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Blog on indian affairs

Safeguarding Indigenous Culture from Appropriation: How Copyright Law Fails to Protect Indigenous Cultural Expressions

3/11/2025

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This article was published in Indian Affairs, Volume 195, Fall/Winter 2025 Journal. By: Kailash Muthukumar and Sky Ravenscroft

Today, Native Nations and their citizens face unique challenges in safeguarding their cultural heritage from exploitation and appropriation. Native Peoples hold distinct traditions and cultural expressions that are both rich and deeply significant. However, existing U.S. copyright laws, rooted in Western notions of individual ownership and originality, fail to adequately protect these cultural expressions. The result is a persistent and damaging pattern of cultural appropriation, where sacred designs, symbols, and knowledge are commercialized without consent, diminishing Indigenous rights and eroding cultural identity. Examining the legal gaps that leave Indigenous heritage vulnerable to exploitation, this article explores the urgent need for reform that upholds Indigenous sovereignty and preserves diverse Native cultural heritage.
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