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Coleman, Elizabeth Burns, Rosemary J. Coombe, Fiona MacArailt. A Broken Record: Subjecting ‘Music’ to Cultural Rights
2012, In The Ethics of Cultural Appropriation, edited by James O. Young and Conrad G. Brunk: Blackwell Publishing.
Topics: Applied Ethics; Culture; Ethics and Socio-Politics of Aesthetics; Freedom and Rights; Personal and Social Identity
Keywords: appropriation; cultural property; intellectual property; music; property rights; repatriation
Traditions: Analytic; Australasian/Oceanian; Comparative/Intercultural; Critical; Cultural
Languages: English

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Added by: Erich Hatala Matthes

Summary: This article presents multiple arguments for the "repatriation" of indigenous music, and the assertion of indigenous cultural rights, while troubling the imposition of legalistic frameworks of Western intellectual property. It situates the harms of appropriation in the perpetuation of unjust systems and misrepresentation, and demonstrates how careful attention to specific cultural practices can play an essential role in sorting out sometimes overly abstract debates about repatriation and appropriation.

Comment: This is a long and difficult text, but it does an excellent job of marrying careful attention to cases with philosophical context and reflection. It is a good choice for more advanced classes, particularly ones that might be focusing on music.

Difficulty: Advanced
Recommended use: Specialised reading

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Coombe, Rosemary J.. The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy.
1993, Canadian Journal of Law and Jurisprudence 6(2): 249-285.
Topics: Applied Ethics; Culture; Ethics and Socio-Politics of Aesthetics; Freedom and Rights; Personal and Social Identity
Keywords: authorship; colonialism; cultural appropriation; cultural property; intellectual property; law; race
Traditions: Critical; Cultural; Historical; North American
Languages: English

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Added by: Erich Hatala Matthes

Abstract: The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue.

Comment: In this wide-ranging essay, Coombe situates debates about cultural appropriation in the context of colonial power dynamics. She discusses both appropriation of styles and stories as well as alienation of material cultural property. In particular, she criticizes the appeal to Western conceptions of property in these debates, and questions whether Native identity and autonomy can be appropriately protected by subsuming Native intangible cultural property claims under Western frameworks for intellectual property. This is a long and challenging essay, best used for more advanced courses. Alternative texts that capture some of the ideas here include Loretta Todd's "Notes on Appropriation" (on which Coombe draws), or, for a text that situates some of these ideas in the literature on epistemic injustice, see Erich Hatala Matthes, "Cultural Appropriation without Cultural Essentialism?".

Difficulty: Advanced
Recommended use: Contains a useful overview

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