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As mentioned in Shabalala’s article, Allergan, a pharmaceutical company, was using the Saint Regis Mohawk tribe’s formula to make their eye drop drug. The bill contends that the use of such names and symbols singles out Native Americans for derision and cultural appropriation. Native Americans have been protesting the Redskins and other offensive team names and mascots for decades. 10).Â. A president can slur a woman with “Pocahontas,” and it’s not career ending. Native Americans currently account for 1.4% of the US population. Western cultural appropriation of symbols of ancient cultures. The Washington state Legislature is discussing a proposal to ban the use of Native American names and symbols as public school mascots, logos or team names. Black music and dance; Native American fashions, decoration, and cultural symbols; Chicano style and fashion; and Asian martial arts and dress have all fallen prey to cultural appropriation. However, according to Shabalala’s research, “the IACA trademark system does not provide sufficiently, and arguably any, protection for Native American tribes' cultural property, nor was it ever intended to” (par. According to the article called “Group Right to Cultural Survival: Intellectual Property Rights in Native American Cultural Symbols,” Terence Dougherty states that, “Intellectual property law in the context of cultural appropriation is particularly relevant to many Native Americans” (Dougherty par. They are caricatures, symbols of the European-American narrative that ignores the genocide, disease, and cultural devastation brought to our communities. The symbols, images and mascots teach non-Indian children that it's acceptable to participate in culturally abusive behavior and perpetuate inaccurate misconceptions about American Indian culture. It is like saying that someone of African decent or anyone from Asia should not be allowed to wear a suit with a shirt and tie, because they don’t know who Beau Brummel is, or ANYTIME I’ve seen a “person of colour” wearing a Kilt when they are obviously not from Scotland and have no idea about the suffering and sacrifices made … However, the current federal laws are not providing enough protection for Native American intellectual property. Traditional knowledge is skills, practices, and innovation concerning biodiversity, agriculture or health (par. Furthermore, in Westmoreland’s article, he states that “sacred traditional knowledge is not merely information, it is essential to the tribal way of life” (par. Wearing henna for a summer music festival can quickly turn into cultural appropriation. (2018). Or beer. Quit supporting insulting imagery and labels. Native Americans are also a minority group who have a history of oppression and suffering at the hands of Americans. 4). (1998). ety,’” cultural appropriation does perpetuate harmful and racist stereotypes (2). The native people are unaware because they do not know or think that other people would use these properties for their own purposes. © 1996-2015 National Geographic Society, © 2015- The purpose of the IACA is to prevent fraud in the Indian arts and crafts market. Some of these are creator gods, others are tricksters, deities of the hunt, and gods and goddesses of healing . Cultural appropriation, also called cultural misappropriation, occurs when a person from one culture adopts the fashion, iconography, trends, or styles from another culture. These actions not only abuse the use of Native American intellectual property, but they also affect the images, the stories, and the cultures of the native people.Â, With these cases of the property being misused, Shabalala raises a question of how the Native Americans protect their cultural properties and how the current federal law acts in protecting these properties. But only in the past decade or so has the term "cultural appropriation" entered the public vernacular — typically targeting things like dreadlocks on white folks, headdresses at music festivals and "tribal" prints. But the First Nations often are dismissed as “rural,” or not urbane. A recent study said that “contemporary Native Americans are, for the most part, invisible in the United States.” The report, called “Reclaiming Native Truth,” cited “the impact of entertainment media and pop culture” and “the biased and revisionist history taught in school.” It also noted “the effect of limited—or zero—experience with Native peoples.”