New Search Search History

Holdings Information

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

    • Title:Law in and as culture : intellectual property, minority rights, and the rights of indigenous peoples / Caroline Joan "Kay" S. Picart.
    •    
    • Author/Creator:Picart, Caroline Joan, 1966- author.
    • Published/Created:Madison : Fairleigh Dickinson University Press, [2016]
    • Holdings

       
    • Library of Congress Subjects:Indigenous peoples--Legal status, laws, etc.
      Intellectual property.
    • Medical Subjects: Intellectual Property
    • Description:viii, 190 pages ; 24 cm
    • Series:Fairleigh Dickinson University Press series in law, culture, and the humanities.
    • Summary:There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property 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 other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book 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, among 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 towards 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. The 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.-- Provided by Publisher.
    • Notes:Law, culture, and the humanities series.
      Includes bibliographical references and index.
    • ISBN:9781611477214 hardcover alkaline paper
      1611477212 hardcover alkaline paper
    • Contents:Machine generated contents note: 1. Between Mirroring Master Narratives of Fear and Optimism
      2. Law In and As Culture
      3. Cultural Meanings of Intellectual Property
      4. Colonial Appropriations of Marginalized Cultures and Possible Strategies of Resistance
      5. Attempting to Balance First Generation Human Rights and Third Generation Human Rights.
    Session Timeout
    New Session