Running head: APPRECIATION VS APPROPRIATION 1

Appreciation Versus Appropriation: What Constitutes Cultural Appropriation and How Can It

Be Prevented?

Grace E. Bozeman

Legal Studies Academy

First Colonial High School

APPRECIATION VS APPROPRIATION 2

Abstract

This research paper will detail cultural appropriation and analyze the topic in depth within

different categories. The author will illustrate where cultural appropriation is found, what

influences cultural appropriation, and how cultural appropriation can develop into stereotypes.

This paper will also delve into the lack of protection for indigenous groups and highlight the few

laws and court cases related to cultural appropriation. This paper will emphasize the difference

between cultural appreciation and cultural appropriation; the line is blurry, but this paper will

define the difference clearly.

APPRECIATION VS APPROPRIATION 3

Appreciation Versus Appropriation: What Constitutes Cultural Appropriation and How Can It

Be Prevented?

The headlines are present: “Fashion label Gucci faced backlash from the Sikh community

earlier this year when it sent white (non-Sikh) models down the runway wearing turbans”

("Chanel's $2,000," 2017)​. What is also present? The stereotypes and the lack of compensation

for cultural groups as a result of the profits going solely to exclusive, noteable brands. Can a

person who is raised in an area that is racially or ethnically different than them be influenced by

the races or ethnicities surrounding them? Is this considered cultural appropriation? Because

America is a melting pot of different ethnicities and races, what constitutes cultural appropriation

lies in a very large grey area. Using a feature or characteristic of someone’s culture

inappropriately or out of context is cultural appropriation (Nicholas, 2018). Cultural appreciation

is when a characteristic or feature from someone’s culture is honored, respected, and valued.

This means cultural appreciation requires the person wearing the piece to have knowledge about

the clothing or item being referenced (Fragoso, 2016). The current trend of cultural appropriation

threatens to not only create division but also endangers the advancements of indigineous groups

fighting against cultural appropriation because of the lack of education and sensitivity by

producers, designers, and artists.

Where is Cultural Appropriation Found?

Cultural appropriation is nothing new to society. Sometimes overlooked, cultural

appropriation can be found in our daily lives whether exposed by critics or by simply scrolling

through the Internet. Whether at a museum, in a fashion show, on a celebrity, or even on one’s

tv, cultural appropriation is apparent and relevant.

APPRECIATION VS APPROPRIATION 4

Art

An artist’s exhibit must be appealing to the eye, but should be factual and provide the

visitor with an opportunity to learn. Museums are the ideal platform to suppress the conflict

between facts and stereotypes. The Smithsonian National Museum of the American Indian’s new

exhibit, “Americans,” is controversial, yet informative. The exhibit provides entertainment to the

visitors, but forces them to think about the past. “Americans” provides galleries of objects and

photos that are associated with the American Indians and the colonists. The exhibit portrays the

enduring impression American Indians contributed to daily life and how they still contribute

today (Ganteaume & Chaat, 2018). The public is accustomed to seeing symbols found in the

exhibit everyday, but have no knowledge as to what the meaning of the cultural symbol or object

may be. This is when it becomes cultural appropriation; when one doesn’t know what the

meaning of the symbol, pattern, object, or piece is, yet one uses it freely. Because the person is

not informed, one creates this idea in their head which, as a result creates further stereotypes

(Cunniffe, 2018).

The Plains Indians: Artists of Earths and Sky is an exhibit in the Metropolitan Museum.

