language as property

Tue Jun 19 13:18:06 UTC 2001

Hi all-

I am now in Alaska working for the National Parks here. Hope to keep
involved as much as possible...

This is an interesting topic I would like to add to.

I think many NA people think somehow you are going to make lots of money
(like Jimm said) off the language. And everyone wants money. This is only
the extension of the general perception that writers make lots of money. I
know that I myself, and from what I know of Jimm's efforts and the others
here, that you SPEND WAY more money and time on keeping the language study
going than you ever make on any of it. Hey, just "write a grant" and you'll
be rolling in dough! Now to be honest, though you don't generally make money
off language study directly, some (linguists among you) do make money
indirectly by having a career based on the language study (thus the fact
sscholars ome are threatened by these kinds of tribal movements to "own"
languages)..and "curators" like Jimm and me do get payback by varying
(emphasis on varying) amounts of regard from the people (some anyway,
depending on the variant allegiances and inevitable/misplaced jealousies
involved). But when it comes to money, cash money, wa! and I add buh!

As far as using copyright law to a language, it won't wash under US
copyright law, which even in art only protects the exact expression of
something.. so you (or a tribe) could copyright a story only so far as the
particular expression of that story, not the idea or a variant expression of
the story. Plus there is the fact that most ofa these stories have been in
public domain for a long long time.

I think the real concern seems to be a bit complex. For some, usually the
more business committee types (or greedy individuals) it seems to be, hey I
want a cut of the pie. Like there is any pie, right. But there is a concern
on at least two other levels.

1. For example, language is a living thing. It has its own life. It was a
gift from the Creator and words themselves have life and power to create or
destroy. Words, the native languages, have a sacredness to them, and can be
misused. I am not talking about the "sacred bundle-ness" of a language, as
an object. I am talking about the creative power and destructive ability
inherent in a language formed by the breath carried down from the first
times, about the life and death force in it. I myself have experienced this,
when I was going to be attacked by a mother bear with cubs. I talked to her
in English and she kept coming. When I talked to her in Ioway, she stopped
and let me go on my way. This kind of power IN THE WORDS I have personally
experienced.

2. This concern also reflects in the current abuse of Lakota by new agey
types trying to "be Indian." Somehow they use the mantra Mitakuye Oyasin
almost like magic words, and many tribes see what has happened to Lakota
popularization, and the appropriation of Native identity and spirituality
through the learning of just enough of the language to appear to be a
spiritual leader.. throw in a "canunpa" and a "inipi" here and there and
PRESTO you are a pipe carrier.

So it's not just money, it's about the spirituality of language, and the
misappropriation of that spirituality, by both nonIndian (and sadly) Indians
to get power over others in a guru sense as well as money (look at the Sun
Bear and Seven Arrows phenomena, let alone the nagual tonal bit of
Castaneda). Language is not only identity, it is spirituality, something
from the time of creation.

No one race of people have a monopoly on spirituality. But native religions
(and language is integral to the religion) are usually thought to be a
specific "contract" between the group and its ancestors/creator/spiritual
environment, and language is an integral part of that. That's why the
Meskwaki don't want others to know their language. That's a part of the
Hochunk traditionalist concern with retaining control over their language, a
way in which copyright may not be appropriate, but you may now better
understand the concern with manipulating language which has the power of
creation in its very sounds.

This may be why many choose not to pass it on, but take it with them when
they pass on.

Lance

Jimm G GoodTracks wrote:

> 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

--
Lance Michael Foster
Email: ioway at earthlink.net
http://home.earthlink.net/~ioway
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