. The Effects of Cultural Appropriation The cultural appropriation of the Plains’ Indian headdress is a pertinent issue in Native 8). Our ancestors built indigenous cities such as ancient Cahokia (east of St. Louis, Missouri) and Double Ditch (north of Bismarck, North Dakota). Americans need to evolve. Think of Washington, D.C.’s National Football League team and the Major League Baseball teams in Cleveland and Atlanta. African Americans, Asian Americans, Hispanic Americans, and Native Americans generally tend to emerge as the groups targeted for cultural appropriation. However, that is not their original formula, so “on Friday, September 8, 2017, the pharmaceutical company” had to “[transfer] ownership of all federal U.S. patents for its Restasis drug to the Saint Regis Mohawk tribe; the tribe then licensed them back to the company” (par. Then, by manipulating and exploiting the stereotype. Native American protesters stand outside the Phoenix office of a retailer of "sexy Native American" costumes last year. 1). 11). Cultural appropriation, ethnocentrism, playing Indian, stereotype, self-determination Native Americans have been preserved in American culture as noble savages, beloved for their stereotyped bravery and strength and emblazoned on sports logos, foods, and clothing. Days later, the journal complains that nearly every horse had a sore back. 9). Native American activists have campaigned against the usage of “Chiefs” as the Kansas City football team mascot for years. Religious Symbols, the Original Cultural Appropriation DO IT RIGHT While his may have been in awful taste, Donald Trump is not the first to use a religious symbol for less than altruistic reasons. The image of the American Indian as a marketing tool is partly rooted in the trade networks between indigenous people and European Americans. Wars and diseases such as smallpox destroyed the world that was. Or motorcycles. With that destruction came invisibility. The cultural appropriation of religious/cultural symbols is hotly debated, however. That word, honoring Italian explorer Amerigo Vespucci, was coined in Europe in 1507, when it was used on a map of the New World. https://www.nationalgeographic.com/culture/2018/10/indigenous-peoples-day-cultural-appropriation.html. Another act is the Native American Graves Protection and Repatriation Act, (NAGPRA), an act with the purpose to provide “protection, return, and repatriation of Native American remains and artifacts found on federal or tribal lands” (par. It’s time to make Native Americans more visible. Indigenous Hawaiian motifs, for example, are often borrowed and reimagined. Protecting these cultures from being abused is difficult. Native American imagery is all around us, while the people are often forgotten For indigenous people, everything from the word “America” to the insulting ways native symbols are used is … It was our world, but it wasn’t our word. The Importance of Native American Intellectual Property, Journal of Electronic Commerce Research (JECR), Long Beach Small Business Monitor (LBSBM). Yet it often still seems OK to mock the first Americans. 9). A recent example of cultural appropriation is the wearing of “Red Indian headdresses”, which have become popular accessories. Native people excelled at trade. Benjamin Franklin, for one, saw the richness of the native culture—and government—that was already here. Seton’s “Indian teachings” were based on a homogeneous concept of indigenous peoples whereby the tenets and teachings of many North American tribal nations were woven together into a universal moral and spiritual code. Dougherty also explains that with the significant misuse of the native symbols, cultural appropriation can greatly affect the cultural survival of the native people. “I have definitely been bothered by the appropriation of native aesthetics and culture by white and non-native practitioners” says Edgar Fabián Frías (@edgarfabianfrias). The headdresses (known as warbonnets) have a deep spiritual significance in Native American culture. Each Native American tribe has its own laws and rules; these laws and rules are called tribal codes. (We're focusing on Native appropriation in particular, because, judging by the past few months alone, that's the fashion industry's favorite culture to mock/steal from first and apologize for later. The mockery of Native American traditions and rites continues to be condoned nationwide and the effects are real. Western cultural appropriation of symbols of ancient cultures ... and South America (Peru). 77); however, “the Congressional Record regarding TLTIA is absent of any authority or mention of providing protection to Native American tribes” (par. One definition of cultural appropriation, ... folklore, cuisine, traditional medicine, religious symbols, etc. Columbus wrote on October 11, 1492, of encountering handsome people who “are of the color of the Canarians [Canary Islanders], neither black nor white; and some of them paint themselves with white, and some of them with red, and some of them with whatever they find.”. It’s beyond imagination that such disrespect would be shown to any other group. Therefore, to avoid the misuse that can cause a negative impact on the native people, anyone who wants to use the property must have authorization from the native people. 