Negotiating Culture: Heritage, Ownership, And Intellectual Property PDF
Preview Negotiating Culture: Heritage, Ownership, And Intellectual Property
R ival claims of ownership or control over various aspects of culture Negotiating are a regular feature of our twenty-first-century world. Such debates are shaping disciplines as diverse as anthropology and archaeology, art his- tory and museum studies, linguistics and genetics. This provocative collection of essays—a series of case studies in cultur- Culture al ownership by scholars from a range of fields—explores issues of cultural heritage and intellectual property in a variety of contexts, from contests over tangible artifacts as well as more abstract forms of culture such as language and oral traditions to current studies of DNA and genes that combine nature Heritage, Ownership, and culture, and even new, nonproprietary models for the sharing of digital and Intellectual technologies. Each chapter sets the debate in its historical and disciplinary context and suggests how the approaches to these issues are changing or Property should change. One of the most innovative aspects of the volume is the way each author recognizes the social dimensions of group ownership and demonstrates the need for negotiation and new models. The collection as a whole thus chal- lenges the reader to reevaluate traditional ways of thinking about cultural ownership and to examine the broader social contexts within which negotia- tion over the ownership of culture is taking place. “The essays in this collection take on the subject of ownership and culture in an innovative interdisciplinary context that challenges the reader and forces a reevaluation of thinking about cultural disputes.” —Patty Gerstenblith, author of Art, Cultural Heritage, and the Law LaetItIa La FOLLette is associate professor of art history at the University of Massachusetts Amherst. university of Massachusetts press Amherst and boston EditEd by Cover image: Eirene (Peace). Roman, Imperial Period (late 1st century BC to early Laetitia La Follette 1st century AD). Marble (from Mt. Pentelikon, Greece, for the body; from the Greek island of Paros for the head). Height overall 2.24 m; body c. 1.83 m (a); head c. 0.41 m (b). Museum of Fine Arts, Boston. L-R 41a-b.2006. Photograph © 2013 Museum of Fine Arts, Boston. Eirene (Peace). Roman, Imperial Period (late 1st century BC to early 1st century AD). Photograph © 2013 Museum of Fine Arts, Boston LaFollette Cover.indd 1 5/3/13 2:20 PM “This page intentionally left blank” Negotiating Culture R “This page intentionally left blank” Negotiating Culture R Heritage, Ownership, and Intellectual Property R Edited by Laetitia La Follette University of Massachusetts Press Amherst and Boston Copyright © 2013 by University of Massachusetts Press All rights reserved Printed in the United States of America ISBN 978-1-62534-008-5 (paper); 007-8 (hardcover) Designed by Sally Nichols Set in Adobe Caslon Pro Printed and bound by Thomson-Shore, Inc. Library of Congress Cataloging-in-Publication Data Negotiating culture : heritage, ownership, and intellectual property / edited by Laetitia La Follette. pages cm Includes bibliographical references and index. ISBN 978-1-62534-008-5 (pbk. : alk. paper) — ISBN 978-1-62534-007-8 (hardcover : alk. paper) 1. Cultural property—Protection—Case studies. 2. Cultural property—Moral and ethical aspects—Case studies. 3. Cultural property—Repatiration—Case studies. 4. Intellectual property—Moral and ethical aspects—Case studies. 5. Anthropological ethics I. La Follette, Laetitia Amelia, author, editor of compilation. CC135.N44 2013 363.6'9—dc23 2013015186 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. Cover: Roman statue of the goddess Peace (1st century CE), excavated at Palombara Sabina in Latium, one of the long-term loans made to American museums in exchange for the return of contested antiquities. Photo: Museum of Fine Arts, Boston, courtesy of Dr. Zaccaria Mari, Soprintendenza per I Beni Archeologici del Lazio. Reproduced by permission. CoNteNts Introduction NEgotIAtINg owNERShIP CLAIMS Changing Attitudes toward Cultural Property Laetitia La Follette 1 Part I CoNtEStED PhySICAL CULtURE 1. thE PoLItICS oF ARChAEoLogy heritage, ownership, and Repatriation Joe Watkins 15 2. thE tRIAL oF MARIoN tRUE AND ChANgINg PoLICIES FoR CLASSICAL ANtIqUItIES IN AMERICAN MUSEUMS Appendix: Art Repatriated to Italy and greece through 2010 Laetitia La Follette 38 3. thE SALAMANCA PAPERS A Cultural Property Episode in Post-Franco Spain Oriol Pi-Sunyer and Susan M. DiGiacomo 72 Part II ShARED StEwARDShIP 4. LANgUAgE owNERShIP AND LANgUAgE IDEoLogIES Margaret Speas 101 å vi contents 5. ARChAEoLogIStS, INDIgENoUS INtELLECtUAL PRoPERty, AND oRAL hIStoRy H. Martin Wobst 122 Part III NEgotIAtINg thE BoUNDARy 6. RE-owNINg thE PASt DNA and the Politics of Belonging Banu Subramaniam 147 7. DIgItAL CoMMoNS The Rise of New Models of Collaborative ownership David Bollier 170 Afterword owNERShIP AND thE BoUNDARy Stephen Clingman 188 ABoUt thE CoNtRIBUtoRS 199 INDEx 201 Negotiating Culture R “This page intentionally left blank”
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