Since the beginning of commodity culture, products have been marketed with images reflecting racist concepts of otherness. Using the prominent examples of three companies - Uncle Ben's, Sarotti, and Banania - this book examines how racist trademark figures were established in the U.S., Germany, and France, and built on nation-specific processes of racial stereotyping. While it finds that the three figures mirror their national histories of slavery, Orientalism, and colonialism, the book reveals that their paths through popular culture also followed strikingly similar patterns. Conceived in an era of overt racism, each symbol was challenged by social movements over the course of the 20th century and became increasingly marginalized in promotional activities. In the early 2000s, however, all three figures were relaunched with supposedly new makeovers, hitting once again at the heart of commodity culture and illustrating the subtle prevalence of racist stereotypes. (Series: Racism Analysis - Series A: Studies - Vol. 3)
This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.
The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.
This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
Colonial Advertising & Commodity Racism is the latest volume in LIT Verlag's series Racism Analysis - Series B: Yearbooks. This series explores racial discrimination in all its varying historical, ideological, and cultural patterns. It examines the invention of race and the dimensions of modern racism, and it inquires into racism avant la lettre. Racism Analysis brings together scholars from various disciplines and schools of thought, with the key aim of contributing to the conceptualization of racism and to identify the practices of dehumanization that are intrinsic to it. The contents of Colonial Advertising & Commodity Racism include: Advertising White Supremacy: Capitalism, Colonialism, and Commodity Racism * Come and Join the Freedom-Lovers: Race, Appropriation, and Resistance in Advertising * Buffalo Bill's Wild West: The Racialization of the Cosmopolitan Imagination * Fun Without Vulgarity? Commodity Racism and the Promotion of Blackface Fantasies * From Oecumene to Trademark: The Symbolism of the Moor in the Occident * Bittersweet Temptations: Race and the Advertising of Cocoa * The German Alternative: Nationalism and Racism in Afri-Cola. (Series: Racism Analysis - Series B: Yearbooks - Vol. 4)
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
This work examines the experiences of African Americans under the law and how African American culture has fostered a rich tradition of legal criticism. Moving between novels, music, and visual culture, the essays present race as a significant factor within legal discourse. Essays examine rights and sovereignty, violence and the law, and cultural ownership through the lens of African American culture. The volume argues that law must understand the effects of particular decisions and doctrines on African American life and culture and explores the ways in which African American cultural production has been largely centered on a critique of law.
This edited collection develops the Strong Program’s contribution to the sociological study of the arts and places it in conversation with other cultural perspectives in the field. Presenting some of the newest and most original research by both renowned figures and early career scholars, the volume marks a new stage in the development of the cultural sociology of art and music. The chapters in Part 1 set new agendas by reflecting on the field’s history, presenting theoretical innovations, and suggesting future directions for research. Part 2 explores aesthetic issues and challenges in the creation, experience, and interpretation of art and music. Part 3 focuses on the material environments and social settings where people engage with art and music. In Part 4, the contributors examine controversies about music and contestation over artistic matters, whether in the public sphere, in the American judicial system, or in an emerging academic discipline. The editor’s introduction and Ron Eyerman's afterword place the chapters in context and reflect on their collective contribution to meaning-centered sociology.
