Negotiating Culture: Heritage, Ownership, And Intellectual Property

220 Pages·2013·2.032 MB·English

by  Laetitia La Follette

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
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Negotiating Culture
R
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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
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