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Cultural Intellectual Property Rights

March 28, 2017

by:

Joe Patti

A few years back I had organized a panel on presenting the work of contemporary indigenous artists at the Association of Performing Arts Presenters conference. We were fortunate to have Moss Patterson of New Zealand’s Atamira Dance Company on the panel. Prior to the panel we had a good discussion about various issues facing artists who were representing their cultural practices. It is a really complicated, but interesting subject.

One of the things Moss kept mentioning was that treaty and law guaranteed the Maori cultural expressions belonged to them. I wasn’t entirely clear to me at the time why this was important because it seemed obvious that a culture could lay claim to its traditional expressions.

Okay, in my defense, the APAP conference is a really busy environment and not exactly conducive to contemplation.

It wasn’t until Andrew Taylor tweeted about Maya weavers in Guatemala who are advocating for collective intellectual property protection for their textiles that I made the connection with Moss’ comments.

The bill has two objectives. First, it calls for a recognition of a definition of collective intellectual property, which is linked to the right of Indigenous Peoples to administer and manage their heritage. Second, it asks that indigenous nations be recognized as authors, in which case they would automatically benefit from intellectual property law. Recognizing indigenous nations as authors just like individuals or companies means that corporations that benefit from the export of Maya hand-woven goods will have to pay royalties to the communities who are the authors of huipiles.

Based on this, I did a little research on intellectual property law and Maori culture and found a heavily annotated summary on the Library of Congress page. The article provides a more detailed understanding of the factors.

…issues include the use of Māori symbols or language in trademarks and inappropriate use of customary knowledge and expressions in products, advertising, and for other commercial purposes. In general, Māori consider that they are unable to exercise control of the trade of their culture in any real or comprehensive sense under the traditional intellectual property framework, and that they are also not reaping the benefits of this trade, whether nationally or internationally.

The fact that certain knowledge or cultural expressions may be seen from a non-Māori or “Western” perspective as having entered the “public domain” is important in considering the type and level of protection that can be achieved. This concept is not necessarily recognized by Māori and other indigenous peoples for whom the cultural knowledge forms an integral part of their history and identity as both individuals and as a group

[…]

The Ka Mate haka “has become a symbol, not only of the All Blacks, but of New Zealand and all its people.”…it has also been used, satirically or otherwise, in foreign advertisements for Italian cars, Scottish whisky, and for a British employment website.Māori people, and particularly the Ngāti Toa tribe of the warrior chief Te Rauparaha, who authored the haka in 1821, have taken offense and expressed their anger at the inappropriate use of the words and actions,…

The recent anger caused by the Halloween costume of the Polynesian demi-god Maui from Disney’s Moana movie may provide a relateable example of the type of things that cause concern for Maori (among other Polynesian cultures in which Maui plays a part).

My goal here isn’t get make statements about the evils of cultural appropriation, just to provide an expanded context and history of the topic from different perspectives.

For Maori, these rights extend back to 1840 and have been the basis of many laws, initiatives, debates and legal proceedings since then. On the other hand, there are emerging efforts to secure intellectual property rights in other places around the world like Guatemala. I wouldn’t be surprised if similar efforts emerged in the United States as digital media make appropriation easier and corporate efforts to perpetuate IP rights for long periods of time continue.

Advocacy, Legal Topics, State of the Arts, Terms and Ideas

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It’s That They Think Ticket Prices Are Too High

March 27, 2017

by:

Joe Patti

A little while ago I came across a presentation by the Wallace Foundation that seeks to aggregate a number of studies to provide insight for building millennial audiences.

If you have been following the research about performing arts audiences for any length of time, there probably won’t be much in the presentation that will surprise you. The barriers to participation, for example, are familiar: cost, no one to go with and the variety of available choices.

However, if you are new to the topic or just seeking a review, the presentation is a good tool. The visuals are easy to navigate and provide some useful insights.

Of particular interest was the topic of cost and younger audiences. In response to the objection that the cost is too high, I have often heard colleagues note that young people will easily drop more money at a bar on a week night than a ticket would cost.

