Jewelry and "Cultural Property"

My Great Grand Mother was a Sioux people from Canada. Today she would
be a part of the First Nation in Canada. I live currently in the
states, but also enjoy my heritage from the First Nation as well as
Canada.

I only do cultural things for the those who ask for such things. But
I have few Scotts that are no more Scottish than my cat, who want
Dirks, Hand a Half swords all for bargin basement prices. I refuse to
make them, unless I can verify their heritage, then they aren’t
bargin basement priced.

First Nation items I make for friendsin the Northern Great Plains,
and some spear heads for Iroquois friends in Ontario.

Jerry aka “Lost Bear”

Hello M’lou

The irony in this discussion is that most symbols in most cultures
can also be found in prior cultures to those again. For example the
cross was used in cultures predating the Christians; the swastika was
used by cultures predating the nazi’s; hands, eyes, circles, spirals
etc. were all used by many cultures around the world for thousands of
years, some of which occurred simultaneously in different countries.

As to the hand of Fatima I found this reference in a simple Google
search: [Khamsa used as a pendant The Khamsa (Arabic CEE3D3C9,
literally “five-fold”), the symbol or design known in some Arabic
societies as the Hand of Fatima, sometimes the Eye of Fatima, and in
Jewish lore as the Hand of Miriam or Hamesh Hand, serves as an
ancient talismanic way of averting the evil eye, or more generally of
providing a “protecting hand” or “Hand of God”.]

Thus being said I will use symbols from other cultures in my art but
I try not to copy them exactly and definitely do not try to make that
cultures’ religious pieces as I am not of those beliefs. The symbols
alone and mixed with other things makes them my own but I do not try
to ‘copy’ another culture for my own. Influences from those cultures
okay.

Karen Bahr
Karen’s Artworx

1 Like
Christians don't seem as proprietary about their symbols as other
cultures. 

That is probably because there are so many sects within Christianity
that have different attitudes towards the same symbols. Occationally
I run into Catholics who think it out of line when Protestants use
Celtic crosses, but this is very rare. There has been a softening in
the past several decades about all of this. Churches that shunned
religious jewelry in the past are now much more tolerant.

Since I do a lot with Celtic designs, I have had to put up with
strange ideas from different factions that make up the audience for
that tradition. The most common controversy has been about the
supposed pagan roots of the Celtic Cross. Neo-pagans sometimes get in
a snit about how the Christians stole it from them, as if after 1500
years of use as a Christian symbol, anyone today ought to feel guilty
about it. I wrote an essay about this that can be seen at
http://celtarts.com/pagan.htm

Stephen Walker

Well the thing I think is to take inspiraton from the First Nations
or other cultures is absolutely human. I mean we cannot help but be
influeneced by what we experience. I lived with the Hopi as a small
child for a very short time, but it was so impactive to my life and
survival. Of course it affects my art. However, I do not claim to be
Hopi just influenced by them and greatful to them as a people for
their help. I too do not as you state copy existing designs in books
to sell. I cringe when i see these so called Hopi knock offs of
kachinas and kokopelli.

I think it is ok to make my own art and designs and I do so. Two of
my prints went to this latest US battle in a Hopi pilots cockpit. So
I think I am doing ok. I am working on some viking pieces so your
post caught my eye. So remain faithful to yourself and follow your
instincts. It will all work out in the end.

Teri
Silver & Cameo Heritage Jewelry
www.corneliusspick.com

hello Ruslana,

it is not legal to produce any artwork like aboriginal dot
paintings, for example,

why is that? Is it so that aboriginals can profit directly from
their symbolism? To avoid lawsuits of cultural exploitation? The
aboriginals seem to have no problem themselves in popularizing and
mass-producing all kinds of objects with dot-paintngs patterns. 

