Who Owns Culture?: Appropriation and Authenticity in American Law by Susan Scafi

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Who Owns Culture? offers analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, it takes the reader on a tour between law and culture and provides insights into communal authorship, cultural appropriation, intellectual property law, and the formation of American culture.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

Community-generated art forms have tremendous economic and social value, yet most source communities have little control over them. White suburban youths perform rap music, New York fashion designers ransack the world's closets for inspiration, and Euro-American authors adopt the voice of a geisha or shaman. 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.

Table of Contents

ContentsPreface and AcknowledgmentsIntroductionChapter 1: The Commodification of CultureChapter 2: Property OwnershipChapter 3: Cultural Products as Accidental PropertyChapter 4: Categorizing Cultural ProductsChapter 5: Claiming Community Ownership via AuthenticityChapter 6: Family FeudsChapter 7: Outsider AppropriationChapter 8: Misappropriation and the Destruction of Value(s)Chapter 9: Permissive AppropriationChapter 10: Reverse Appropriation of Intellectual Properties and Celebrity PersonaeChapter 11: Civic Role of Cultural ProductsChapter 12: An Emerging Legal FrameworkAppendix: Defining PropertyNotesIndex

Long Description

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.

Description for Reader

Susan Scafidi is a professor of law and history at Southern Methodist University. She is currently a visiting lecturer at the Yale Law School.

Details ISBN0813536065 Author Susan Scafidi Short Title WHO OWNS CULTURE Publisher Rutgers University Press Language English ISBN-10 0813536065 ISBN-13 9780813536064 Media Book Format Paperback Year 2005 Imprint Rutgers University Press Subtitle Appropriation and Authenticity in American Law Country of Publication United States Birth 1968 Illustrations black & white illustrations DOI 10.1604/9780813536064 AU Release Date 2005-06-08 NZ Release Date 2005-06-08 UK Release Date 2005-06-30 Pages 208 DEWEY 346.73048 Audience Undergraduate Series Rutgers Series: The Public Life of the Arts Publication Date 2005-06-08 Place of Publication New Brunswick NJ US Release Date 2005-06-08 We've got this

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