and graduate levels, to arts educators and management professionals, government agency and foundation officials, and researchers and academics in the cultural policy field.

The Ethics of Cultural Appropriation

Author: James O. Young,Conrad G. Brunk

Publisher: John Wiley & Sons

ISBN: 1444350838

Category: Philosophy

Page: 320

View: 4502

Through a combination of empirical research and philosophical analysis in essays by leading experts in the social sciences, this book undertakes a comprehensive and systematic investigation of the moral and aesthetic questions that arise from the practice of cultural appropriation.

Borrowed Power

Essays on Cultural Appropriation

Author: Bruce H. Ziff,Pratima V. Rao

Publisher: Rutgers University Press

ISBN: 9780813523729

Category: Social Science

Page: 337

View: 7171

This book was a really informative and insightful collection of essays over cultural appropriation in our society today, mostly focusing on America's appropriation and use of Native American culture specifically more or less. The topics in this book covers a lot of ground from arts, land, and artifacts to ideas, knowledge, and symbols. The book doesn't try and point fingers blaming anyone rather then stating facts of the matter over the gray area of cultural appropriation. Overall a really nice read.

Culture and authenticity

Author: Charles Lindholm

Publisher: Wiley-Blackwell

ISBN: N.A

Category: Fiction

Page: 176

View: 1665

Authenticity is taken-for-granted as an absolute value in contemporary life. In Culture and Authenticity, Charles Lindholm calls upon anthropological case studies from different cultures, historical material, and comparative philosophy, to explore how notions of authenticity develop, what forms it takes, and how it changes over time. Examines the idea of authenticity and its role in modern culture Explores society’s preoccupation with authenticity and the search for ‘real’ experiences Looks at how the concept of authenticity intersects with questions about religion, ethnicity, and race Investigates authenticity in the context of fields such as dance, cuisine, travel, and the modern marketplace

Who Owns Native Culture?

Author: Michael F. Brown

Publisher: Harvard University Press

ISBN: 9780674028883

Category: History

Page: 336

View: 9687

"Documents the efforts of indigenous peoples to redefine heritage as a protected resource. Michael Brown takes readers into settings where native peoples defend what they consider to be their cultural property ... By focusing on the complexity of actual cases, Brown casts light on indigenous grievances in diverse fields ... He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations"--Jacket.

Cultural Revolutions

Reason Versus Culture in Philosophy, Politics, and Jihad

Author: Lawrence E. Cahoone

Publisher: Penn State Press

ISBN: 0271030240

Category: Philosophy

Page: 240

View: 7417

In this probing examination of the meaning and function of culture in contemporary society, Lawrence Cahoone argues that reason itself is cultural, but no less reasonable for it. While recent political and philosophical movements have recognized that cognition, the self, and politics are embedded in culture, most fail to appreciate the deep changes in rationalism and liberal theory this implies, others leap directly into relativism, and nearly all fail to define culture. Cultural Revolutions systematically defines culture, gauges the consequences of the ineradicably cultural nature of cognition and action, yet argues that none of this implies relativism. After showing where other “new culturalists” have gone wrong, Cahoone offers his own definition of culture as teleologically organized practices, artifacts, and narratives and analyzes the notion of cultural membership in relation to race, ethnicity, and “primordialism.” He provides a theory of culture’s role in how we form our sense of reality and argues that the proper conception of culture dissolves “the problem” of cultural relativism. Applying this perspective to Islamic fundamentalism, Cahoone identifies its conflict with the West as representing the break between two of three historically distinctive forms of reason. Rather than being “irrational,” he shows, fundamentalism embodies a rationality only recently devalued—but not entirely abandoned—by the West. The persistence of plural forms of reason suggests that modernization in various world cultures is compatible with continued, even magnified, cultural differences.

Books in Print 2009-2010

Author: N.A

Publisher: N.A

ISBN: 9780835250191

Category: Publishers' catalogs

Page: N.A

View: 2169

Soul Thieves

The Appropriation and Misrepresentation of African American Popular Culture

Author: T. Brown,B. Kopano

Publisher: Springer

ISBN: 1137071397

Category: History

Page: 284

View: 2583

Considers the misappropriation of African American popular culture through various genres, largely Hip Hop, to argue that while such cultural creations have the potential to be healing agents, they are still exploited -often with the complicity of African Americans- for commercial purposes and to maintain white ruling class hegemony.

Cultural Appropriation and the Arts

Author: James O. Young

Publisher: John Wiley & Sons

ISBN: 1444332716

Category: Philosophy

Page: 168

View: 9420

Young offers a systematic philosophical investigation of the moral and aesthetic issues to which cultural appropriation gives rise. Questions considered include: 'Can culture appropriation result in the production of aesthetically successful works of art?' and 'Is cultural appropriation in the arts morally objectionable?'.

The Oxford Handbook of Dance and the Popular Screen

Author: Melissa Blanco Borelli

Publisher: Oxford University Press, USA

ISBN: 0199897824

Category: Performing Arts

Page: 476

View: 2011

This text offers new ways of understanding dance on the popular screen in new scholarly arguments drawn from dance studies, performance studies, and film and media studies. Through these arguments, it demonstrates how this dance in popular film, television, and online videos can be read and considered through the different bodies and choreographies being shown

Media and the American Mind

From Morse to McLuhan

Author: Daniel J. Czitrom

Publisher: Univ of North Carolina Press

ISBN: 9780807841075

Category: Social Science

Page: 254

View: 2142

In a fascinating and comprehensive intellectual history of modern communication in America, Daniel Czitrom examines the continuing contradictions between the progressive possibilities that new communications technologies offer and their use as instruments

The Company of Strangers

A Natural History of Economic Life

Author: Paul Seabright

Publisher: Princeton University Press

ISBN: 9781400834785

Category: Business & Economics

Page: 400

View: 8592

The Company of Strangers shows us the remarkable strangeness, and fragility, of our everyday lives. This completely revised and updated edition includes a new chapter analyzing how the rise and fall of social trust explain the unsustainable boom in the global economy over the past decade and the financial crisis that succeeded it. Drawing on insights from biology, anthropology, history, psychology, and literature, Paul Seabright explores how our evolved ability of abstract reasoning has allowed institutions like money, markets, cities, and the banking system to provide the foundations of social trust that we need in our everyday lives. Even the simple acts of buying food and clothing depend on an astonishing web of interaction that spans the globe. How did humans develop the ability to trust total strangers with providing our most basic needs?

Constructions of Cultural Identities in Newsreel Cinema and Television after 1945

Author: Kornelia Imesch,Sigrid Schade,Samuel Sieber

Publisher: transcript Verlag

ISBN: 3839429757

Category: Social Science

Page: 230

View: 7932

Newsreel cinema and television not only served as an important tool in the shaping of political spheres and the construction of national and cultural identities up to the 1960s. Today's potent televisual forms were furthermore developed in and strongly influenced by newsreels, and much of the archived newsreel footage is repeatedly used to both illustrate and re-stage past events and their significance. This book addresses newsreel cinema and television as a medium serving the formation of cultural identities in a variety of national contexts after 1945, its role in forming audiovisual narratives of a »biopic of the nation«, and the technical, aesthetical, and political challenges of archiving and restaging cinematic and televisual newsreel.

First Nations Cultural Heritage and Law

Case Studies, Voices, and Perspectives

Author: Catherine Bell,Val Napoleon

Publisher: UBC Press

ISBN: 077485846X

Category: Law

Page: 544

View: 6194

First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.