Proposal to Extend Copyright Law to Cultural Appropriation Claims

University of Miami law professor J. Janewa Osei-Tutu argues that current copyright law fails to protect “intangible cultural heritage” and proposes a “cultural personality right.” The right would shield cultural identities from commercial exploitation, apply only to commercial use, and allow groups to be “self-defining” without public knowledge.

The College Fix

Osei-Tutu cites fashion brands Timbuk2 and Louis Vuitton for marketing designs based on ethnic symbols without consent, Comme des Garçons for cornrow wigs, and Stellantis’s 2023 decision to stop using “Cherokee” on its Jeep after Cherokee Nation talks. These examples illustrate gaps in existing intellectual-property protection.

Jonathan Turley

If enacted, cultural personality rights would let groups license or block commercial use of cultural symbols, spawning “endless lawsuits against creators and companies.” Osei-Tutu also seeks “international recognition of this right,” raising diplomatic stakes. Critics warn it could curb artistic expression.

Jonathan Turley

Osei-Tutu stresses that “the group can be self-defining and it is not necessary for the public to have knowledge of the group.” She notes “questions regarding freedom of expression, which go beyond the scope of the current Article,” framing the paper as a “theoretical justification.”

Jonathan Turley

Commentators argue the proposal introduces “subjective or self-defining standards” into law, risking “viewpoint intolerance” and “speech regulation.” They contend that extending copyright to cultural appropriation “would blow apart the copyright laws” and could be used to “control the use of one’s cultural heritage,” limiting creative freedom.

Jonathan Turley

Sources differ on the Jeep Cherokee name: one reports a 2023 cessation after Cherokee Nation negotiations, another notes a 2026 Jeep Cherokee model will be marketed. The proposal also lacks concrete definitions of scope, enforcement mechanisms, and verification of “self-defining” groups.

The College Fix

• “Fashion houses and brands, such as Timbuk2 and Louis Vuitton, have designed and marketed clothing based on traditional ethnic clothing styles or symbols, or named their fashion lines after established cultural groups. This is often done without the knowledge, consent, or involvement of the cultural group. Unlike brands such as Coca Cola, Nike, or Apple, or Taylor Swift, these cultural identities and their corresponding cultural heritages are perceived as belonging to no one and therefore free for anyone to take and monetize.” — J. Janewa Osei-Tutu, Professor, University of Miami

Jonathan Turley

• “not necessary for the public to have significant knowledge of the group.” — J. Janewa Osei-Tutu, Professor, University of Miami

The College Fix

• “[q]uestions regarding freedom of expression, which go beyond the scope of the current Article.” — J. Janewa Osei-Tutu, Professor, University of Miami

Jonathan Turley

Osei-Tutu suggests the framework could be pursued if Democrats regain congressional control and urges international bodies to recognize cultural personality rights, indicating future legislative and diplomatic initiatives.

Jonathan Turley