language as property

[Jimm G GoodTracks]

Personally, I think the enclosed example of a tribal legislation on the
use of any language may be good for an ultimate test case to the US
Supreme Court against Freedom of Speech.  That is purely my own thought.

On the other hand, some years ago, while working with a number of tribal
elders, I received a letter from the chairman (at the time) of one of the
IOM communities.  He declared the right and possession of the tribal
language shared by the elders and my language project/ study/ research
was to be sanctioned by a percentage of the "profits" to be made off any
publications, etc. to the tribal office.

Now then, the individuals of this list well know, that there is little if
indeed any profits made from the publication of tribal grammars, stories,
etc. from work with informants (elders).

But beyond the joke and laugh over said "profits", I shared the question
of "ownership" of a language and information received from elders with
the Cherokee Bilingual Program Director, near Tahlequah, Okla.   I lived
and worked in that area from 1975-85, and the Cherokee Program was the
only full time, fully staffed tribal language program that existed at the
time, that had achedemic credential(ed) staff.

Mrs. Agnes McCowan said (and she was a fluent speaker of Cherokee), the
language and knowledge known and spoken by any person belongs exclusively
to that person.  If it is freely given and shared with another person, as
indeed, there being no other way to receive it, than it is the
individual's prerogative to do so.  The shared (recorded/ written)
language, narrative, story is now co-owned by the person it is shared/
given to, and may be ultilized as seen fit, precluding any proscribed
restrictions presented by the informant elder.

She was emphatic that the tribal political community was not a partner/
co-owner of tribal language/ teachings/ spirituality/ knowledge.  In
other words, the Keeper of a language & knowledge is with the one who has
it, and not the community of which he is a member.

If you think on it, should a tribe claim ownership & declare itself the
usage regulatory agent, than it necessarily should hold true for any
language, including English, Español, Deutsch, etc.   Germany could
regulate the use of German language in the U.S., would seem the amusing
outcome.

While some elders have freely given away their language & cultural
knowledge, most of us know that the majority of elders have norms,
expectations that ultilize rules & forms of sanctions, that go along in a
prescribed form of traditional ways to transferr knowledge.  I will not
recite these traditional M.O.A.'s which are employed towards tribal
members/ non-members, Natives/ non-Natives.  For the uninformed, See Jill
Davidson's "Song To Our Elder Brother" or Laurie Stanley's "The Indian
Path of Life".

And if you look at this discussion from within the tribal culture, the
tribe has no authority over a knowledgable elder to pass on his wisdom to
younger tribal members.  It remains the elders' prerogative.  There is no
way they, the tribal political entity, can "make him."

And in tribal programs, where the elders are an active part of cultural/
language programs, they do so upon their own desire.  And many have
chosen to take it with them.

JimmGT

On Mon, 18 Jun 2001 11:33:30 -0500 "Mark Awakuni-Swetland"
<mawakuni-swetland2 at unl.edu> writes:
> 18 June 2001
> Aloha all:
>
> My current dissertation research has raised an interesting issue
> about native language as property, intellectual property rights, and
> the like.
>
> I will conduct a literature review, but also wish to post the
> following inquiry to the LIST and see if others:
>
> a) have encountered similiar conditions not yet in the literature
> about attempts to legislate the following by tribal ordinance, or
> b) citations/directions to relevant articles concerning indigenous
> people who have claimed rights similar to:
>
> "Whereas: the [_] tribe incorporates under tribal law the following
> decree: the [_] language is alive and dynamic, its use and
> authenticity must be protected as a language system in the 21st
> century, and
>
> Whereas: The [_] tribe claims full and complete ownership of  [the
> __ language] and its compliments of words, phrases, language system
> and future words of the [_] people, and
>
> Whereas: The [_] tribe shall require under this tribal law a
> copyright symbol of [_] after any use or practice of the [_]
> language"
>
> Whereas: The [_] tribe shall require under this tribal law any
> non-Indian or non-enrolled indian member to submit in an approved
> application form permission to use the [_] language in part or any
> part thereof, before they use any portion or part of the [_]
> language for any purpose"
>
> Many thanks
> uthixide
>
> Mark Awakuni-Swetland, Lecturer
> Anthropology/Ethnic Studies-Native American Studies
> c/o Department of Anthropology-Geography
> University of Nebraska
> Bessey Hall 132
> Lincoln, NE 68588-0368
> Office 402-472-3455
> Dept. 402-472-2411
> FAX 402-472-9642
> mawakuni-swetland2 at unl.edu