I do not know why the law came about, but i have always thought that
it was something to do with protecting and respecting cultural
beliefs -but it might have been strong lobby groups ;-)- sometimes
I’m a bit too hopeful about political motives. The " telling " ( by
making the image) of each particular Dreaming is a sacred right of
the tribe involved, how they wish to use it is up to them

I believe that artists, despite everything, should have a freedom
to express themselves 

I agree with you totally - in fact I think it’s part of the " job
description",

cheers, Christine in Sth Australia

When I was in Art school in Calgary the '60s I found a Buddah in a
shopping mall draped with ropes of fake pearls. I was only 18 and at
that time had no idea that I would be living in Japan for two years
or traveling across China.

I had seen pictures of Buddahs when I was 13 and had been so taken
with the images I began to wear my hair in a “Buddah cut” because
that seemed to be the closest I could come to understanding what the
spirals might mean. This entailed sectioning my hair into squares
and making, in the center of each, a perfect spiral which was well
coated with hair gel. This was held in place with a bobby pin until
it was dry. At that point, the bobby pins were carefully removed and
there were my neat spirals all over my head. This was in Northern
Saskatchewan, Canada where nary a Buddah statue had been seen by
anyone I knew.

Anyway, a few years later, in the Calgary shopping mall, I went to
the store manager and demanded that they place a statue of Jesus
beside the Buddah and cover it with pearls as well, and one of the
Virgin Mary too. The man looked at me, completely horrified, and said
he couldn’t even think of doing that. I asked him why he couldn’t
think that Buddah was a Holy Man, and that this was an image of
reverance, not a prop to sell things, and he began to understand. I
told him I’d come back the next day with Jesus and Mary to keep
Buddah company. I spent all night cutting them out of tin and
painting them (and really having fun making my first Holy Icons) but
when I brought them in the next day the display had (happily) been
changed.

You don’t have to corkscrew your hair, just go in and speak up. If
you have sacred images then you can stand up for everyone’s sacred
images. People who will use anything to create a “look” just because
they don’t know any better. Bottom line: they don’t want to loose
sales, so they will change it if they think they’ve lost a sale.

I’d probably say it more gently these days. I really believe that
people are relieved, after they think about it for awhile, to know
that some things ARE sacred.

Silani

Regarding the Jewelry and Cultural Property idea…I don’t see it
as a problem to use any symbol in my designs if they sell to those
that want them. I don’t attach much religious meaning to any of
it…by that I mean that I don’t see why someone should get
offended if say, a non christian wears a cross or a non Jew a star
of David. To me symbols are just that, symbols! They represent ideas
of faith or identity with a group. To attach more importance than
that to them, elevates them to “golden calf” status and they become
idol images in the religious sense and just plain taken too
seriously, when it comes to heratige or politics. If someone doesn’t
have a personal meaningfull connection to the meaning or importance
of any symbol then thats their loss. They may be ignorant, not care
or they may just like the design of whatever the item happens to be.
Its kind of like the party hardy rock star wearing a cross while
living a hedonistic lifestyle. For years it was common to see some of
these folks wearing a symbol that obviously didn’t match up to their
lifestyle. I say, who cares! If I get offended by that practice then
thats my problem. I also don’t believe I have to belong to a certain
group, nationality or religious gang to make use of common symbols.
If I use them to make an artistic statement or whatever, then it
becomes my artistic expression, nothing more. I believe that people,
whether they are culturally or religiously connected to their
symbols the symbols themselves actually only (represent) the
(invisible) belief or identity. To attach some mystical meaning or
power to the symbol itself, seems kind of misdirected. As far as
jewelry design is concerned specifically…I have made everything
from one end of the spectrum to another. If I personally don’t want
to make something because of my own convicitons then I will
respectfully decline the job. If I think there is a market for any
symbol or design I can live with, then I am all over it! I’m in the
business of making a living not making judgements on others beliefs
or getting worried about who thinks they own a symbol. They do in
fact own the personal identity or belief behind the symbol such as a
christian and the cross. Just don’t forget for example… in the
case of a cross it was a Roman instrument of torture and execution
before it became a religious symbol. I’m sure my comments might
continue the debate however these are just my opinions and I don’t
wish to offend. If I have, then please accept my apologies in
advance.

charles

There are certainly many different “cultural” uses of religious and
spiritual images, symbols, and icons. Some are for design purposes
only, some have a deeper significance or a philosophical connotation
attached. Obviously it is quite common in some societies to use the
religious paraphernalia of others in a purely decorative fashion.

