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tougher laws needed to police cultural appropriation in fashion, study says

by:Yufengling     2019-09-28
WATERLOO, Ont. -
A global think tank has called for stricter intellectual property laws to protect local art and traditions from the culture of the fashion industry.
A new report from the center for innovation in international governance states that traditional cultural expressions are \"undeniable\" in the form of intellectual property rights, but are largely excluded from the World Intellectual Property OrganizationWIPO).
The Canadian author of the study, Brigitte weizner, said, \"there is a gray zone between harmful misuse and allowed inspiration\", which makes it difficult to evaluate when there is something that gets past the limits\"It is urgent.
We don\'t see any other way to end the cultural appropriation, \"Montreal-
Born in Vezina, international counsel in The Hague, formerly a legal officer at WIPO.
\"Copying traditional design patterns without consent can erode the identity of a community and cause profound harm.
\"According to the definition of Geneva-
Based on WIPO, traditional cultural expressions include patterns, themes and other design features created by traditional or indigenous cultures.
Vezina says copyright law requires a certain threshold for a work to be considered original
Most traditions fail to meet this threshold because they are often passed down from generation to generation.
\"From a copyright perspective, traditional cultural expressions are considered public domain, which allows anyone to use them for free,\" Vezina said . \" This also makes them vulnerable to abuse.
Her report, \"curbing cultural embezzlement in the fashion industry\", points to some examples, including Nike fitness yoga leggings designed for women in 2013, including traditional tattoos for Samoan men.
Strong public protests forced Nike to stop selling yoga leggings and apologize, but they said they had no intention of offending.
\"The problem is that everything must now be done through social pressure because the legal basis does not exist,\" Vezina added . \" He urged the public to know more about the issue, but also
\"Many designers claim to be innocent or they don\'t know what they\'re doing wrong.
It\'s usually true that it\'s not willing, it\'s probably out of ignorance, but there\'s also a lot of work that needs to be done to make sure the designer should be aware that it\'s not good.
\"She notes that successful cooperation abound when the original material is recognized and respected.
They include high-
The stylish Brazilian brand Osklen drew inspiration for its 2016 spring collection of tattoos and traditional fabrics, and the Ashaninka people are an indigenous tribe living in the Amazon rainforest of Brazil and Peru.
The tag requires permission and paid the consent fee to the tribe
The money is equivalent to $50,000, and some of them have funded a new school and a shop where tribes can sell handmade beads and costumes.
Vezina said that while abuse could be an economic blow to the community, the social and cultural impact could be much greater --
\"This can weaken their sense of belonging and identity in the community.
Vezina said that the definition of cultural appropriation was \"mobile\", but she pointed out three features: a change in cultural context, an imbalance of power between the recipient and the holder, and the absence of the holder.
She also asked four questions that could help determine if something was out of line: does it understand and respect the community?
Is it just copying the work or turning it into something new?
Does it recognize and attribute it to the community as a source of inspiration?
Does it include authorization or even cooperation from the source community or community?
Vezina added that the WIPO inter-governmental committee has been working on the development of a legal framework since 2000.
But she said it was a long process in the hands of member states, including Canada.
Innovation center of international governance is a non-
A partisan think tank based in Waterloo, Ontario.
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