Native Americans and Intellectual Property: The Necessity of Implementing Collective Ideals into Current United States Intellectual Property Laws

Abstract

Native Americans have a very distinct and historic culture. Their tribal stories, dances, etc., are often imitated in all walks of life and embody each specific tribe. While some people are merely paying homage to a different culture, others are simply appropriating this culture for their own benefit. Under the current intellectual property regime in place in the United States, Native Americans are often left without recourse against such infringers. This is mainly due to the lack of recognition of collective intellectual property rights and other features specific to Native American intellectual property. Without a change in the scope of the current intellectual property laws, Native American cultural property will continue to be appropriated in an unfair way, which would allow infringers to escape punishment. Unless a complete statutory exemption is provided for Native American cultural property that recognizes its distinct characteristics, it will continue to suffer the same results that it has throughout time.

Keywords: Native American, Indigenous People, Intellectual Property, Cultural Property, International Law

JEL Classification: K1, K19