Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Comments On Preliminary Draft 3 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Comments On Preliminary Draft 3 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Faculty Scholarship
The absence of stated principles underlying the articulation of the black letter and comments – principles that the Reporters have said they will provide at the end of the process – continues to trouble the Draft. It remains unclear whether the Reporters are synthesizing positive law, or seeking to reform it. We are not contending that ALI should not push for law reform (even though Principles or some other form might provide a preferable and more transparent vehicle for aspirational endeavors), but we do think the objectives and methodology should be clear from the outset. We remain concerned that ALI’s …
Who Owns Our Ancestors Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Who Owns Our Ancestors Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Kernochan Center for Law, Media, and the Arts
A familiar story is told in Indian Country: a researcher arrives on a Native American reservation and begins recording ceremonial songs and oral histories; years later tribal members find, often to their horror, that these sensitive materials are available for sale, download, or streaming to the public. This scenario aptly describes the life of numerous sound recordings made on federally recognized Indian reservations prior to 1972, whose ownership status remains uninterrogated due to the complex overlap and ambiguities of copyright and federal Indian law. Yet recently, owing to an increased sense of self-determination and autonomy, Native American tribes have begun …