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Africa is known for its multi-faceted immaterial culture,
manifested in highly original music, oral texts, artistic
performances and sporting events. These cultural expressions are
increasingly regulated by intellectual property rights, as orally
transmitted stories are written down, traditional songs broadcast
and ownership claimed, and sporting activities once part of village
life become national media events. This volume brings together an
interdisciplinary team of legal experts, anthropologists and
literary scholars to explore, from an African point of view, what
happens to intangible cultural goods when they are confronted with
large-scale commodification and distribution through media
technologies, and globalized and divergent judicial systems,
institutions and cultural norms. These transformations are observed
in contexts that range from Senegalese wrestling contests to beauty
pageants in Mali, from Kenyan hip-hop to the Nigerian novel, from
the vuvuzela horn to Cameroonian masks. Contributors address the
role of the state and the legacy of the European origination of IP
laws, as well as the forms of ownership, technologies of mediation
and degrees of commercialization that existed pre-colonially in
different African societies. Resisting a single narrative of the
imposition of a Western legal regime displacing older African
modes, a more complex picture is revealed of the intricate
interconnections between pirates, artists, communities, governments
and international organizations. It is only when local actors
embrace technologies and regulations in a specific historical
situation that these become influential forces for change. The
question raised is not whether international IP norms conform to
African practices, nor whether media impose Western styles, but
rather what local actors do with these regulations and how both
local and Western practices and technologies impact on each other
and co-exist.
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