I am responding to the mention of the display of a Buddha head in an
earlier post on this thread. Although I can’t say with any authority
that it is wrong for anyone to do this, I can say from a Buddhist
perspective that displaying only the head of a Buddha image is not
considered appropriate, even as a decoration.

There are a few reasons for this, first and foremost is that
displaying an incomplete Buddha image removes the use from being in
any way reverential to the historical figure being represented.
Buddhist persons don’t use depictions or images of the Buddha as
decorations. Usually they are placed on an altar and are afforded the
proper location in a room and an appropriate elevation above the
level of a seated person. They are used as a spiritual representation
of the philosophical ideals of Buddhism. Another more practical
reason is that a Buddha head is probably molded from a broken image
which more than likely was at some point stolen from a temple.

I know it is quite common to see Buddha heads in western usage as
decorations but it is considered disrespectful and uncomfortable for
Chinese and Thai practitioners. Likewise we don’t use the Buddha
image on clothing or tablecloths or seat covers or bedsheets or
towels, or on jewelry worn on the hands or feet.

Michael David Sturlin
www.michaeldavidsturlin.com

In my humble opinion “Cultural property” is as much a myth as many of
the stories behind the designs in question.

Invariably, anytime someone buys a piece of jewelry, pottery (you
name it) they are investing in a meaning for the work that
compensates for the difference in the purchase price and the real
value of the material from which the piece is made.

Designs are no more and no less than a collection of lines and
curves, positive and negative space, color, texture, and form. No
symbol is so sacred, no theme so revered that it cannot be explored
and redefined in countless ways.

Fortunately we live in a country, and in a society that protects and
reveres our rights to explore, celebrate, and even to mock whatever
cultural themes, values, or traditions we wish to dissect, interpret,
and reassemble according to our own will and vision.

How sad that so many in the world must live in fear of change, and
the free expression of ideas. Even sadder are those who enjoy the
freedom to do whatever they want, but presumptuously condescend to
suggest that others should walk a different path.

Albuquerque NM seems like a pretty swell place tonight. I’m sure glad
to be here.

Michael Rogers
M. M. Rogers Design
Albuquerque NM

Designs are no more and no less than a collection of lines and
curves, positive and negative space, color, texture, and form. No
symbol is so sacred, no theme so revered that it cannot be
explored and redefined in countless ways. 

I beg to respectfully differ. This strikes me as saying a human
being is no more that a few dollars worth of organic chemicals, and
can be treated as such. Even when this is arguably true (after
death), we don’t believe it. The whole is more than the sum of its
parts, and symbols (including words, after all) unquestionably have
meaning and power.

Probably the clearest example of the truth of this is the swastika.
This fairly universal shape, a good luck symbol among native
Americans, is so inextricably associated with evil that it can never
be explored or redefined in any way whatsoever. QED.

Surely there are infinate choices of themes and designs to work with
without trampling on the sacred symbols of other cultures.

Noel

Come to Santa Fe, or any soutwestern tourist town. There, you can
see Kokopelli, a fertility figure sacred to the Hopi, emblazoned on
every damn thing from toilet paper dispensers to ashtrays. To many
Hopi, it is beyond disrespecftul - it is as if, not being satisfied
with stealing their land, we are stealing their religion as well,
and desecrating it. 

OK wait a minute. I can’t let this go by.

No offense Lee, I know you’re passing on accepted convention.

Kopopelli is not original with the Hopi. The figure originally had a
hump and goes back to an image fom South America and perhaps
further. It is a hunchback and at one time it was considered good
luck to rub the hump. Weird huh! The hump was also portrayed as a bag
or sack (picture Santa with his sack) which contained presents; not
necessarily material presents, but immaterial gifts.

The image has been bastardized in the interests of “political
correctness”. So, it came to pass to get rid of the hump so as not
to offend anyone. And we now have this innocous immasculated
(figurative sense here) impotent figure of today.

