A global think tank is calling for tougher intellectual property laws that would protect Indigenous arts and traditions from cultural appropriation in the fashion industry.
A new report from the Centre for International Governance Innovation says traditional cultural expressions B次元官网网址渁re undeniablyB次元官网网址� forms of intellectual property but are largely excluded from existing protections offered by the World Intellectual Property Organization (WIPO).
The studyB次元官网网址檚 Canadian author Brigitte Vezina says B次元官网网址渢here is a grey zone between harmful misuse and permissible inspiration,B次元官网网址� making it very difficult to assess when something has crossed the line.
B次元官网网址淚t is urgent. We donB次元官网网址檛 see any other way to put an end to cultural appropriation,B次元官网网址� says the Montreal-born Vezina, an international law consultant in The Hague and previously a legal officer at WIPO.
B次元官网网址淐opying traditional design motifs without consent can erode a communityB次元官网网址檚 identity and cause profound harm.B次元官网网址�
As defined by the Geneva-based WIPO, traditional cultural expressions include patterns, motifs and other design features created by traditional or Indigenous cultures.
Vezina says copyright laws demand a certain threshold for a work to be considered original B次元官网网址� a threshold most traditions fail to meet because they are often passed down through generations.
B次元官网网址淔rom a copyright standpoint, traditional cultural expressions are considered to be in the public domain and that makes them freely available for anyone to use,B次元官网网址� says Vezina, adding that also makes them vulnerable to misuse.
Her report, Curbing Cultural Appropriation in the Fashion Industry, points to examples that include Nike workout leggings for women in 2013 that featured a traditional tattoo for Samoan men. A public outcry forced Nike to pull the leggings from sale and apologize, but they said no offence had been intended.
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B次元官网网址淭he problem is everything has to be done through social pressure nowadays because the legal basis does not exist,B次元官网网址� adds Vezina, urging more public awareness on the issue but also greater industry sensitivity.
B次元官网网址淎 lot of designers claim innocence or that they didnB次元官网网址檛 know that they were doing anything wrong. Often itB次元官网网址檚 true, itB次元官网网址檚 unwilling and it might be out of ignorance but thereB次元官网网址檚 also a lot of work that needs to be done to make sure that designers should be aware that itB次元官网网址檚 not OK.B次元官网网址�
She notes that successful collaborations abound when the source material is acknowledged and respected.
They include the high-fashion Brazilian label Osklen, which drew inspiration for its spring 2016 collection in the tattoos and traditional fabrics of the Ashaninka people, an Indigenous tribe living in the Amazonian rainforest of Brazil and Peru.
The label asked permission and paid the tribe an agreed-upon equivalent of US$50,000, some of which funded a new school and a store where the tribe could sell artisanal jewelry and clothing.
While misuse can be an economic blow to a community, Vezina says the social and cultural impact can be far greater B次元官网网址� B次元官网网址渋t can erode their sense of belonging within their community and their sense of identity.B次元官网网址�
Vezina says the definition of cultural appropriation is B次元官网网址渇luidB次元官网网址� but she identifies three characteristics: a change of cultural context, a power imbalance between the taker and the holder, and the absence of the holderB次元官网网址檚 involvement.
SheB次元官网网址檚 also come up with four questions that can help determine whether something crosses the line or not: Does it understand and respect the community? Does it merely replicate the work or actually transform it into something new? Does it acknowledge and attribute the community that served as inspiration? Does it include authorization and even collaboration of the source community or communities?
A WIPO intergovernmental committee has been working on developing a legal framework since 2000, adds Vezina. But she says itB次元官网网址檚 a long process that is entirely in the hands of member states, which include Canada.
The Centre for International Governance Innovation is a non-partisan think tank based in Waterloo, Ont.
The Canadian Press
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