Cultural appropriation : artistic influence to identity theft / Nikko Marie Beatriz S. Natuplag.
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: xi, 162 pages : illusrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: Debates on what exactly is cultural appropriation and whether it is wrong have sparked in recent decade. This study aims to determine the legal implications of cultural appropriation to the non-Indigenous Peoples/Indigenous Cultural Communities (IP/ICC)'s Intellectual Property Rights (IPR) under the Intellectual Property Code of the Philippines (IPC) and the rights of the IP/ICC to full ownership, control, and protection of their cultural and intellectual rights under the Indigenous Peoples Rights Act (IPRA) of 1997. This study utilized the qualitative-ethnographic research design using a researcher-made interview guide and involved ten (10) research informants together with the examination of the existing laws. The findings suggest that to seek legal action in relation to cultural appropriation of artistic work, there must be an exact appropriation of a cultural manifestation which originates from a certain IP/ICC without their Free and Prior Informed Consent (FPIC). Moreover, there is a negative viewpoint towards the Indigenous Knowledge Systems and Practices (IKSP) disclosure rule as it restricts the rights of non-IP/ICC to their rights to intellectual property when juxtaposed with the undefined control of the IP/ICC over presentation of indigenous culture and artistic performances. In sum, cultural appropriation is a violation of the IP/ICC's rights to cultural integrity under the IPRA of 1997 upon the qualification that there is an evident determining element as to the nexus between the culturally appropriated work and the IP/ICC identity.
| Item type | Current location | Call number | Status | Date due | Barcode |
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Thesis
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Reserved (Law) | T N21cu 2018 (Browse shelf) | Not for loan | 3UCBLL00008548 |
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Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.
Includes references (leaves 107-111)
Summary: Debates on what exactly is cultural appropriation and whether it is wrong have sparked in recent decade. This study aims to determine the legal implications of cultural appropriation to the non-Indigenous Peoples/Indigenous Cultural Communities (IP/ICC)'s Intellectual Property Rights (IPR) under the Intellectual Property Code of the Philippines (IPC) and the rights of the IP/ICC to full ownership, control, and protection of their cultural and intellectual rights under the Indigenous Peoples Rights Act (IPRA) of 1997. This study utilized the qualitative-ethnographic research design using a researcher-made interview guide and involved ten (10) research informants together with the examination of the existing laws. The findings suggest that to seek legal action in relation to cultural appropriation of artistic work, there must be an exact appropriation of a cultural manifestation which originates from a certain IP/ICC without their Free and Prior Informed Consent (FPIC). Moreover, there is a negative viewpoint towards the Indigenous Knowledge Systems and Practices (IKSP) disclosure rule as it restricts the rights of non-IP/ICC to their rights to intellectual property when juxtaposed with the undefined control of the IP/ICC over presentation of indigenous culture and artistic performances. In sum, cultural appropriation is a violation of the IP/ICC's rights to cultural integrity under the IPRA of 1997 upon the qualification that there is an evident determining element as to the nexus between the culturally appropriated work and the IP/ICC identity.
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