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Legal Issues

This is a list of references related to legal issues surrounding music as well as indigenous cultures.

The references on this page are a sub-set of the complete list of Flutopedia references.

For information on the format and other details of these citations, see the main references page.

Legal Issues

[BIA 2010] Bureau of Indian Affairs, Department of the Interior. Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, Federal Register, Volume 75, Number 190, published by the Federal Register Online, October 1, 2010, pages 60810–60814. Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

Three citations: Native American Flute - Honoring the Tradition, Tribal Identification, Native American Indian Tribal Maps

Abstract: This notice publishes the current list of 564 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes.

[BIA 2010a] Bureau of Indian Affairs, Department of the Interior. Supplement to Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, Federal Register, Volume 75, Number 207, published by the Federal Register Online, October 27, 2010, page 66124. Supplement to Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

Three citations: Native American Flute - Honoring the Tradition, Tribal Identification, Native American Indian Tribal Maps

Abstract: This notice supplements the list of ‘‘Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs,’’ published in the Federal Register on October 1, 2010, and announces that, as of October 1, 2010, the Shinnecock Indian Nation is an Indian entity recognized and eligible to receive services from the Bureau of Indian Affairs (BIA).

[Brown-MF 1998] Michael F. Brown. “Can Culture Be Copyrighted?”, Current Anthropology, Volume 39, Number 2, published by The Wenner-Gren Foundation for Anthropological Research, April 1998, pages 193–222. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

Abstract: The digital revolution has dramatically increased the ability of individuals and corporations to appropriate and profit from the cultural knowledge of indigenous peoples, which is largely unprotected by existing intellectual property law. In response, legal scholars, anthropologists, and native activists now propose new legal regimes designed to defend indigenous cultures by radically expanding the notion of copyright. Unfortunately, these proposals are often informed by romantic assumptions that ignore the broader crisis of intellectual property and the already imperiled status of the public domain. This essay offers a skeptical assessment of legal schemes to control cultural appropriation—in particular, proposals that indigenous peoples should be permitted to copyright ideas rather than their tangible expression and that such protections should exist in perpetuity. Also examined is the pronounced tendency of intellectual property debate to preempt urgently needed reflection on the political viability of special-rights regimes in pluralist democracies and on the appropriateness of using copyright law to enforce respect for other cultures.

[Congress 2010] United States Congress. Indian Arts and Crafts Amendments Act of 2010 — H. R. 725 / Public Law 111-211, 2010. Indian Arts and Crafts Amendments Act of 2010 Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

[Congress 2012] United States Congress. FAA Modernization and Reform Act of 2012 — Conference Report to accompany H.R. 658, February 1, 2012, 300 pages. FAA Modernization and Reform Act of 2012 Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Carrying Native American Flutes on Commercial Flights

[Duthu 2008] Bruce N. Duthu and Colin G. Calloway. American Indians and the Law, published by Viking, New York, 2008, 304 pages, ISBN 0-670-01857-0, hardcover. Reissued in [Duthu 2009]. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: A Brief History of the Native American Flute

From Publishers Weekly: Hundreds of Native American tribes are classified as sovereign governments, a murky legal status that this study (part of the Penguin Library of American Indian History) struggles to clarify. Duthu, a law professor and member of the Houma tribe, reviews statute and case law on tribal sovereignty, especially recent Supreme Court decisions that are at odds with Congress's modern friendliness toward tribal self-determination. His dense, dry survey explores such topics as tribal jurisdiction over non-Indians living on reservations, tribal natural resources and environmental policy, adoption law for Indian children and the perennial wrangling between tribal and state governments over taxes, regulation and gambling. Roiling these issues are two conflicts: the clash between tribal sovereignty and congressional power to legislate on Indian affairs, and the tension between tribal group rights and individual rights. Duthu's sympathies are clear: he dismisses critics of special tribal rights as ignorant and castigates infringements of tribal sovereignty as motivated by neocolonialist views of Indians as a dying race; but his focus on legal precedent and convention regarding tribal sovereignty rather than its concrete benefits fails to make a compelling case for the necessity of such sovereignty.

