For a moment: Bananas may have a fair trade label, so why not clothing their fair trade fashion brand? In the meantime, here are some food for thought for fashion designers: use with respect for cultural significance; Give credit; Use as little as possible; ask for permission by engaging in a real conversation; Enter into cooperation and share the benefits. The fashion industry around the world needs to seriously rethink how it treats cultural appropriation by setting a standard. It must ensure that inspiration and borrowing from Indigenous cultures are provided in a fair and respectful manner. It must send a clear message that disrespectful imitations cause harm. Finally, consider a contrasting and contemporary example of indigenous artists actively reclaiming the cultural works of their ancestors, sometimes against the copyright interests of non-indigenous individuals and the institutions that own them. One of the most prominent examples of this Indigenous renaissance is First Nations artist Jeremy Dutcher,[130] who recently won the prestigious Polaris Award for Best Canadian Music Album of the Year, based on his artistic merit. [131] The album, titled Wolastoqiyik Lintuwakonawa, features Dutcher singing his original compositions, reinterpreting and reintegrating traditional Wolastoqiyik (Maliseet) songs recorded by William Mechling, an anthropologist who visited the Wolastok First Nations in the early 1900s. Dutcher, who is Wolastoqiyik of the Tobique First Nation in present-day New Brunswick, visited the Canadian Museum of History in Gatineau, Quebec, after being ordered by an elder in his community to learn more about his community`s songs, which were kept in the museum`s archives. [132] Part of the answer is that there are simply no clear rules prohibiting the harmful exploitation of Indigenous designs. As a result, designers are unaware of what is acceptable and what is not when they borrow from Indigenous cultures. Yes, policymakers should implement effective laws, but the fashion industry and consumers can also find a way out of the maze of cultural appropriation.
It`s quite common for fashion designers to draw stylistical inspiration from a variety of sources. Can you imagine living in a world where designers had to stay within the confines of their own culture? What a dull world it would be. Intercultural influences are not new and enrich our world, but there is a limit to respect that must be set. For example, a taxonomic approach could make assumptions about the nature of a work based on the characteristics of the work. He may ask questions such as: Does it look like a sculpture, a painting, or a score based on his own perception of it? [279] But taxonomies still seem to favor some distinctions over others. They depend on the priorities and values of those who are able to create their underlying categories and units of analysis. Basically, taxonomies are maps of socially salient differences or distinctions; You update the predominant epistems in which the taxonomy is created. [280] Thus, they inevitably get away with a certain cultural point of view and a moment in history. [281] According to Holmes J.A., advertisements – such as those depicting barnum and Bailey`s creative work – should be protected on the same grounds as goya, Manet`s or Degas` “visual arts.” [90] Indeed, copyright offered “every audience” the opportunity to develop and protect their creative interests, whether their “tastes” or expressions were at odds with the “hopes” of the “upper classes” for the entire “civilization” of society.
Thus, at the turn of the twentieth century, the scope of copyright had expanded to include creative products of any cultural group, provided that such products met the minimum constitutional requirement of being a “letter” from an “author”. [91] Siems, M. (2019) “The Law and Ethics of `Cultural Appropriation`.”, Internationale Zeitschrift für Recht im Kontext., 15 (4). pp. 408-423. Native American powwow culture scout funds may then involve the unauthorized use of copyrighted material belonging to Indigenous artists and their powwow participants. While these uses are offensive to some members of the Native American community and less worrisome to others, it will likely depend on whether they lead to a legally enforceable copyright infringement claim, whether these Scout funds fall under the copyright fair dealing exception.
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