Danny,

I'm using Electronic Colonialism Theory (McPhail) for examining similar 
issues... it's a critical orientation/macro theory in the mass comm world which 
could give you some ideas, broadly dealing with how peripheral cultures are 
affected by core-nation media exports.

On your second point, I'm fascinated by how pieces of brazilian "funk" (baile 
funk) music have been "culturally appropriated" by artists in the U.S. (like 
Pitbull).  Media resources could come into play (U.S. record labels can easily 
re-record the beats/samples), but also, because Brazil doesn't utilize the U.S. 
(now global) IP structure or music industry model, there is not a pressure or 
obligation to license their content (no one is fighting for them or competing 
with the U.S. labels).  I suppose broadly my thought is also making the 
distinction between commercial and non-commercial media, because in Brazil, 
baile funk is not "commercial" music, therefore again this idea of competition 
of is not present.  Also, because of the lack of baile funk's distribution, 
it's hard for many (American) listeners to recognize appropriated content and 
to acknowledge where the media form originated.

I'd be curious to read your paper when completed, and what legal frameworks you 
envision.

Best of luck,

Jared LaGroue
Graduate Student, Media & Communication, Pepperdine University

_______________________________________
From: [email protected] [[email protected]] On 
Behalf Of Chris Sakkas [[email protected]]
Sent: Sunday, April 22, 2012 2:36 PM
To: Discussion of Free Culture in general and this organization in particular
Cc: Open Knowledge Foundation discussion list
Subject: Re: [FC-discuss] [cc-community] Cultural Appropriation and IP

Hi folks (particularly Danny),

It would be interesting to hear your definition of cultural appropriation. I 
don't think I know what that is.

But there are two things you might want to read more about where developing 
countries have been disadvantaged by IP.

The first is CopySouth which talks about issues of copyright in the Global 
South (http://copysouth.org/portal/)

The second is bioprospecting, specifically the ownership rights of local 
communities 
(https://en.wikipedia.org/wiki/Biopiracy#Ownership_rights_of_local_communities).

Maybe the former doesn't count as appropriation, and maybe the latter doesn't 
count as cultural. But those are the two sources/issues that come to mind for 
me.

Cheers,

Chris

Chris Sakkas
Admin of the FOSsil Bank wiki<http://fossilbank.wikidot.com/> and the Living 
Libre blog and Twitter feed<https://twitter.com/#%21/living_libre>.


On 22 April 2012 19:30, Danny Piccirillo 
<[email protected]<mailto:[email protected]>> wrote:
Hello all,

I'm writing a paper an cultural appropriation and IP.

Specifically, there are one or two points I want to make.
 * IP is not a good way to protect against cultural appropriation
 * IP may encourag cultural appropriation

For the former, I need to show how IP has been ineffective for protecting 
marginalized cultures from appropriation, how there may be a separate legal 
framework, and draw on examles of successful protections in the past. If a 
legal framework is not necessary, what else can be done?

For the latter, it's a point i'm not sure can be made, but any help building or 
criticizing the idea is appreciated!

What do you all think? Please forward this to anyone you think would be 
knowledgeable on this

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