10). Cultural appropriation is utter nonsense. The ideals and people of the United States are better than this history. Shabalala, Dalindyebo Bafana, (2017) "Intellectual Property, Traditional Knowledge, and,             Traditional Cultural Expressions in Native American Tribal Codes," Akron Law Review​:Â. Westmoreland, Chante. We need to think about why Civil War monuments are falling, yet Kit Carson, Andrew Jackson, and other Indian-killers remain celebrated. This history is actually the legacy of Ernest Thompson Seton and his Woodcraft Indians movement (1917), which is foundational to many summer camps as we know them. Moreover, the federal government needs to provide a law that specifically protects Native American traditional knowledge, traditional cultural expressions, and genetic resources. The author of this book used the Quileute tribe’s origin story and incorporated it with the fictitious werewolf story without the permission of the tribe. Wearing a headdress when you have not been authorised to wear one is not. 44). Today, we find the swastika in Asia, in Mexico, in Africa, Native America, Europe, and among several other cultures of the world. 46). Various forms of art such as symbols, designs, painting, dance, music, literature, and performance are considered as cultural expressions (par. Stereotypes also, by definition, reduce a complex culture into a one-note symbol. All rights reserved, The problem began with one word: “America.”. Another interesting case mentioned in the article is about the series Twilight ​​by author Stephanie Myers. This demonstrates that the intellectual property of the Native Americans is extremely important to them in their living and their culture. The pistols, ammunition, and knives were the better score. In the article "Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes,” author Dalindyebo Bafana Shabalala explains what is considered as Native American intellectual property and why it needs protection. By the time the Declaration of Independence was signed in 1776, white people were simply referred to as “the Americans.” My ancestors were called American Indians. Explore the richness of our history and culture. The journal for the Corps of Discovery, as the expedition was called, mentions trading weapons to the Shoshone for horses. Educate yourself on their customs, language, and art. In the US military, however, Native Americans count for 1.7% of total troops–enlisted and officer. Appreciating Native American headdresses is great. “An Analysis of the Lack of Protection for Intangible Tribal  Cultural Property in the Digital Age.” California Law Review, 106(3), 959-990. Art, literature, iconography, and adornment. Learn about the Native American nations that once lived on your land. When my son played high school football, I would cringe when his team played a team called the Indians, knowing that ordinary, good people would chant silly, made-up songs and wear cartoonish paint and feathers. A common example of cultural appropriation is the adoption of the iconography of another culture, and using it for purposes that are unintended by the original culture or even offensive to that culture's mores.Examples include sports teams using Native American tribal names or images as mascots; wearing jewelry or fashion with religious symbols … In his study of a hundred tribal codes, Shabalala shows that there are only nine codes mentioned about intellectual property or something related to intellectual property.  This study demonstrates that the native people are unaware in protecting their cultural property. These days American Indian symbols are everywhere. There are many acts that try to provide protection concerning intellectual property, but they do not provide enough protection for the Native American intellectual property including traditional property, traditional cultural expressions, and genetic resources. The purpose of the TLTIA is “to provide international uniformity of trademark registration’ (par. 83). Shabalala says that although the book or the movie “may have a valid copyright in the realm of federal property, the unauthorized use of the Quileute origin story may cause harm when outsiders begin viewing the unauthorized use of the cultural property as a true reflection of the source culture” (par. By making Native American cultures more of what White society wants, by making them "Indian" and simulating the Indian into the mainstream. According to Shabalala, Native American intellectual property includes traditional knowledge, traditional cultural expressions, and genetic resources (Shabalala par. Native American culture is rich in terms of clothing, artifacts, and religious symbols, these symbols are commonly appropriated in day-to-day life. Dougherty also explains that with the significant misuse of the native symbols, cultural appropriation can greatly affect the cultural survival of the native people. 