As it so often is, cost is just an excuse for something else. In this case, it is the assurance that one will enjoy the experience.

Among the responses quoted in the Wallace presentation are the following:

“It’s not about the cost or whether I have the money, but just about the investment and the risk.”

and

“I can see myself paying $100 for a show I’ve wanted to see for a long time, but not more than $50-60 for a normal show, and really more like $20 to 30 if I can.”

What was most interesting was that millennials tended to overestimate the cost of the ticket by a significant margin. Check out this chart.

One of the suggestions in the presentation is obviously to find a more effective way to communicate the pricing.

As I looked through the findings, I realized there was a lot in common with the recent survey findings communicated by Ballet Austin which noted audiences were open to experimenting with unfamiliar works if they were provided with information that assured an enjoyable experience.

I subsequently realized the Wallace Foundation funded Ballet Austin’s research so the common elements are to be expected. (And explains why I was experiencing deja vu reading some of the survey quotes.) The Ballet Austin results are worth a read for the detail not mentioned in the presentation document.

One other image I wanted to share, especially for those who may not take my advice to view the full presentation, is this handy chart on experiences millenials in general seek from different performance disciplines. (As they say, your mileage may vary.)

Audience Relations, Info You Can Use, Marketing/PR, State of the Arts

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Everyone Wants Creativity, But Don’t Want To Flirt With Failure

March 22, 2017

by:

Joe Patti

Now and again I have cited the 2010 IBM study where CEOs worldwide ranked creativity as the most relevant and important skill their employees needed to take their companies in the future. According to a piece by Larry Robertson on Creativity Post, similar studies by consultants and multi-national companies like Price Waterhouse Coopers, Boston Consulting Group, Ernst & Young and Adobe have all arrived at the same answer.

Robertson expounds on seven general themes that emerge from the studies. (I am just providing a simple list.)

Creativity clearly surfaces as:

1. A Key Quality…

2. Relevant at Every Level…

3. Critical in Every Sector…

4. A Motivator and Value Maker…

5. One of the Few Things You Can Actually Control…

6. The Telltale Sign of an Effective Leader…

7. A Greater Social Need…

And yet, even with all the agreement and evidence, a substantial gap still exists between what we want, value, and believe creativity’s importance to be and what we actually do to encourage and fuel it.

Few organizations hire, train, or create environments that promote and prioritize creativity. Few leaders set an example beyond their declarations of creativity’s strategic importance. And the few exceptions? Not surprisingly, they are the leaders viewed by their industries, the market, their employees, and their customers as having the highest likelihood of thriving in a disruptive world.

One leader, in a single organization, could read this and seek change. That would be good, but the need is far greater. Collectively, as human beings, we need to bridge the gap between “perceived need and actual use” when it comes to creativity…

I think we probably all realize that creativity isn’t supported in practice because it involves risk. No one wants to be the one blamed when something goes wrong. When TV shows and movies depict a creative risk taker, it is often a father (is it ever the mother?) who has relegated himself and his family to near poverty due to the failed inventions he has sunk resources into. If something works, everyone is surprised and it is usually to save the day.

If someone is successful at plying their creativity in a scientific way, it is usually as a vehicle for some adventure. If it is depicted in association with the arts, it is a rags to riches story that often involves the recognition of hubris that grounds them.

Rarely are creative abilities depicted as part of a successful character’s normal background that isn’t the basis of moving the story forward or some character flaw/quirk. Creativity is either the reason why someone’s life is held back or it enables them to lead an amazing life of opportunity. Sometimes it is a combination of both– the broke, but zany person who finds meaning in the simple pleasures of life and helps the main character change their life. Rarely is creativity associated with a solid, normal life.

Think about how many characters have been successful doctors, lawyers and business people who didn’t seem to have to do much in these areas to be successful. How many characters have a comparable life in a creative profession? (Mike Brady from the Brady Bunch? Can you think of more?)

Granted, most people get into a creative field because provides interesting opportunities and elevates your day above the mundane. They don’t necessarily want their story to be completely normal.

