Owning Culture

Owning Culture demonstrates how intellectual property law has expanded to allow for private ownership of a remarkable array of things, from the patenting of human genes linked to breast cancer to the trademarking of the phrases «home style» and «freedom of ownership.» This book examines diverse areas of contemporary life affected by intellectual property law, including sampling practices in hip-hop music, the appropriation of Third World indigenous knowledge about the medical uses of plants, the effects of seed patenting on farming, and the impact of copyright law on folk music-making. By placing under scrutiny the individualistic, Western conception of the «author» that grounds intellectual property law, Kembrew McLeod shows how borrowing practices have been - and continue to be - central to cultural production. Additionally, this book highlights how intellectual property law facilitates the privatization of culture and the transfer of power into the hands of wealthy individuals and corporations. Clearly written, thoughtful, and thought provoking, Owning Culture provides an innovative approach to the study of culture and law.

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.

"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.

Every disciple imagines Jesus; reading the Gospels we form images of him and of his surroundings. This has been constant practice for those who desire to know him more clearly. We, however, borrow stuff—from stained glass windows, book illustrations, and the like—which is always familiar to us, but which reflects our, not his, culture. This book invites readers to construct different scenarios about Jesus and his world from the study of his ancient culture. We do this with accuracy because of the advance of cultural studies of his and our worlds. Jesus should look different (wear different clothing, experience different grooming), in settings foreign to us (in houses and boats from his own world). Jesus should speak differently so that the meaning of his words can only be known in his culture. In this book readers travel through the Gospels with specific suggestions about what to see, namely, Jesus in his cultural world. Imagining Jesus also suggests how to listen to him in his cultural language. Did Jesus laugh? How did he pray? This is what the incarnation means: imagining Jesus socialized in a particular culture, at a time foreign to us and in a language strange to us.

This work examines the experiences of African Americans under the law and how African American culture has fostered a rich tradition of legal criticism. Moving between novels, music, and visual culture, the essays present race as a significant factor within legal discourse. Essays examine rights and sovereignty, violence and the law, and cultural ownership through the lens of African American culture. The volume argues that law must understand the effects of particular decisions and doctrines on African American life and culture and explores the ways in which African American cultural production has been largely centered on a critique of law.

The author’s study of missionary training has taken him all over the world. In this work, he shares lessons learned from both Western and non-Western missionary training regarding training, clear objectives, getting started, the profile of a trainer, selecting trainees, the marks of effective training, holistic equipping, contextualized curriculum, and careful assessment of the entire training process.

This work examines the dualistic thinking that characterizes the legal regimes governing creativity and cultural production. It reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western.

Opening Acts: Performance in/as Communication and Cultural Criticism offers new, rigorous ways to analyze communication and culture through performance. Editor Judith Hamera, along with a distinguished list of contributors, provides students with cutting-edge readings of everyday life, space, history, and intersections of all three, using a critical performance-based approach. This text makes three significant contributions to the field - it familiarizes readers with the core elements and commitments of performance-based analysis, links performance-based analysis to theoretical and analytical perspectives in communication and cultural studies, and provides engaging examples of how to use performance as a critical tool to open up communication and culture. offers new, rigorous ways to analyze communication and culture through performance. Editor Judith Hamera, along with a distinguished list of contributors, provides students with cutting-edge readings of everyday life, space, history, and intersections of all three, using a critical performance-based approach. This text makes three significant contributions to the field - it familiarizes readers with the core elements and commitments of performance-based analysis, links performance-based analysis to theoretical and analytical perspectives in communication and cultural studies, and provides engaging examples of how to use performance as a critical tool to open up communication and culture.