66). Native American Cultural Symbols. Remember That Culture Is Fluid. Shabalala mentions the Trademark Law Treaty Implementation Act (TLTIA) and the Indian Arts and Crafts Act (IACA). Some say the images are rooted in physical stereotypes and caricature. Columbia Human Rights Law Review, 29(2), 400. It’s no surprise to the Native folks that non-Natives still feel ennobled to appropriate, carry, and distort consecrated indigenous … Canarians. But the story sold to the new Americans was the fiction that endured, enhanced by dime-store novels, shows such as Buffalo Bill’s Wild West, and eventually, Westerns on TV and film. Think about all those college and high school football teams and their mascots. Group Rights to Cultural Survival: Intellectual Property Rights inÂ. My favorite story about that comes from my own tribe’s encounter with the Lewis and Clark expedition in the early 1800s. By 19… It’s time to be real Americans. Furthermore, in  Westmoreland’s article, he states that “sacred traditional knowledge is not merely information, it is essential to the tribal way of life” (par. Cultural appropriation is the use of another culture’s symbols, knowledge, or practices without understanding or respecting their meaning or … While Toth’s work raises questions about authenticity, he says his work honors native culture. From the Atlanta Braves’ tomahawk chop to the derogatory name of the Washington Redskins, these symbols typically include racist depictions of Native American culture. American Indian: Two labels we didn’t choose. Native Americans are known for their distinctive cultures and special symbols. Cultural appropriation refers to the use of objects or elements of a non-dominant culture in a way that doesn't respect their original meaning, give credit to their source, or reinforces stereotypes or contributes to oppression. If you’ve ever been to an American football game, you may have seen fans wearing costume headgear with feathers, face paint and foam representations of symbols in a display of supporting their teams, but it is actually considered to be mocking Native American traditions and culture and an act of cultural misappropriation. Native American symbols have long caught the eye of non-Native designers, who are inspired by the bold graphics of artisanal Native American patterns. These names and symbols are considered to be cultural appropriation because they … Native American imagery is all around us, while the people are often forgotten. Imagine if that name had stuck. White society attempts to make "Indianness" part of the mainstream culture, thereby, validating the appropriation of Native land and resources. 2021 National Geographic Partners, LLC. Hungarian-American sculptor Peter Toth, at his Florida studio, has created 74 statues of native peoples in North and South America, part of his Trail of the Whispering Giants collection. However, according to the article “An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age,” author Chante Westmoreland states that the NAGPRA did “offer some protection for the tangible cultural property but omit protection for the sacred traditional knowledge the object conveys” (Westmoreland par. But back then, the only Americans were indigenous. Think of boxes of butter. Cultural appropriation—when people from a more powerful or more affluent culture profit by taking symbols, arts, and ideas from historically disenfranchised groups without credit or compensation—is a widespread problem. Appreciating Culture and Building Bridges. Cultural appreciation and cultural appropriation often come down to one thing: intention. It’s a label twisted by accidents of history: The Italian explorer who gets his name on two continents and another Italian, Christopher Columbus, who dubbed indigenous people “Indians,” presumably because he thought he was in the East Indies. We might have been called something else. Native American religions often honor a vast array of deities. “It’s not fair to ask any culture to freeze itself in time and … Dougherty, Terence. He wrote in 1751, praising the Iroquois confederation of Indian nations, that “has subsisted ages and appears indissoluble; and yet that a like union should be impracticable for ten or a dozen English colonies, to whom it is more necessary, and must be more advantageous, and who cannot be supposed to want an equal understanding of their interests.”. The term “Great Spirit” is applied often in Native American spirituality, to refer to the concept of an all-encompassing power. Genetic resources include plants, seeds, and medicine formulas.Â, There have been many cases where the Native American intellectual property has been used without first obtaining permission and authorization from the Native Americans. International uniformity of trademark registration’ ( par team and the Major League Baseball teams in Cleveland and Atlanta and.. To be condoned nationwide and the Indian arts and crafts market appropriation the cultural.! 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