Finding Balance in the Management of Sensitive Cultural Heritage Material in Extant Recorded Sound Collections

Abstract

In the wake of NAGPRA (Native American Graves Protection and Repatriation Act, 1990), U.S. museums and archives are acutely aware of tangible cultural property issues. Cultural intellectual property remains legislatively neglected. Ethical precedent does exist, however, for museums and archives to treat intangible heritage with the same respect as tangible property. Recorded sound collections in many libraries, museums and archives in the United States hold ethnographic recordings of indigenous American cultures. These recordings are of immense value to the cultures and peoples they document as well as to those who study the history and development of humankind. Often they require special treatment or restricted access.

Through the development of collections management policies and procedures, a responsible institution can identify sensitive recordings in its collections and isolate them for further investigation. By doing so, an institution can allow broader access to non-sensitive recordings and can begin the process of determining how to properly manage those that are culturally sensitive.

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References

American Association of Museums. 2006. Press release: AAM accreditation commission issues statement on cultural property— Provides interim guidance for accredited museums. http://www.aam-us.org/pressreleases.cfm?mode-list&id=114.

Brown

Michael F.

1998. Can culture be copyrighted? Current Anthropology 39 (April 1998): 193–222.

Commission on Human Rights: Sub-Commission of Prevention of Discrimination and Protection of Minorities Working Group on Indigenous Populations. 1993. The Mataatua declaration on cultural and intellectual property rights of indigenous peoples. Developed at the First International Conference on the Cultural and Intellectual Property Rights of Indigenous Peoples, June 12–18, in Whakatane, Aotearoa, New Zealand. http://aotearoa.wellington.net.nz/imp/mata.htm.

Crawford

Richard

. 2001. America's Musical Life: A History. New York: WW Norton & Company, Inc.

Daes

Erica-Irene

. 1993. Study on the protection of the cultural and intellectual property of indigenous peoples. E/CN.4/Sub.2/1993/28. New York: United Nations Economic and Social Council, Commission on Human Rights.

Downey

Laura

. 1998. A tourist album and its implications for the intellectual property rights of indigenous peoples. WAAC Newsletter 20/2 (May). http://palimpsest.stanford.edu/waac/wn/wn20/wn20-2/wn20-207.html.

Hunter

Jane

. 2002. Rights markup extensions for the protection of indigenous knowledge. Smithsonian Fellowship funded by the Queensland Government and the Smithsonian Institute. Paper presented at the Eleventh International World Wide Web Conference, May 7-11, in Honolulu, Hawaii. http://www2002.org/CDROM/alternate/748/.

Ktunaxa Nation. 1998. Ktunaxa Nation's code of ethics for research. http://www.ktunaxa.org/downloads/4pillars/land/KKTC%20Code%20ofbtfi20Ethics.pdf.

Lissonnet

Sophie

and Nevile

Liddy

. 2007. A forum for indigenous culture building and preservation. Paper presented at Museums and the Web 2007, April 11–14, in San Francisco, California.

10.

National Recording Preservation Act of 2000. 2000. Public Law 106-474. U.S. Statutes at Large 2085: 114.

11.

Seeger

Anthony

. 2000. Intellectual property and audiovisual archives and collections. Keynote Address presented at the Folk Heritage Collections in Crisis Symposium, December 1–2, at the American Folklife Center, Library of Congress in Washington D. C.

12.

Simmons

John E.

2006. Things Great and Small: Collections Management Policies. Washington, DC: American Association of Museums.

13.

United Nations Educational, Scientific and Cultural Organization. 1999. Protection of folklore: final declaration. UNESCO Symposium on the protection of traditional knowledge and expressions of indigenous cultures in the pacific islands, February 15–19, in Noumea. http://www.unesco.org/culture/copyright/folklore/html_eng/declaration.shtml.

14.

United Nations Educational, Scientific and Cultural Organization. 2007. Culture: Cultural heritage. http://portal.unesco.org/culture/en/ev.php-URL_ID=2185&URL_DO=DO_TOPIC&URL_SECTION=201.html.