This chapter contains sections titled: Introduction Tradition and Modernity: Culture, Works and Others Record Collection and Salvage Paradigms Preserving Indigenous ‘Music’: Rights and Responsibilities The Harms of Appropriation Information Society Rights‐Based Arguments for Restitution and Limited Properties Repatriation and Recollection Conclusion Acknowledgments References.

Walking down the street in Toronto one day in 1987, pedestrians were surprised to see a message flashing across an electronic billboard. “Lesbians fly Air Canada” it repeatedly signaled. The next day the message was gone. A gay rights group broadcast the phrase, but their communication terminated abruptly when Air Canada threatened to apply for an injunction to stop the group from using its name.

The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing (...) the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue. (shrink)