Kevin Kelly

Man, what an interesting wellspring of discussion this thread has
sparked! Thanks to all who have responded - it sounds like many of us
have considered this issue at one time or another.

In all the responses, there have been several lines that have
particularly stuck in my mind:

in this country (Australia) it is not legal to produce any artwork
like aboriginal dot paintings, for example, unless you are one of
the aboriginal custodians of that particular "Dreaming" 
if you want to earn Native Americans' serious disdain if not
outright disgust, go ahead and co-opt their religious symbology.
Prayer wheels, dream catchers.....whatever 
I refuse to make [Scottish dirks and hand-and-a-half swords],
unless I can verify their heritage, then they aren't bargin basement
priced. 

There’s a law in the States that is somewhat similar to that
protecting Australian Aboriginal art: The Indian Arts and Crafts act
specifically prohibits non-native craftspeople from misrepresenting
their wares as having been made by a Native American. A fair enough
idea, but oddly (at least to me), this law was passed less to protect
Native craftspeople and their ideas, and more to protect the
non-native collectors who will pay top dollar for things wrought by
Indian hands.

I have been fascinated by Native American culture ever since my
parents took m e to the Alabama-Coushatta Reservation in East Texas
when I was about 6 years old. I feel that it should be the
responsibility of all Americans to learn at least a bit about the
aboriginal peoples of the land on which we live, and as part of that,
I’ve been doing beadwork since I was 12 or 13 and porcupine quillwork
since I was 14. I don’t copy old designs, just as I wouldn’t copy a
piece of jewelry by another artist, but I do pieces that try to
capture the aesthetic of a particular place, time, and culture. The
few Native Americans that I have had the pleasure to get to know have
been delighted to find that I am doing these things, and generally
happy to share what they know and “talk shop” about it.

In fact, I was actually taught to make dreamcatchers by a Native
American woman who came to our high school as part of an
interdisciplinary program. She taught us about the history and
significance of the dreamcatcher, and many of the students in my art
class made their own. It seemed like it was just a few years later
that dreamcatchers were suddenly everywhere, being sold as jewelry
and hanging from rearview mirrors. Many of these dreamcatchers were
being made by Indians for sale to non-natives, and most of those
Indians were not Ojibwe (Anishinabe), to whom the dreamcatcher
originally belonged. Similarly, the feather bustles that were once
specific to the tribes of the Northern Plains are now de rigueur for
fancy dancers of all tribal backgrounds.

All Native Americans are free to wear Western clothes, drive cars,
and incorporate basketball and Looney Tunes motifs into their powwow
outfits. Some Maori carvers have combined Celtic motifs with their
own designs in traditional jade and bone carvings. If cultural
diffusion flows freely between native tribes, and from
whites/non-natives to native people, why then is it not allowed to
flow in the other direction?

In my mind, to say that one person may do/make/have a thing, but
another person cannot, because they do not have the right blood
quantum or “pedigree,” is racist.

no symbol is so sacred, no theme so revered that it cannot be
explored and redefined in countless ways. 

Well put. But that doesn’t make the wicket any less sticky.

Best to all,

Jessee Smith
www.silverspotstudio.com
Cincinnati, OH

I can easily see the issue about “sacred” images. But what about
things less sacred? For instance I have a book of Celtic patterns
including some very clever knots. I have often thought of pulling
some gold or palladium wire into some of these knots and making that
the centerpiece of a necklace made of solid wire. Or what about
runes? Not too many pagans likely to complain around these days.
Mayan art can inspire.

While obviously its fraud to claim native origin, but am I to assume
it would be wrong to make a Mayan calendar or Tibetan Mandela from
carving or intarsia unless I’m Mayan or Tibetan?

Yeah, it looks bad to see cultural symbols or copied artifacts at
tourist shops and the like… The copyright just may have run out
on those one or two thousand year old images… I’m just kidding
about the “copyright” but at some point these images become “fair
use”. Maybe after two thousand years?

Even with sacred images in mind, such as the crucifix I would resist
thinking that only Catholic or Christian jewelers could make that
design!

