Workshop
Wed 24 May 2023
Reading Group: Boatema Boateng’s “The Copyright Thing Doesn’t Work Here”
Online
Participants
Reading Group: Boatema Boateng’s “The Copyright Thing Doesn’t Work Here”
We selected Boatema Boateng‘s book “The Copyright Thing Doesn’t Work Here“ for our next session because of its critical approach to the issues arising when a globalized US-based Intellectual Property regime is applied to cultural production in Ghana. Boateng brings perspectives from African Diaspora studies and Critical Race Theory in order to question the way copyright follows the fault lines of nation, gender, and race, to produce and regulate both individual subjects and certain kinds of knowledge.
Intellectual property is based on understandings of the temporal and social contexts of cultural production that are bound up with modernity. These include the liberal concept of the autonomous, rational individual as the basic unit of society and the actions of that individual as distinct from the actions of all others. As a cultural producer, this individual is the essential subject of intellectual property law—the male or masculinized author or inventor whose ability and right to separate his work from all other such work and make proprietary claims over it is a function of his status as a modern subject. This separation is also temporal in demarcating the creative work of the individual from that of not only living authors but also deceased ones. (page 167)
Boatema Boateng is a legal scholar who has been contributing to the Critical Race IP community, a body of work that we have wanted to pay attention to as part of the reading group. While having been mainly developed by scholars in the US context, the understanding that race is a social construct embedded in legal systems and policies, seems crucial to figure out how it then gets embedded in Intellectual Property, especially, of course, in the context of Open Access, appropriation and re-use.
Reading instruction
On May 24 we will read together Conclusion in which Boateng makes a connection to the potential and to the problems of Open Content for the Ghanee context. (PDF, pp 165–170 and 178–182)
Literature List
Boatema Boateng (2011) “The Copyright Thing Doesn’t Work Here”, Minneapolis: University of Minnesota Press
More cross reading + listening: Critical Race IP
– Exploring Critical Race IP. With Dean Deidre Keller and Kimberly Tignor. UCLA Podcast Season 6, Episode 4, 2021, Listen on Soundcloud
– Anjali Vats, Deirdre A. Keller (2018) , Critical Race IP , PDF
– Harris, Cheryl (1993) Whiteness as Property, Harvard Law Review, PDF
– Harris, Cheryl (2020) Reflections on Whiteness as Property, Harvard L Review 134 PDF