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Cardozo Arts & Entertainment Law Journal

Abstract

The note examines the challenges minority cultures, particularly indigenous communities, face in protecting their cultural heritage through copyright law, focusing on the Sealaska Heritage Institute Inc. v. Neiman Marcus Group LTD, LLC case. It argues that copyright law's requirements—such as fixation, originality, authorship, and duration—create significant barriers for indigenous cultures seeking to safeguard their intellectual property. The note also critiques the Indian Arts and Crafts Act (IACA) for its inefficacy in preventing cultural appropriation, as it requires plaintiffs to prove specific harms and often fails to address the misuse of cultural motifs without explicit tribal names. The Sealaska case highlights both the potential and limitations of using copyright law creatively, such as transferring rights to tribal entities, but ultimately underscores the need for legal reforms to better accommodate the unique needs of indigenous communities. The article concludes that while copyright law can be a tool for protecting cultural heritage, it requires significant adaptation to address the challenges faced by minority cultures effectively.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Jurisprudence | Law

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