Property of the Tlingit

In Tlingit society, many things are considered property that in other societies would not be. This includes names, stories, speeches, songs, dances, landscape features (e.g., mountains), and artistic designs. These notions of property are similar to those described by modern intellectual property law. More familiar property objects are buildings, rivers, totem poles, berry patches, canoes, and works of art. The Tlingit have long felt powerless to defend their cultural properties against depredation by opportunists, but have in recent years become aware of the power of American and Canadian law in defending their property rights and have begun to prosecute people for willful theft of such things as clan designs.

It is important to note that in modern Tlingit society two forms of property are extant. The first and foremost is unavoidably that of the American and Canadian cultures, and is rooted in European law. The other is the Tlingit concept of property as described here. The two are contradictory in terms of rightful ownership, inheritance, permanence, and even in the very idea of what can be owned. This is the cause of many disagreements both within the Tlingit and with outsiders, as both concepts can seem to be valid at the same time. The Tlingit apply the indigenous concept of property mostly in ceremonial circumstances, such as after the death of an individual, the construction of clan houses, erection of totem poles, etc. The situation of death can be problematic however since Tlingit law dictates that any personal property reverts to clan ownership in the absence of any clan descendants who can serve as caretakers. This, of course, contradicts European legal interpretation, under which property reverts to the state in the absence of legal heirs. However, the two may be considered to be consistent, in that the clan serves as the essence of a Tlingit concept of state. Obviously such matters require careful consideration by both Tlingit familiar with the traditional laws and by the governments involved.

Myriad art forms are considered property in Tlingit culture. The idea of copyright applied to Tlingit art is inappropriate, since copyright is generally restrictive to particular works or designs. In Tlingit culture, the ideas behind artistic designs are themselves property, and their representation in art by someone who cannot prove ownership is an infringement upon the property rights of the proprietor.

Stories are considered property of particular clans. Some stories are shared freely but are felt to belong to a particular clan, other stories are clearly felt to be restricted property and may not be shared without a clan member’s permission. Certain stories are however essentially felt to be in the public domain, such as many of the humorous tales in the Raven cycle. The artistic representation of characters or situations from stories that are known property of certain clans is an infringement on the clan’s property rights to that story.

The K’alyaan Totem Pole of the Tlingit Kiks.ádi Clan, erected at Sitka National Historical Park to commemorate the lives lost in the 1804 Battle of Sitka.

Songs are also considered to be property of clans,[1] however since songs are more frequently composed than stories, a clear connection to individuals is felt until that individual dies, at which point the ownership tends to revert to the clan. A number of children’s songs or songs sung to children, commonly called ‘lullabies’, are considered to be in the public domain. However, any song written with a serious intent, be it a love song or a song of mourning, is considered to be the sole property of the owner and may not be sung, recorded, or performed without that clan’s permission.
Dances are also considered to be clan property, along the same lines as songs. Since people from different clans are often involved in the performance of a dance, it is considered essential that before the dance is performed or the song sung that a disclaimer be made regarding who permission was obtained from, and with whom the original authorship or ownership rests.

Names are property of a different kind. Most names are inherited, that is they are taken from a deceased relative and applied to a living member of the same clan. However, children are not necessarily given an inherited name while young, instead being given one that seems appropriate to the child, recalls an interesting event in the child’s life, or is simply made up on the spot. These names, lacking a strong history, are not considered as important as those that have passed through many generations, so they are not as carefully defended. Also, some names are ‘stolen’ from a different clan to make good on an unpaid obligation or debt, and returned when the debt is paid or else passed down through the new clan until it can make a stable claim to ownership of the name.

Tlingit body armour made with Chinese cash coins on display at the Peabody Museum of Archaeology and Ethnology.

Places and resources are also considered property, though in a much less clearly defined way than is found in the European legal tradition. Locations are not usually clearly bounded in the Tlingit world, and although sometimes certain landmarks serve as clear boundary markers, ownership of places is usually correlated with a valuable resource in that location rather than overt physical characteristics. Usually the resources in question are food sources, such as salmon streams, herring spawning grounds, berry patches, and fishing holes. However, they are not always immediately apparent, such as the ownership of mountain passes by some clans, which is due to exclusive trading relationships with Athabascans who live in lands accessible by those passes.

Although clan ownership of places is nearly complete in the Tlingit world, with the entirety of Southeast Alaska being divided up into a patchwork of bays, inlets, and rivers belonging to particular clans, this does not in practice provide much of an obstacle to food harvest and travel. Reciprocal relationships between clans guarantee permission for free harvest in most areas to nearly any individual. Since the level of inter-clan disagreements has declined, the attitude towards resource ownership is at a point where few persecute trespass into clan areas, as long as the individuals involved show respect and restraint in their harvest. Note that this only pertains to relations within Tlingit society, and not to relations with the American and Canadian governments or with non-Tlingit individuals.

Source From Wikipedia, the free encyclopedia

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