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Protecting Folklore: Is Intellectual Property the Answer?

58 Pages Posted: 9 Aug 2006 Last revised: 8 May 2009

Christine Haight Farley

American University - Washington College of Law

Date Written: 1997

Abstract

What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching?

Keywords: Intellectual Property, Copyright, Trademark, Folklore, Traditional Knowledge, traditional cultural expressions, indigenous

Suggested Citation

Farley, Christine Haight, Protecting Folklore: Is Intellectual Property the Answer? (1997). Connecticut Law Review, Vol. 30, 1997. Available at SSRN: https://ssrn.com/abstract=923410

Christine Haight Farley (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States
202-274-4171 (Phone)
202-274-0830 (Fax)

HOME PAGE: http://wcl.american.edu/fac/farley

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