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Who Owns Culture?
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 le...
Who Owns Culture?
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 le...
Navigating Fashion Law
Navigating Fashion Law provides an authoritative, insiders perspective on working with fashion clients to build, protect, and expand their business. Featuring experienced fashion law practitioners, this book guides the reader through the legal side of the fashion industry, including the origins of this area of law, recent trends, and forecasts for the future. From intellectual property and employment to real estate and mergers and acquisitions, these top lawyers detail the multidisciplinary issues that lawyers face, and present strategies for dealing with them. With advice that applies to both start-ups and established brands, these authors discuss how to understand a clients business, negot...
Cultural Appropriation and the Arts
Now, for the first time, a philosopher undertakes a systematic investigation of the moral and aesthetic issues to which cultural appropriation gives rise. Cultural appropriation is a pervasive feature of the contemporary world (the Parthenon Marbles remain in London; white musicians from Bix Beiderbeck to Eric Clapton have appropriated musical styles from African-American culture) Young offers the first systematic philosophical investigation of the moral and aesthetic issues to which cultural appropriation gives rise Tackles head on the thorny issues arising from the clash and integration of cultures and their artifacts Questions considered include: “Can cultural appropriation result in the production of aesthetically successful works of art?” and “Is cultural appropriation in the arts morally objectionable?” Part of the highly regarded New Directions in Aesthetics series
Intellectual Property in Industrial Designs
This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.
The Soul of Creativity
This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.
United States District Courts and Judges of Arkansas, 1836–1960
The book begins with statehood and continues with Congress's decision to expand jurisdiction of the original 1836 District Court of Arkansas to include the vast Indian Territory to the west. The territory's formidable size and rampant lawlessness brought in an overwhelming number of cases. The situation was only somewhat mitigated in 1851, when Congress split the state into eastern and western districts, which were still served by just one judge who travelled between the two courts. A new judgeship for the Western District was created in 1871, and new seats for that court were established, but it wasn't until 1896 that Congress finally ended all jurisdiction of Arkansas's Western District Court over the Indian Territory.
Stealing My Religion
From sneaker ads and the “solidarity hijab” to yoga classes and secular hikes along the Camino de Santiago pilgrimage route, the essential guide to the murky ethics of religious appropriation. We think we know cultural appropriation when we see it. Blackface or Native American headdresses as Halloween costumes—these clearly give offense. But what about Cardi B posing as the Hindu goddess Durga in a Reebok ad, AA’s twelve-step invocation of God, or the earnest namaste you utter at the end of yoga class? Liz Bucar unpacks the ethical dilemmas of a messy form of cultural appropriation: the borrowing of religious doctrines, rituals, and dress for political, economic, and therapeutic reas...
School Resegregation
Confronting a reality that many policy makers would prefer to ignore, contributors to this volume offer the latest information on the trend toward the racial and socioeconomic resegregation of southern schools. In the region that has achieved more widespread public school integration than any other since 1970, resegregation, combined with resource inequities and the current "accountability movement," is now bringing public education in the South to a critical crossroads. In thirteen essays, leading thinkers in the field of race and public education present not only the latest data and statistics on the trend toward resegregation but also legal and policy analysis of why these trends are acce...
The New Frontiers of Fashion Law
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to...
