Based on Susan Scafidi’s (@fashionlawinstitute) 3 S’s, ask the following questions to see if taking one culture amounts to cultural misappropriation.
Source
- Was the source community subject to historical subordination?
- Is the source community economically or socially subordinate to the appropriator’s community?
- Is there any other kind of imbalance in power between the source community and the appropriator’s community?
- Is the source community benefiting from the appropriation?
- Is the source community damaged from the appropriation?
- Did the source community give consent for the use of its cultural product?
- Is the appropriator benefiting from the use of the source community’s cultural product?
- Does the appropriator understand the culture (cultural background, history, significance, etc.) which is appropriated?
Significance
- How significant is the cultural product to the source community?
- Is the cultural product sacred or secret to the source community?
- Is the value of the cultural product diminishing from being used by the appropriator?
- Has the meaning of the cultural product diminished or changed by the taking?
Similarity
- How much of the cultural product was taken? Partial or the whole?
- How much of the cultural product was changed in the course of taking?
- Is the cultural product used for the same purpose/function?
Law in Style. 