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April 24, 2005
Copyright on crack, pt. III
In composition studies, Andrea Lunsford is the person whom I have heard address the problems of appropriation of indigenous folk art. Lunsford has described the ways in which capitalists (whether individual or corporate) have copyrighted the collaborative work of an entire society. When I have heard her address the issue, she has not moved to a totalizing solution, but has instead posed it as an illustration of the conundrums inherent in the very notion of copyright.
The World Intellectual Property Organization, alas, lacks the subtlety of Lunsford. Eric at Intellectual Property and Social Justice links to commentary on BoingBoing about an article on Ghanamusic.com. At the instance of WIPO, some countries are moving to protect their folk heritage by "'nationaliz[ing]' folklore and charg[ing] foreigners for using folk art elements in commercial works." An update on the BoingBoing post implicates Paul Simon in Ghana's effort to give "prison sentences for Ghanians who sell art based on folklore, traditional knowledge, dance or song." Not that Simon recommends such action, but that his paying Ghana $16,000 for his appropriation of a folk song inspired them to further profit from their heritage.
Garth's commentary on BoingBoing refers to Simon as a "well-meaning human" who "paid $16,000 to the Ghanaian government for a song that he lifted for his album 'The Rhythm of the Saints'." What Garth doesn't reference is the flap of yesteryear, when Simon recorded (some pretty damned good) songs on Graceland (1986) with Ladysmith Black Mambazo and the Soweto Rhythm Section and was subsequently accused of cultural appropriation.
Anyhow. Instead of viewing the problem of cultural appropriation as an indictment of copyright, the WIPO has tried to fit collaborative cultural work within the notion of copyright. And the government of Ghana has responded by demonstrating just what a bad, impossible fit that is.
Posted by senioritis at April 24, 2005 04:14 AM