Shall we define “fair use” like music?

Daniel Ballard

Noel

Probably the clearest example of the truth of this is the swastika.
This fairly universal shape, a good luck symbol among native
Americans, is so inextricably associated with evil that it can
never be explored or redefined in any way whatsoever. QED. 

The way that the swastika was made ‘evil’ was by reversing the
design. The native peoples that used it in the past as a good luck
symbol had it going the other way. The nazi’s turned it around which
thus produced a negative of a good symbol.

Karen Bahr
Karen’s Artworx

comparative mythology. Right now, though, I'm in a bit of a
moral pickle because I want to make a hei-tiki to add to my line. I
mean, *really* want to...I have modified the design of an old
original carved from human skull bone, and I love this thing. I'm
fascinated by the history and living culture of the Maori and the
significance of the hei-tiki. My quandary is this: I don't want to
offend any Maori people, and I don't want to be accused of
"stealing" or exploiting anyone's culture. 

I do not have Maori ancestry that I know of, but I am a New
Zealander. I can guarantee that you will offend a large chunk of
Maori people if you did do this. -I even felt upset and I’m not
usually that sort of a person. Of course it’s up to you whether you
do or not -highly unlikely anyone would be able to stop you.

I was guessing you were thinking of making this from silver? A metal
tiki wouldn’t feel right at all to me. Maybe it’s so different from
the original it doesn’t matter as much. I think if you say “inspired
by” rather than “is” it would be better.

I also think there is a big difference in borrowing from well
established larger cultures, vs borrowing from a small group that is
struggling to maintain its identity and culture.

Andrea

True the Hopi have engulfed as Much of the Zuni and visa versa in
interractions over the centuries. The First Nations cannot say we
have not influenced them for sure. I am not sure it was a good
thing, but indeed we had impact on them.

So as it is said nothing is new it’s all been done before…the art
is in how you present or represent the ideas as an individual.

That is why I say be true to yourself.

Teri
Silver & Cameo Heritage Jewelry
www.corneliusspick.com

The way that the swastika was made 'evil' was by reversing the
design. The native peoples that used it in the past as a good luck
symbol had it going the other way. The nazi's turned it around
which thus produced a negative of a good symbol. 

For what its worth, I have to disagree with this post. According to
the immediately available to me, the reversed swastika
was used long prior to Hitler’s use, in Mesopotamia it appears on the
pubis of the great Semitic goddess Ishtar and was linked with female
generative power, in China the reversed swastika is a yin symbol -
Hitler didn’t use it until August 1920 when it first appeared on the
Nazi banner.

The swastika is a very old ideogram. The first examples are found in
Sumeria and in earlier cultures that existed in what is now Pakistan
about 3000 BC. It was used BC in China, India, Japan and Southern
Europe, among the Hittites in Greece and did not appear in the Nordic
countries until after the birth of Christ.

The swastika can rotate in either direction. Swastika in Sanskrit
means well-being or positive being…both signs are found in
pre-Columbian America. A search of any dictionary of symbols will
turn up a wealth of regarding this ancient and widespread
symbol.

:slight_smile: Kimmyg

I make those celtic knots haven’t had anyone come and tell me yet
they were insulted by my celtic jewelry. heh

I don’t make kokopelli for sale I carved myself a cameo, but to me
kachinas are personel expression. When I see those stamped ones
without soul it makes me cringe.

Teri
Silver & Cameo Heritage Jewelry
www.corneliusspick.com

The way that the swastika was made 'evil' was by reversing the
design. The native peoples that used it in the past as a good luck
symbol had it going the other way. The nazi's turned it around
which thus produced a negative of a good symbol. 
  The swastika is ancient, appearing in many cultures ( Hindu,
  Buddhist, Viking, Peruvian) with the arms facing in either
  direction. The version with its crampons facing left was called
  the Sauvastika, the 4th of the 65 auspicious signs on the
  footprint of Buddha. (The right-facing version is the first.)
  The name derives from Sanskrit. It has a long and rich history
  employed as a lucky, beneficial symbol. Derivative symbols,
  including the "mirror of Venus", Greek "Tau", and Christian
  cross(es) were said to evolve from the same source, the Aryan,
  or Vedic sun or fire worship. 