[Duthu 2009] Bruce N. Duthu and Colin G. Calloway. American Indians and the Law, Penguin Reprint Edition, The Penguin Library of American Indian History, published by Penguin, New York, 2009, 304 pages, ISBN 0-14-311478-6 (978-0-14-311478-9), softcover. Reissue of [Duthu 2008]. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

[Girvin 2000] Polly Girvin. “Mendocino County Intertribal Repatriation Project — An Interview with Polly Girvin”, Grace Millennium, Winter 2000, pages 4–8. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

Abstract: Studies of the link between music and emotion have primarily focused on listeners' sensitivity to emotion in the music of their own culture. This sensitivity may reflect listeners' enculturation to the conventions of their culture's tonal system. However, it may also reflect responses to psychophysical dimensions of sound that are independent of musical experience. A model of listeners' perception of emotion in music is proposed in which emotion in music is communicated through a combination of universal and cultural cues. Listeners may rely on either of these cues, or both, to arrive at an understanding of musically expressed emotion. The current study addressed the hypotheses derived from this model using a cross-cultural approach. The following questions were investigated: Can people identify the intended emotion in music from an unfamiliar tonal system? If they can, is their sensitivity to intended emotions
associated with perceived changes in psychophysical dimensions of music? Thirty Western listeners rated the degree of joy, sadness, anger, and peace in 12 Hindustani raga excerpts (field recordings obtained in North India). In accordance with the raga-rasa system, each excerpt was intended to convey one of the four moods or "rasas" that corresponded to the four emotions rated by listeners. Listeners also provided ratings of four psychophysical variables: tempo, rhythmic complexity, melodic complexity, and pitch range. Listeners were sensitive to the intended emotion in ragas when that emotion was joy, sadness, or anger. Judgments of
emotion were significantly related to judgments of psychophysical dimensions, and, in some cases, to instrument timbre. The findings suggest that listeners are sensitive to musically expressed emotion in an unfamiliar tonal system, and that this sensitivity is facilitated by psychophysical clues.

[IACB 1935] Indian Arts and Crafts Board. Indian Arts and Crafts Act of 1935 — United States Code Title 18, Sections 1158-1159 (18 U.S.C. 1158-59) and United States Code Title 25, Parts 305-309, Approved August 27, 1935. 74th Congress, Publication Number 355 [S. 2203]. Indian Arts and Crafts Act of 1935 Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

Abstract: To promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a board is hereby created in the Department of the Interior to be known as "Indian Arts and Crafts Board", and hereinafter referred to as the Board. The Board shall be composed of five commissioners, who shall be appointed by the Secretary of the Interior as soon as possible after passage of this Act and shall continue in office, two for a term of two years, one for a term of three years, and two for a term of four years from the date of their appointment; the term of each to be designated by the Secretary of the Interior, but their successors shall be appointed for a term of four years except that any person chosen to fill a vacancy shall be appointed for the unexpired term of the commissioner he succeeds. Both public officers and private citizens shall be eligible for membership on the Board. The Board shall elect one of the commissioners as chairman. One or two vacancies on the Board shall not impair the right of the remaining commissioners to exercise all the powers of the Board.

The commissioners shall serve without compensation: Provided, That each Commissioner shall be reimbursed for all actual expenses, including travel expenses, subsistence, and office overhead, which the Board shall certify to have been incurred as properly incidental to the performance of his duties as a member of the Board.

[IACB 1990] Indian Arts and Crafts Board. Indian Arts and Crafts Act of 1990, 1990. Indian Arts and Crafts Act of 1990 Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

Abstract: Begun and held at the City of Washington on Tuesday, the twenty-third day of January, one thousand nine hundred and ninety An Act To expand the powers of the Indian Arts and Crafts Board, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,.

[IACB 1996] Indian Arts and Crafts Board. Protection for Products of Indian Art and Craftsmanship — Code of Federal Regulations (CFR) 25, Part 309, RIN 1090-AA45, Final Rule, Federal Register, Volume 61, Number 204, published by the Federal Register Online, Published October 21, 1996, pages 54551–54556. Dated October 15, 1996. Federal Register DOCID:fr21oc96-8. Protection for Products of Indian Art and Craftsmanship Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

Abstract: This rule adopts regulations to carry out Public Law 101-644, the Indian Arts and Crafts Act of 1990. The regulations define the nature and Indian origin of products that the law covers and specify procedures for carrying out the law. The trademark provisions of the Act are not included in this rulemaking and will be treated at a later time.

