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Product Description
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.
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outsider appropriation, celebrity personae, who owns culture, reverse appropriation, cultural misappropriation, outside appropriation, external appropriation, identity tax, group authorship, concurrent ownership, source community, cultural appropriation, civic benefits, cultural products, normative use, source communities, intangible goods Key Phrases - Capitalized Phrases (CAPs): (learn more)
Native American, First Amendment, African Americans, Italian Americans, Mardi Gras, Southern Cross, Dead Sea Scrolls, Pueblo of Santo Domingo, New Orleans, Star Trek, American South, Claiming Community Ownership, Gee's Bend, New York City, Saint Patrick's Day, Roman Catholic, World War, Ten Thousand Villages New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
- The Wind Done Gone: A Novel by Alice Randall on page 132, page 133, and Back Matter
- The Construction of Authorship: Textual Appropriation in Law and Literature (Post-Contemporary Interventions) by Martha Woodmansee in Back Matter (1), and Back Matter (2)
- In Search of Authenticity: Existentialism From Kierkegaard to Camus (Problems of Modern European Thought) by Jacob Golomb in Back Matter (1), and Back Matter (2)
- Black's Law Dictionary, Second Pocket Edition by Bryan A. Garner in Back Matter (1), and Back Matter (2)
- Your Health: A Corrective System of Exercising that Revolutionizes the Entire Field of Physical Education by Joseph H. Pilates on page 121, and Back Matter
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71% buy the item featured on this page: Who Owns Culture?: Appropriation and Authenticity in American Law (Rutgers Series on the Public Life of the Arts) $20.36 |
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10% buy Steal This Music: How Intellectual Property Law Affects Musical Creativity $19.62 |
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10% buy The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law (Post-Contemporary Interventions)$24.95 |
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5% buy Borrowed Power: Essays on Cultural Appropriation$23.95 |
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