Friday, November 12, 2010

does copyright protect or vicimize?

The creations (art, music, and other cultural presentations) of tribal communities has become an object of discussion within many fields of academic study for the very reason that it is addressed in the article "Culture and Copyrights." The article expressed how through an egocentric approach to the assessment of what is considered copyright worthy, the western mentality greatly diminished the integrity of the cultural expression and spiritual value displayed by the Aboriginals represented in the Bulun Bulun case. What came to be debated was the idea that regardless of the Aboriginals original motivations of creation, their work was forced into a world where capitalist value was placed on anything that could potentially fetch a price. Thus, by being denied copyright, the aboriginals were at high risk of being financially abused by those outside the community.

If any capitalist gain is to be made off the work created in this community, shouldn't the benefits and proceeds go to the community from which it came?

In many respects, original European copyright ideas are outdated and inappropriate. Among the reasons, not only are they operating on old prejudice social ideals, but they refer to a reproduction process of material that no longer strictly applies. The new wave of producing information has evolved and changed in the digital age. Since old world copyright ideals are simply that, the new intellectual property principles have been approached as the savior of protecting material that does not fit into the traditional western model. As expressed on page 55 of the article, there is argument that intellectual property rights will protect heritage. This is a very strong first step, but one that still does not address the heart of the issue. Unfortunately, it is the mentality of what is deemed worthy that needs to be addressed in sync with seeking another means of protection outside of the traditional model. Until more respect is grated to communities and practices that are vastly different from what the western world deems to have worth, it will be some time before the creative expressions of these communities are handled appropriately.

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