The Misrepresentation of Consent and Intellectual Property of Florida State University and the Seminole Nation
Author: Kayla B.
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| Source: www.foxsports.com |
Globalization
is the process of integration in economics and communication among worldwide
perspective. This implied integration ideally leads to interconnectedness, a
more interdependent world through gradual systemic patterns that work to
diffuse value systems, cultures, services, and commodities. But in what ways
are the insidious remnants of colonization shrouding minority groups ability to
maintain agency and control over how their culture is dispersed throughout the
world. How systems in the political, economic, religious, technological spheres
adapt and operate in tandem to each other will continue to potentially
influence cultural structures from a top-down level. Despite the numerous
problematic ways in which globalization manifests itself throughout the world,
without the diffusion of these systems communities would be exponentially more
naïve to the processes of the world and the activities of individuals. In
particularly, having awareness of the binary that exists between Western and
non-Western countries and understanding westernized countries’ histories of
imperialism have great power in determining how countries interact and engage
with the other. Possessing a sense of cultural relatively is equally as
imperative when considering how the norms of one culture will translate and be
received by another culture. Every culture possesses some sort of standard for
their perspective in the world and how they move throughout their world.
In
this increasingly globalized world, the spread of information and ideas brings
numerous questions to the forefront of discussion. Perhaps the most pervasive
when considering economic gain is the idea of intellectual property, who has
the rights and merits to use information that is culturally specific. Rebecca
Tsosie discusses in her article “Current Issues in Intellectual Property Rights
to Cultural Resources,” the restrictions that numerous Native American tribes
face when claiming their rights to intellectual property and how this is
influenced greatly by their inability to gain substantial agency in higher
politics and organizations. Part of this stems from a lack of recognition as a
nation-state which would grant the privilege of formally partaking in treaty
discussion through the UN relating to cultural expression and traditional
knowledge. These issues are highly relevant to Native Americans for reasons
pertaining to self-determination, having the legal standing to take action
against those who use their cultural traditions and knowledge to spread
misinformation and false ideas. Native American imagery is portrayed
incessantly and ubiquitously throughout United States culture but analyzing
more closely the prevalence in which these icons are construed to depict a
meaning entirely devoid of cultural authenticity is incredibly common.
The Florida Seminoles provide an example of various
debates and controversies that can spiral out of the use of Native American
iconography. Typically accepted by audiences as just another mascot, a closer
look at the branding surrounding the football sports team reveals some deeper
causes for concern. Looking at the Florida State University website provides
some insight into the dynamic relationship the university displays having with
the Seminole tribe. A relationship they acknowledge was rooted initially in
misguided Hollywood influenced ideas about Native Americans, but one that has
been transformed to depict a more authentic and respectful representation of
the Seminole tribe. Florida State University (FSU) also prides itself on the
collaborative work they have done alongside the Seminole Tribe stating that the
university will only utilize images, dances, and chants with the explicit permission
and consent from the Seminole Tribe. However other sources challenge the
validity of this consensual agreement. In her discussion concerning
intellectual property, Tsosie makes the vital distinguish argument concerning
the rights of cultural expression and traditional knowledge stating that both
are forms of intellectual property, but marking that they are collective
resources, “so not any one individual can give away the rights to those
resources.” Although this is discussed through a lens of legal rights, its
relevance here is revealed when one considered that the Seminole is an entire
nation that is comprised of various tribes. Currently the agreement established
for FSU is only with one of the tribes. There are numerous Seminole Natives
that refute the agreement and still feel as though their representation is
being botched. In 1990, Mike Haney, an Oklahoma Seminole Native American
threatened to file human-rights complaints against FSU, if the university
refused to cease use of any and all use of Native American iconography. In
addition, the Seminole Nation of Oklahoma, formally passed a resolution that
condemned any public school, college, or professional team from using Native
American mascots in 2013. This is important considering that very few Seminoles
reside in Florida, given that they were forced out due to the Indian Removal
Act where a majority resettled in Oklahoma.
Moving forward, what
observations can be made regarding the cultural implication of Native American
imagery for the use of a football team outside of the control of the college.
Football is a sport that in the United States is highly revered and typically
emoting feelings of aggression, competition, and pride. Audiences in attendance
for football games are known for being passionate, even getting frenzied, in
many ways, sports events are a way in which people can escape from the
hardships of everyday and relax. They are not typically a place associated with
analysis and strong adherence to political correctness, however, when observing
the atmosphere of the average FSU game, one is faced with crowds of white
audiences continually perpetrating stereotypes in the name of spirit. Parading
around the stands with feathers worn in hair, Tomahawk chops, and shouting
chants, all of these activities demonstrate the stark difference in
establishing a respectful agreement in theory and comparing that against the
reality of disrespect that still exists in entitled sports fans. Situations
such as this warrant extreme caution and help to illuminate the ways in which
these injustices still permeate American culture.
Author Bio: Kayla B., is a student at IUPUI.
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