[Johnston-A 2014] Amy Johnston. “Charles Greul: The Non-Aboriginal Forebearer to the Northwest Coast Printmaking Movement”, The Carleton Graduate Journal of Art and Culture, Volume 2, 2014, 19 pages. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

Abstract: Charles Greul was a non-Aborignal printmaker working in the style of the Northwest Coast during the mid-twentieth century. The scarcity of information on his life and work is acute, leaving only a birthdate of 1923, a possible immigrant status and a printmaking career based in British Columbia spanning the 1950s to the early 1960s. This paper discusses his work through four areas of study: authenticity, appropriation, the tourist market and reactions to, and against, his work. Together, they provide a basis from which to discuss the ways Greul and his prints inserted themselves into the changing discourse of Northwest Coast Aboriginal art production, appreciation and dissemination. Cumulatively, this paper aims to provide a contextualization of Greul’s work in order to argue that his prints played a crucial role in the rise of the printmaking medium among Aboriginal artists of the Northwest Coast. One of Greul’s promotional flyers, found in the Carleton Univeristy Art Gallery’s MacDonald collection, is the foundation from which this argument derives.

[Joyce-Grendahl 2009a] Kathleen Joyce-Grendahl. “Labelling Your Flutes Correctly: The Indian Arts and Crafts Act of 1990”, Voice of the Wind, Year 2009, Volume 2, published by the International Native American Flute Association, Suffolk, Virginia, 2009, page 16. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

[Joyce-Grendahl 2010c] Kathleen Joyce-Grendahl. “Indian Arts and Crafts Amendment of 2010”, Voice of the Wind, Year 2010, Volume 4, published by the International Native American Flute Association, Suffolk, Virginia, 2010, page 28. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

[Kremers 2004] Nancy Kremers. “Speaking with a Forked Tongue in the Global Debate on Traditional Knowledge and Genetic Resources: Is U.S. Intellectual Property Law and Policy Really Aimed at Meaningful Protection for Native American Cultures?”, Fordham Intellectual Property, Media and Entertainment Law Journal, Volume 15, Issue 1, October 2004, 146 pages. See the Fordham Intellectual Property, Media and Entertainment Law Journal web site. Speaking with a Forked Tongue in the Global Debate on Traditional Knowledge and Genetic Resources: Is U.S. Intellectual Property Law and Policy Really Aimed at Meaningful Protection for Native American Cultures? Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

Introduction: In recent years, effective protection for the traditional knowledge, genetic resources, and folklore (“TKGRF”) of indigenous societies has emerged as a major controversy in intellectual property law. One approach is to view TKGRF as mere variants of the commonly accepted forms of intellectual property (“IP”), necessitating the same manner of protection as other qualifying material. Alternatively, some IP scholars argue that TKGRF are inherently different and require new types of legal protection. A third approach, held by a small minority working in the TKGRF area, advises that with so many indigenous societies producing infinite variations of TKGRF, one category of laws will not suffice.

To use an image originating from Native American cultures, are U.S. officials “speaking with a forked tongue” in international forums when they profess the United States’ special concern for protecting indigenous TKGRF? Do current U.S. laws, poorly implemented and often spawned for reasons unrelated to TKGRF protection, merely pay lip service to indigenous TKGRF preservation, while actually protecting corporate commercial interests? Or are these inconsistencies between stated policy and actual implementation—even if factually indisputable—merely benign examples of the normal bureaucratic shortcomings that commonly riddle the U.S.’s cumbersome and complex democracy?

