Law In and As Culture: Intellectual Property, Minority by Caroline Joan "Kay" S. Picart

By Caroline Joan "Kay" S. Picart

There are oppositional narratives in terms of telling the tale of indigenous peoples and minorities on the subject of globalization and highbrow estate rights. the 1st, the narrative of Optimism, is a narrative of the effective commencing of courageous new worlds of industrial integration and cultural inclusion. the second one, the narrative of worry, is a narrative of the endangerment, mourning, and lack of a standard tradition. whereas the tale of Optimism deploys a rhetoric of industrial mobilization and “innovation,” the tale of worry emphasizes the rhetoric of protecting anything “pure” and “traditional” that's “dying.” either narratives have compelling rhetorical strength, and really desire one another, in an effort to stream their opposing audiences into motion. in spite of the fact that, as Picart exhibits, the realities in the back of those rhetorically framed political parables are extra complicated than an easy binary.

Hence, the booklet steers a cautious course among desire instead of unbounded Optimism, and warning, instead of worry, in exploring how legislations features in and as tradition because it contours the panorama of highbrow estate rights, as skilled by means of indigenous peoples and minorities. Picart makes use of, between quite a few instruments derived from legislations, serious and cultural stories, anthropology and conversation, case reports to demonstrate this strategy. She tracks the attention-grabbing tales of the controversies surrounding the possession of a Taiwanese people track; the fight over regulate of the Mapuche’s conventional land in Chile opposed to the backdrop of Chile’s force in the direction of modernization; the collaboration among the Kani tribe in India and a multinational company to patent an anti-fatigue chemical agent; the force for admire and popularity through Australian Aboriginal artists for his or her visible expressions of folklore; and the demanding situations American girls of colour comparable to Josephine Baker and Katherine Dunham confronted in terms of the evolving problems with choreography, improvisation and copyright. The publication additionally analyzes the cultural conflicts that end result from those encounters among indigenous populations or minorities and majority teams, displays upon the ways that those conflicts have been negotiated or resolved, either nationally and the world over, and punctiliously explores proposals to mediate such conflicts.

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