Sunday, 26 November 2017

Intellectual Property

Note: For clarity, I am just going to discuss the two readings from the last post for next week. I'm sorry if I made things confusing by posting again. This is just for sharing. :)

Apologies for multiple posts, but I also wanted to bring up intellectual property issues in archaeology as we come up on next week's discussion. It was a bit difficult to narrow down articles I wanted the class to read, as issues surrounding intellectual property are certainly relevant. My solution: Another post! With completely optional readings and discussion. (For full disclosure: I've already read and shared these readings in another course, which is another reason why I made it a separate, non-assignment related post. Intellectual honesty is part of ethics, after all! I am only sharing because I do believe that issues surrounding copyright, trademark, and ownership are important to consider.)

Hollowell, Julie, and George Nicholas. 2008. "Intellectual Property Issues in Archaeological Publication: Some Questions to Consider". Archaeologies. 4 (2): 208-217.

I also present to you a case study of the ongoing legal debates surrounding intellectual property and cultural heritage in the United States: Building off the previous article, Sari Sharoni of Stanford Law School wrote on the potential and limitations of using trademark to deter cultural appropriation, which was later published as part of the Federal Circuit Bar Journal in the United States. She discusses the lawsuit against Urban Outfitters by the Navajo. Her point of view is that trademarking would ultimately be ineffective, which seems to have since been contradicted by recent legal victories.

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