Who Owns Culture?

Appropriation and Authenticity in American Law

Author: Susan Scafidi

Publisher: Rutgers University Press

ISBN: 9780813536064

Category: Law

Page: 203

View: 8347

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Americans are cultural copycats. 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. The ownership of these art forms, however, remains contested. Do they belong to the community that originally generated them, or to 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? Can we strike a balance between affiliative ownership and a creative commons? 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.

The Ethics of Cultural Appropriation

Author: James O. Young,Conrad G. Brunk

Publisher: John Wiley & Sons

ISBN: 1444350838

Category: Philosophy

Page: 320

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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.

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: 1110

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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.

Cultural Appropriation and the Arts

Author: James O. Young

Publisher: John Wiley & Sons

ISBN: 1444332716

Category: Philosophy

Page: 168

View: 4179

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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?'.

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: 6961

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An informative and insightful collection of essays on cultural appropriation, focusing on America's appropriation and use of Native American culture specifically. The topics in this book covers topics from the arts, land, and artifacts to ideas, knowledge, and symbols.

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: 3426

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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.

Culture and authenticity

Author: Charles Lindholm

Publisher: Wiley-Blackwell

ISBN: N.A

Category: Fiction

Page: 176

View: 9378

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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

Cultural Revolutions

Reason Versus Culture in Philosophy, Politics, and Jihad

Author: Lawrence E. Cahoone

Publisher: Penn State Press

ISBN: 9780271045917

Category: History

Page: N.A

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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.

Soul Thieves

The Appropriation and Misrepresentation of African American Popular Culture

Author: Baruti N. Kopano,Tamara Lizette Brown

Publisher: Palgrave Macmillan

ISBN: 9780230108974

Category: History

Page: 316

View: 4344

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This book looks at the misappropriation of African American popular culture through various genres. Hip-hop, the current most dominant African American popular culture creation, serves as the underpinning for the core areas of this book which delineates music, dance, television and film, sports, technology, fashion, sexuality, and religion. However, Soul Thieves is a historically inclusive documentation of the misappropriation of black popular culture, thus spanning other areas and genres besides the current craze. Perhaps the most daring and unique charge here is that most African American cultural creations have the inherent potential to be healing agents, and while many whites acknowledge these potential curative inclinations, they exploit the art for commercial purposes and to maintain and expand white ruling class hegemony over the black and white masses. However, Soul Thieves moves beyond victimization to analyze the roles that some African Americans play in the exploitation of African American popular culture.

The Possessive Investment in Whiteness

How White People Profit from Identity Politics, Revised and Expanded Edition

Author: George Lipsitz

Publisher: Temple University Press

ISBN: 1592134955

Category: History

Page: 312

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A widely influential book--revised to reveal racial privilege at work in the 21st century.

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: 7911

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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.

Public Sphere and Experience

Analysis of the Bourgeois and Proletarian Public Sphere

Author: Alexander Kluge,Oskar Negt

Publisher: Verso Books

ISBN: 1784782432

Category: Philosophy

Page: 352

View: 3356

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The “public sphere” is a key concept in political discourse, designating a space for political action. But is this a single authoritative and universal space in which various positions compete for recognition, or does it consist of multiple local spaces spread over diverse collectivities? In Kluge and Negt’s groundbreaking book they examine the material conditions of experience in an arena that had previously figured only as an abstract term: the media of mass and consumer culture. With a new, up-to-date introduction from Alexander Kluge. From the Trade Paperback edition.

Media and the American Mind

From Morse to McLuhan

Author: Daniel J. Czitrom

Publisher: Univ of North Carolina Press

ISBN: 0807899208

Category: Social Science

Page: 268

View: 2492

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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 of domination and exploitation.

The Education of the Negro Prior to 1861

A History of the Education of the Colored People of the United States from the Beginning of Slavery to the Civil War

Author: Carter Godwin Woodson

Publisher: N.A

ISBN: N.A

Category: African Americans

Page: 454

View: 9587

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The Everyday Language of White Racism

Author: Jane H. Hill

Publisher: John Wiley & Sons

ISBN: 9781444304749

Category: Social Science

Page: 240

View: 2401

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In The Everyday Language of White Racism, Jane H. Hill provides an incisive analysis of everyday language to reveal the underlying racist stereotypes that continue to circulate in American culture. provides a detailed background on the theory of race and racism reveals how racializing discourse—talk and text that produces and reproduces ideas about races and assigns people to them—facilitates a victim-blaming logic integrates a broad and interdisciplinary range of literature from sociology, social psychology, justice studies, critical legal studies, philosophy, literature, and other disciplines that have studied racism, as well as material from anthropology and sociolinguistics Part of the Blackwell Studies in Discourse and Culture Series

The Social Construction of Reality

A Treatise in the Sociology of Knowledge

Author: Peter L. Berger,Thomas Luckmann

Publisher: Open Road Media

ISBN: 1453215468

Category: Social Science

Page: 219

View: 7139

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The classic work that redefined the sociology of knowledge and has inspired a generation of philosophers and thinkers In this seminal book, Peter L. Berger and Thomas Luckmann examine how knowledge forms and how it is preserved and altered within a society. Unlike earlier theorists and philosophers, Berger and Luckmann go beyond intellectual history and focus on commonsense, everyday knowledge—the proverbs, morals, values, and beliefs shared among ordinary people. When first published in 1966, this systematic, theoretical treatise introduced the term social construction,effectively creating a new thought and transforming Western philosophy.