Who Owns Culture?


Book 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.




Who Owns Native Culture?


Book Description

"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.




Whose Culture?


Book Description

The international controversy over who "owns" antiquities has pitted museums against archaeologists and source countries where ancient artifacts are found. In his book Who Owns Antiquity?, James Cuno argued that antiquities are the cultural property of humankind, not of the countries that lay exclusive claim to them. Now in Whose Culture?, Cuno assembles preeminent museum directors, curators, and scholars to explain for themselves what's at stake in this struggle--and why the museums' critics couldn't be more wrong. Source countries and archaeologists favor tough cultural property laws restricting the export of antiquities, have fought for the return of artifacts from museums worldwide, and claim the acquisition of undocumented antiquities encourages looting of archaeological sites. In Whose Culture?, leading figures from universities and museums in the United States and Britain argue that modern nation-states have at best a dubious connection with the ancient cultures they claim to represent, and that archaeology has been misused by nationalistic identity politics. They explain why exhibition is essential to responsible acquisitions, why our shared art heritage trumps nationalist agendas, why restrictive cultural property laws put antiquities at risk from unstable governments--and more. Defending the principles of art as the legacy of all humankind and museums as instruments of inquiry and tolerance, Whose Culture? brings reasoned argument to an issue that for too long has been distorted by politics and emotionalism. In addition to the editor, the contributors are Kwame Anthony Appiah, Sir John Boardman, Michael F. Brown, Derek Gillman, Neil MacGregor, John Henry Merryman, Philippe de Montebello, David I. Owen, and James C. Y. Watt.




Who Owns the Past?


Book Description

Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property. Contributors to Who Owns the Past? include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview of the development of cultural property law and practices, as well as recent case law affecting the ability of museums and private collectors to own art from other countries. Topics covered include rights to property, ethical ownership, the public responsibilities of museums, threats to art from war, pillage, and development, and international cooperation to preserve collections in the developing world. Engaging all perspectives on this debate, Who Owns the Past? challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage.




Contested Culture


Book Description

Jane M. Gaines examines the phenomenon of images as property, focusing on the legal staus of mechanically produced visual and audio images from popular culture. Bridging the fields of critical legal studies and cultural studies, she analyzes copyright, trademark, and intellectual property law, asking how the law constructs works of authorship and who owns the country's cultural heritage.




Cultural Appropriation and the Arts


Book Description

Now, for the first time, a philosopher undertakes a systematic investigation of the moral and aesthetic issues to which cultural appropriation gives rise. Cultural appropriation is a pervasive feature of the contemporary world (the Parthenon Marbles remain in London; white musicians from Bix Beiderbeck to Eric Clapton have appropriated musical styles from African-American culture) Young offers the first systematic philosophical investigation of the moral and aesthetic issues to which cultural appropriation gives rise Tackles head on the thorny issues arising from the clash and integration of cultures and their artifacts Questions considered include: “Can cultural appropriation result in the production of aesthetically successful works of art?” and “Is cultural appropriation in the arts morally objectionable?” Part of the highly regarded New Directions in Aesthetics series




Who Owns Antiquity?


Book Description

Whether antiquities should be returned to the countries where they were found is one of the most urgent and controversial issues in the art world today, and it has pitted museums, private collectors, and dealers against source countries, archaeologists, and academics. Maintaining that the acquisition of undocumented antiquities by museums encourages the looting of archaeological sites, countries such as Italy, Greece, Egypt, Turkey, and China have claimed ancient artifacts as state property, called for their return from museums around the world, and passed laws against their future export. But in Who Owns Antiquity?, one of the world's leading museum directors vigorously challenges this nationalistic position, arguing that it is damaging and often disingenuous. "Antiquities," James Cuno argues, "are the cultural property of all humankind," "evidence of the world's ancient past and not that of a particular modern nation. They comprise antiquity, and antiquity knows no borders." Cuno argues that nationalistic retention and reclamation policies impede common access to this common heritage and encourage a dubious and dangerous politicization of antiquities--and of culture itself. Antiquities need to be protected from looting but also from nationalistic identity politics. To do this, Cuno calls for measures to broaden rather than restrict international access to antiquities. He advocates restoration of the system under which source countries would share newly discovered artifacts in exchange for archaeological help, and he argues that museums should again be allowed reasonable ways to acquire undocumented antiquities. Cuno explains how partage broadened access to our ancient heritage and helped create national museums in Cairo, Baghdad, and Kabul. The first extended defense of the side of museums in the struggle over antiquities, Who Owns Antiquity? is sure to be as important as it is controversial. Some images inside the book are unavailable due to digital copyright restrictions.




Play Between Worlds


Book Description

A study of Everquest that provides a snapshot of multiplayer gaming culture, questions the truism that computer games are isolating and alienating, and offers insights into broader issues of work and play, gender identity, technology, and commercial culture. In Play Between Worlds, T. L. Taylor examines multiplayer gaming life as it is lived on the borders, in the gaps—as players slip in and out of complex social networks that cross online and offline space. Taylor questions the common assumption that playing computer games is an isolating and alienating activity indulged in by solitary teenage boys. Massively multiplayer online games (MMOGs), in which thousands of players participate in a virtual game world in real time, are in fact actively designed for sociability. Games like the popular Everquest, she argues, are fundamentally social spaces. Taylor's detailed look at Everquest offers a snapshot of multiplayer culture. Drawing on her own experience as an Everquest player (as a female Gnome Necromancer)—including her attendance at an Everquest Fan Faire, with its blurring of online—and offline life—and extensive research, Taylor not only shows us something about games but raises broader cultural issues. She considers "power gamers," who play in ways that seem closer to work, and examines our underlying notions of what constitutes play—and why play sometimes feels like work and may even be painful, repetitive, and boring. She looks at the women who play Everquest and finds they don't fit the narrow stereotype of women gamers, which may cast into doubt our standardized and preconceived ideas of femininity. And she explores the questions of who owns game space—what happens when emergent player culture confronts the major corporation behind the game.




Culture Strike


Book Description

A leading activist museum director explains why museums are at the center of a political storm In an age of protest, cultural institutions have come under fire. Protestors have mobilized against sources of museum funding, as happened at the Metropolitan Museum, and against board appointments, forcing tear gas manufacturer Warren Kanders to resign at the Whitney. That is to say nothing of demonstrations against exhibitions and artworks. Protests have roiled institutions across the world, from the Abu Dhabi Guggenheim to the Akron Art Museum. A popular expectation has grown that galleries and museums should work for social change. As Director of the Queens Museum, Laura Raicovich helped turn that New York muni- cipal institution into a public commons for art and activism, organizing high-powered exhibitions that doubled as political protests. Then in January 2018, she resigned, after a dispute with the Queens Museum board and city officials. This public controversy followed the museum’s responses to Donald Trump’s election, including her objections to the Israeli government using the museum for an event featuring Vice President Mike Pence. In this lucid and accessible book, Raicovich examines some of the key museum flashpoints and provides historical context for the current controversies. She shows how art museums arose as colonial institutions bearing an ideology of neutrality that masks their role in upholding conservative, capitalist values. And she suggests ways museums can be reinvented to serve better, public ends.




Copyrighting Culture


Book Description

Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system, Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists and the radical political economists points of view, and methods of resisting existing laws. }Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system, Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists and the radical political economists points of view, and methods of resisting existing laws.Beautifully written and well argued, this book provides a long, clear look at how capitalism and capitalists seize and control culture through the ownership of copyrights, thus perpetuating their own ideologies and economic superiority. }