Tag Archives: Intellectual property

Anthropology does IPR, Part 1

I’m flattered to have been given a guest-worker permit at Savage Minds. I was invited to comment especially on the intersection of anthropology and intellectual/cultural property. But since my work is now moving in new and different directions, I’ll also have a few posts on other issues before management yanks my login rights toward the end of the month.

The more I track anthropological work in intellectual property rights (IPR), the more it seems that as a discipline we’ve leveraged ourselves into a strange and contradictory place. On the one hand, many of us enthusiastically support the idea of open access (see Rex’s recent post, for example, or check out the website of the Alexandria Archive Institute). On the other, anthropologists are collaborating with indigenous organizations to create more robust controls over access to indigenous knowledge in the interest of discouraging various forms of cultural appropriation (often described as creating a form of “cultural copyright”). Those controls are likely to have a profound impact on how and what we publish–they already have, in fact–and even on the accessibility of work published decades in the past.

In theory, the two opposed goals are not irreconcilable. In practice, I’m not so sure. After reading Jeffrey Toobin’s recent New Yorker article about Google’s ongoing efforts to upload millions of books to the web, I trolled Google Book Search (still way in beta) and was blown away. I typed in “Moyobamba,” the name of a Peruvian town not far from where I did fieldwork in the 1970s and 80s, and immediately found a half dozen travelers’ descriptions of the town from the nineteenth and twentieth centuries. OK, most of these works are obscure for good reasons, but I might never have encountered them otherwise. Once every ethnography is available to everyone with a computer, what chance do indigenous people have of limiting access to information increasingly defined by them as “sacred” or “sensitive”?

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Indigenous Cultural/Intellectual Property News RSS Feed

Michael F. Brown’s web site, Who Owns Native Culture, has been mentioned on Savage Minds on several occasions. Each time I visit the site I see his wonderful, blog-like list of “news stories, articles, and reports” about indigenous cultural/intellectual property issues and bang my head against the wall because there is no RSS feed for this valuable source of information. I know there are several sites to create RSS feeds for sites which don’t have them, but I’d never been able to make any of them work. Then I happened to stumble upon this excellent tutorial for Feed43.com. Within minutes I had a working feed set up. Here is a direct link to the XML feed (Note: This will look like gibberish in your web browser, as it needs a feed reader to parse the data. I highly recommend Google Reader).

Another possible use for this service would be to make an RSS feed to alert you whenever a scholar’s list of publications is updated on their homepage, giving you a direct link to the PDF. If you create any anthropology related RSS feeds please share them in the comments.

Languages as Intellectual Property

As anthropologists move towards more and more open models of sharing knowledge it will be important to be aware of the potential conflicts this might cause for indigenous groups who wish to restrict access to that knowledge. We’ve all heard of individual words being trademarked, but what if indigenous people wish to restrict use of their entire language?

A great discussion is emerging over at the blog Transient Languages & Cultures, where Jane Simpson has summed up some of the central issues in an ongoing series of posts over at Language Log, together with significant additional commentary of her own:

Three differences are important here – a difference between rights held by an individual and rights held by a group, a difference over which rights can be traded and which are inalienable, and a difference as to whether a right-holder has the right to license other people to enjoy some part of that right.

The one case I’ve heard of before is that of the Hopi. The Hopi Cultural Preservation Office “sought to enact a Tribal ordinance that ‘the Hopi language shall be for the exclusive use of the Hopi people'” as discussed by Peter Whiteley. (I think there is another well known article on this, but I can’t recall where I read it.) Another related paper is “Protecting Traditional Knowledge and Expanding Access to Scientific Data” (PDF) by Eric Kansa (of the Digging Digitally blog), together with Jason Schultz (EFF) and Ahrash Bissell (Duke). Hopefully we will eventually create a page devoted to the topic over at the Open Access Anthropology Wiki.

Alexander Goldenweiser on intellectual property

I am newly back from the blog, having been duly Merged and Acquired. I’ll post reading notes on our next slice of Tsing soon, but just thought I’d take a second here for a hobby of mine — tracking down the Boasians as they write about intellectual property. I’ve mentioned Robert Lowie’s take on this, and many of the early textbook writers included something about IP in the ‘property’ section of their book. The other day I checked out Goldenweiser’s 1937 volume Anthropology: An Introduction To Primitive Culture from my uni’s library (the first person to do so in over thirty years!) and found this little passage on page 149…

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