A Broken Record: Subjecting 'Music' to Cultural Rights

In James C. Young and Conrad Brunck, eds., Ethics of Cultural Appropriation (London: Blackwell) 179-210. 2009

38 Pages Posted: 11 Jul 2014

See all articles by Elizabeth Byers Coleman

Elizabeth Byers Coleman

Florida Gulf Coast University; Unitec Institute of Technology

Rosemary J. Coombe

York University

Fiona MacArailt

Independent

Date Written: 2009

Abstract

In this chapter, we assess the relationship between social health and cultural forms in the scope of appropriating ‘artistic consent.’ We do not argue that all forms of cultural appropriation is wrong. In contrast to ‘free culture’ pro-public domain movements, however, we argue that appropriating certain kinds of recorded music should be considered within political and historical contexts. In some situations, particularly involving the recorded music of indigenous communities often subjected to histories of colonialism and domination, appropriation of recorded music needs to be understood as a violation of cultural rights and its ‘repatriation’ must go beyond compensation to encompass a unique set of resources to enable distinct futures to be articulated.

Keywords: Cultural appropriation, Indigenous rights, Law and art

Suggested Citation

Coleman, Elizabeth Byers and Coombe, Rosemary J. and MacArailt, Fiona, A Broken Record: Subjecting 'Music' to Cultural Rights (2009). In James C. Young and Conrad Brunck, eds., Ethics of Cultural Appropriation (London: Blackwell) 179-210. 2009. Available at SSRN: https://ssrn.com/abstract=2463928

Elizabeth Byers Coleman

Florida Gulf Coast University ( email )

Fort Myers, FL
United States

Unitec Institute of Technology

Department of Management and Marketing, FCIB
Private Bag 92025, Mount Albert
Auckland
New Zealand

Rosemary J. Coombe (Contact Author)

York University ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

HOME PAGE: http://www.yorku.ca/rcoombe/publications.htm

Fiona MacArailt

Independent

No Address Available
United States

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