Culture Matters

DARA E HEALY

The world over, calls are being made for fashion designers to be mindful when borrowing from other cultures and to offer products that are respectful of their traditions…In the main, existing intellectual property laws exclude traditional cultural expressions from protection and relegate them to the public domain, making them vulnerable to appropriation…

– Brigitte Vézina, intellectual property and cultural heritage law consultant

IN THIS country, people are very particular about their culture and heritage. “Please do not use images of Hindu deities on your Carnival masquerades,” or "kindly refrain from referring to African spiritual practices as obeah, black magic or other derogatory terms.”

Are practitioners overly sensitive? After all, in many ways TT culture is the result of considerable mixing and collaborating between diverse traditional forms. Or are they right to be vigilant about the way that our culture is displayed, shared and repackaged, especially when it comes to the sensitive question of commercialisation of our creative output?

Today is celebrated as World Art Day by the United Nations (UN). The commemoration is seen as a chance to deepen the “links between artistic creations and society…and highlight the contribution of artists to sustainable development.”

However, on this day there is also a need to point out that artists from traditional or indigenous cultural traditions are dealing with yet another challenge to their survival – the commercialisation of their work, often without their knowledge or consent.

Globally, there are more conversations taking place about the need to protect local cultural expressions from being taken or appropriated by wealthier, more tech-savvy nations for profit.

The World Intellectual Property Organisation (WIPO) points out that fashion houses have taken their inspiration from local and indigenous cultures for centuries. This may involve the use of locally created fabrics or incorporating designs from ancient, non-western cultures. Recently, the issue of consent has become an important aspect of the conversation on protection of local cultural expressions.

For instance, were you aware that the heart design seen everywhere, from greeting cards to clothing and advertising, is originally an Adinkra symbol from the Asante people of Ghana? Do the people of Ghana benefit from the commercial success of this ancestral symbol? What about the costuming or language specific to traditional Carnival characters?

In our digital age, where everything is captured, uploaded and shared, how can we protect the techniques of our stickfighters? Original chants created by playwright Eintou Springer for the play Kambule are now sung in gayelles across the country as chants that came down through the centuries. How should her original creative output be recognised and protected? How do we safeguard our knowledge of herbs and traditional medicines?