My point is that creativity is often depicted on the extremes, either part of resounding success or abject failure. With that context lurking in the collective subconscious, I wouldn’t necessarily blame businesses if they viewed cultivating and employing increased creativity with some apprehension.

Business Models, creativity, Leadership, State of the Arts, Terms and Ideas

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Talking To Your Neighbors About Saving The NEA

March 21, 2017

by:

Joe Patti

Margy Waller’s piece about How To Talk About Saving the NEA has been making the rounds these last couple weeks. You should take a look at it if you haven’t already. Her piece isn’t so much about how to convince your legislator that the NEA is worth saving as much as it is about making the case to your neighbors. While there is a lot of immediacy about preserving the NEA, Waller’s piece integrates the longer, broader encompassing view that aligns with the agenda of building public will for arts and culture.

She addresses the common objections about supporting the arts: arts are entertainment and a private experience; they are a commodity; they are a passive experience; and a low priority.

The response she proposed advocates for support based on the ripple effect arts have (my emphasis):

A thriving arts sector creates ripple effects of benefits throughout our community, even for those who don’t attend.

These are broad-based benefits that people already believe are real—and that they value:

A vibrant, thriving place: Neighborhoods are livelier, communities are strengthened, tourists and residents are attracted to the area, etc. Note that this goes well beyond the usual dollars-and-cents economic argument and is about creating and sustaining an environment that is memorable and a place where people want to live, visit, and work.
[…]
This organizing idea shapes the subsequent conversation in important ways. It moves people away from thinking about private concerns and personal interests (me) and toward thinking about public concerns and communal beneﬁts (we).

Importantly, people who hear this message often shift from thinking of themselves as passive recipients of consumer goods, and begin to see their role as active citizens interested in addressing the public good.

Now obviously, this shift in perception can’t happen in a vacuum. There actually has to be artistic and cultural activity occurring that resonates with people as contributing to the public good.

She notes that “While it’s true that some decision-makers expect to see this economic impact data, our research reveals that it is not persuasive to the public and is not useful to build broad support for public funding.”

She provides a check list to help keep messaging focused. The following is only an excerpt so be sure to check out the whole thing.

[..]

✓ Vibrancy/Connectedness: Does the example include benefits that could be seen as examples of vibrancy/vitality or increased connectedness?

✓ Benefits to All: Does the example point out potential benefits to people who are not participating in the specific event?

✓ Behind the scenes: Does the discussion also remind people that this doesn’t happen by accident but requires investment, etc.?

✓ One of Many: When possible, it is helpful to mention additional examples in the discussion, which helps audiences focus on the broader point that a strong arts sector creates a range of benefits.

[…]

We can’t say the sky is falling—that undermines our efforts because most people won’t agree with us. We should advocate for good policy on immigration and health care, etc. because these changes could be incredibly devastating to the arts, artists and the communities where they live. It’s not responsible to fight only for the NEA budget in the face of other damaging proposals.

The first point on her check list was “Arts Organization: Are the benefits created by an organization/event/institution that NEA supported?” An important distinction to emphasize if you are talking to people about this is that while many smaller arts organizations, especially in rural locales, may not receive support directly from the NEA, there is a good chance that they do receive a fair amount of funding through their state arts agency, which in turn is strongly supported by the NEA. Since there is likely to be a dearth of private funders, arts organizations in more rural locales potentially have the most to lose even receiving indirect NEA funding.

It can be important to emphasize these indirect relationships to NEA funding because it can be easy to disregard the relevance otherwise.

As someone pointed out to me yesterday, even if you don’t ultimately see a significant impact to your finances, the fact that another organization has to scale back can mean fewer great opportunities for your organization when a group decides not to tour. Perhaps fewer venues participating in touring means the routing doesn’t work out for your location for a performance or visual arts show. Indirect impacts can have the most significant repercussions but can be the hardest to anticipate.

Advocacy, Audience Relations, State of the Arts, Working In The Arts

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