[Lewis-RB 2006] Rodney B. Lewis and John T. Hestand. “Federal Reserved Water Rights: Gila River Indian Community Settlement”, Journal of Contemporary Water Research and Education, Issue 133, published by the Universities Council on Water Resources, May 2006, pages 34–42. Federal Reserved Water Rights Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Tribal Identification

[Skrydstrup 2009] Martin Skrydstrup. Towards Intellectual Property Guidelines and Best Practices for Recording and Digitizing Intangible Cultural Heritage — A Survey of Codes, Conduct and Challenges in North America, published by the World Intellectual Property Organization, June 2009, 156 pages. Initial version dated October 2006, updated June 2009. Towards Intellectual Property Guidelines and Best Practices for Recording and Digitizing Intangible Cultural Heritage Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

Three citations: Flutopedia.com Legal Information, Ethnographic Flute Recordings of North America - Organized Chronologically, Ethnographic Flute Recordings of North America - Organized by Culture

Executive summary: Indigenous communities and developing States have had extensive first-hand experiences with the ways in which ethnographic materials recorded in different formats within their territories have subsequently been misappropriated. For this reason, Indigenous communities today claim a say over whether, how and on what terms elements of their intangible cultural heritage are studied, recorded, re-used and represented by researchers, museums, commercial interests and others. These claims lie at the confluence of technological innovations and the many benefits they offer, on the one hand, and renewed claims by indigenous communities and developing States for greater protection of their cultural expressions and knowledge systems, often considered “public domain” by conventional intellectual property (IP) law, on the other. A matter of particular concern is the institutional handling of “culturally sensitive materials” depicting secret or sacred ceremonial practices. Within a complex web of issues, calls for new IP-type standards for enhanced protection of traditional knowledge (TK) and traditional cultural expressions (TCEs), and recent institutional digitization efforts enabling instantaneous distribution of ethnographic materials in various media to anywhere in the world, the IP system is faced with unprecedented challenges, both conceptually and policy-wise. The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO) has been set up to discuss some of these issues and possibly develop a sui generis ("of its own kind or class") legal instrument which, amongst others, reconciles creators’ rights with wide scale accessibility and dissemination of TCEs in today’s global knowledge economy.

[UN 2008] United Nations. United Nations Declaration on the Rights of Indigenous Peoples, published by the United Nations, March 2008, 18 pages. United Nations Declaration on the Rights of Indigenous Peoples Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

[USCO 2011] United States Copyright Office. Copyright Basics, 2011, 12 pages. See the United States Copyright Office web site. Copyright Basics Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Flutopedia.com Legal Information

[WIPO 2003] World Intellectual Property Organization. Guide to the Copyright and Related Rights Treaties Administered by WIPO and Glossary of Copyright and Related Rights Term, published by the World Intellectual Property Organization, Geneva, 2003, 317 pages, ISBN-13 978-92-805-1200-7. Publication #891. Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Flutopedia.com Legal Information

Abstract: This guide seeks to clarify and explain the legal principles enshrined in the Copyright and Related Rights Treaties administered by WIPO, and their relationship with policy, economic, cultural, and technological considerations. It will be particularly helpful to governments, creators, businesses, the legal profession, academics, consumers and students, in all WIPO Member States.

[Woltz 2006] Jennie D. Woltz. “The Economics of Cultural Misrepresentation: How Should the Indian Arts and Crafts Act of 1990 Be Marketed?”, Fordham Intellectual Property, Media and Entertainment Law Journal, Volume 17, Issue 2, 2006, 59 pages. See the Fordham Intellectual Property, Media and Entertainment Law Journal web site Search Google Scholar Flutopedia format citation APA format citation Chicago format citation MLA format citation Wikipedia format citation

One citation: Native American Flute - Honoring the Tradition

Introduction: Counterfeit goods are everywhere. In an age where counterfeiters sell knock-off designer bags and watches with impunity and society hardly recognizes the casual purchase of counterfeits as a moral wrongdoing, counterfeit goods—whether in the form of a trendy handbag or burned CD—serve as a prevalent thread in the weave of modern America’s cultural fabric. Why stop, then, at creating goods that add to culture, when culture itself can be counterfeited? Factories in Asia produce rugs, dolls, and dream catchers—among other items—that are shipped to America as “authentic American Indian goods,” where retailers rapidly sell these ersatz wares to (usually) non-Indian consumers hungry for a piece of Indian culture.

 
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