  [source: Outlines of Chinese Symbolism & Art Motives by C.A.S.
  Williams. 3rd revised edition. Dover publ.] 

Of course, in relatively recent times when co-opted by the Nazis,
it’s original meaning was perverted, something to which symbols are
vulnerable, by definition. I can certainly think of a few others…

One of the most intriguing things to me in my research of symbols,
or the symbolic power assigned to objects - e.g. - is that
their use and meaning can cut across barriers of geography and time,
appearing in multiple cultures, sometimes serendipitously (Peru?). I
consider that an affirmation of the higher aspects of connection
humans share as residents of the planet. It seems to me, therefore,
that informed, respectful ( the operative words, IMHO) application of
symbols in one’s art is a reasonable, even organic extension of a
practice that dates back to the first humanoid who wore a shell or
drew a picture with a stone on the wall of a cave.

margery epstein
storyjewels

I am about a week behind so sorry if I am repeating anyone else’s
answer on this topic.

In regards to the below which I copied out of Ruslana’s post:

it is not legal to produce any artwork like aboriginal dot
paintings, for example, 

why is that? Is it so that aboriginals can profit directly from their
symbolism? To avoid lawsuits of cultural exploitation? The
aboriginals seem to have no problem themselves in popularizing and
mass-producing all kinds of objects with dot-paintngs patterns.

I am not aboriginal but when I did honours I studied with students
from the aboriginal visual art course and also now work in a
government department that provides funding to indigenous housing
organisations. You need to understand that aboriginal people
themselves have to follow protocol to be allowed to use their own
traditional symbolism. Aboriginal people that have been alienated
from their tribal lands (stolen generation) face extreme difficulties
when they go back to their land and ask their elders for permission
to participate in the traditional culture and to paint in the
traditional way. The reason they face such difficulties is mis-trust
because “white fellas” have stolen so much from them… so, when
someone comes along, a child of the stolen generation, or off-spring
of a child from the stolen generation it is very difficult for those
who have stayed on the traditional land to trust them to completely
respect the tradition and not to behave like the “white fellas” they
were brought up by.

When you know that aboriginal people themselves are not allowed to
violate the traditions why should it be open slather to everyone else
in the world? These things are sacred and all that these people have
left to hang onto from their past.

In answer to the statement that aboriginal people themselves have no
problem with popularizing and mass-producing all kinds of objects
with dot paintings I think you have to ask who is exploiting what…
or who? Do you know that there are a great number of aboriginal
people living in regional areas still living in extreme poverty? Do
you know that many of the regional communities still don’t have, or
haven’t had until very recently, basic infrastructure such as running
water, electricity, sewerage systems and waste collection? Do you
think people who are desperately poor won’t use whatever means they
have to to make a bit of money? There are no real jobs for black
people in these regional communities - the large majority of those
fortunate to have a job actually work under a government scheme -
basically they do volunteer work and the government pays them a
meagre wage to do so. So imagine that someone comes into a community
and offers a group of aboriginal people the chance to make some money
in exchange for decorating some items for export… do you think
they have a lot of choice in the matter? I don’t know where these
items get painted but it doesn’t matter much because there are plenty
of aboriginals living in desperation in the cities too.

I think if all was fair and even that this mass production dot
painting of items would never exist. I can’t speak as an aboriginal
person but from all that I do know I cannot imagine that the elders
from any community would advocate this. We are talking about a group
of people who were violently torn from their lands, killed, tortured
and enslaved, and the wounds are still open and gaping… Until the
white fellas show some respect the wounds will not heal… and I for
one really think that this extends to white fellas everywhere… and
in fact, people of any skin colour anywhere - if something is sacred
to a people and it is all they have and they have made it clear that
it is to be kept amongst the traditional owners of the culture then
don’t question it, respect it.

I am only speaking for Australian Aboriginal culture - I won’t enter
the argument on the topic in general about cultural property.