Law in and as culture : intellectual property, minority rights, and the rights of indigenous peoples / Caroline Joan "Kay" S. Picart.

Format:

Book

Author/Creator:

Picart, Caroline Joan, 1966- author.

Contributor:

George Clapp Vaillant Book Fund.

Series:

Fairleigh Dickinson University Press series in law, culture, and the humanities

The Fairleigh Dickinson University Press series in law, culture, and the humanities

Language:

English

Subjects (All):

Indigenous peoples--Legal status, laws, etc.

Indigenous peoples.

Intellectual property.

Physical Description:

viii, 190 pages ; 24 cm.

Place of Publication:

Madison : Fairleigh Dickinson University Press, [2016]

Summary:

There are two oppositional narratives in telling the story of indigenous peoples and minorities in relation to globalization and intellectual properly rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and "innovation," the story of Fear emphasizes the rhetoric of preserving something "pure" and "traditional" that is "dying." Both narratives have compelling rhetorical force and actually need each-either in order to move their opposing audiences into action. However, as Caroline Joan "Kay" S. Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, Law In and As Culture: Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples steers a careful path between hope, rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses a variety of tools derived from law, critical and cultural studies, anthropology, and communication case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche's traditional land in Chile against the backdrop of Chile's drive toward modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation, and copyright. This book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts. Book jacket.

Contents:

Between Mirroring Master Narratives of Fear and Optimism

Law In and As Culture

Cultural Meanings of Intellectual Property

Colonial Appropriations of Marginalized Cultures and Possible Strategies of Resistance

Attempting to Balance First Generation Human Rights and Third Generation Human Rights.

Notes:

Includes bibliographical references and index.

Law, culture, and the humanities series.

Local Notes:

Acquired for the Penn Libraries with assistance from the George Clapp Vaillant Book Fund.

Other Format:

Online version: Picart, Caroline Joan, 1966-, author. Law in and as culture.

ISBN:

9781611477214

1611477212

OCLC:

927382081

Publisher Number:

99968994063