The exhibit consists of numerous pieces of Indian art “from ancient stone sculptures made before

European contact” (Ostrowitz, 2015) to more modern pieces including paintings and even videos

(Ostrowitz, 2015). It is not rare for critiques to expose a new exhibit to the media before the

public views the exhibit. This is especially true for Native American exhibits. The problem is

this: for years Native Americans were oppressed and misrepresented; by opening a new display,

the artist may, by accident or on purpose, add an English spin to the piece or story (Regan,

2015). Following in his father’s footsteps, Native American curator Joe Horse Capture continues
APPRECIATION VS APPROPRIATION 5

to protect Native Americans and preserve their history. Capture was dissatisfied with the thought

that the creators of the exhibit did not communicate with a Native individual or group when

creating the exhibit. If a Native group was contacted, many issues could have been avoided

within the exhibit (Indian Country Today, 2015). For example, Native Americans use pipe bowls

with stems for prayer. Prayer begins when the pipe and stem are brought together. Most Native

Americans keep the pipe bowl and stem separate unless they are praying; however, in the catalog

of the new exhibit, the two pieces are together. Horse Capture believes if a Native group or

individual was consulted, the misrepresentation of this cultural practice would have been

avoided, along with other avoidable inaccuracies (Indian Country Today, 2015).

Fashion

The fashion industry is an industry where cultures have been celebrated and interchanged

throughout history. As a result, fashion has evolved and changed to be more inclusive of all

cultures, religions, and races. Using a cultural design for inspiration, while knowing the meaning

and importance of the piece, is something that is encouraged; however, “borrowing from other

cultures becomes problematic when historical context and cultural sensitivities are ignored”

(​Khopkar, 2018​). Appropriation of Native American’s has been around for decades and their

controversial headdresses have made headlines. Younger generations believe they appear

culturally aware and culturally sensitive by wearing Plains' Indian headdresses; however,

because they are uneducated, their efforts to appear appreciative become insensitive and

disrespectful. The headdress is made of eagle feathers and worn by chiefs to display their

dominance and honor. “Many hipster subculture members wear the Plains’ Indian Native
APPRECIATION VS APPROPRIATION 6

American headdress in a highly sexualized manner, which perpetuates stereotypes of Native

women and strips the headdress of its spiritual significance” (Wood, 2017, p. [Page 1]).

When creating a piece using a cultural symbol or design, collaboration with a person

from the cultural group will help prevent cultural appropriation and emphasize the designers

appreciation for the culture being presented. Aboriginal Australians are a group of indigenous

Australians who lived in Australia before British colonization. The Aboriginal people were

treated poorly by the British and faced many hardships imposed by the British. Mr. Farmer is an

Aboriginal artist from south-west West Australia who was given the opportunity to work with

Jimmy Choo to produce shoes with his artwork on them. Professor Choo chose Mr. Farmer’s

work which holds a spiritual meaning to the Aboriginal Asutralians. This was the first time a

couture designer created a piece in collaboration with an indeginious group ​(Pancia, 2017).​ By

collaborating with Mr. Farmer, Professor Choo eliminated any possibility of cultural

appropriation and displayed his appreciation for the Aboriginal culture.

Advertisement

“Sauvage” is defined as wild or savage. It is also a racial slur for Native Americans

(Moye, 2019)​. Dior produced a teaser trailer for their new perfume, Sauvage, which featured a

Native American dancer, wearing traditional Native American wear performing the Fancy War

Dance on top of a mesa. Another woman appears later in the trailer wearing a wolfskin and plays

the guitar ​ ​(Friedman, 2019).​ The French company claimed their perfume trailer celebrated

indigenous culture, but viewers still harshly analyzed the trailer. Native Americans are outraged,

not only at the advertisement, but at the name of the perfume too ​(Moye, 2019)​. A campaign

group for Indigenous groups, Americans for Indian Opportunity, worked with the production set
APPRECIATION VS APPROPRIATION 7

for the perfume’s trailer. The organization claims their main objective was to educate everyone

on set, not control what was produced. Dior apologized for the mistake and removed the video

from the Internet; however, the perfume can still be found online and in some stores with the

“Sauvage” name ​(Friedman, 2019).

Because fashion and advertisement are so closely related, what is cultural appropriation

in fashion becomes cultural appropriation in advertising. The problem with the Dior

advertisement is not only the advertisement in itself, it is the concept that high-end companies

apologize for their actions and then do it again, thus creating a never ending cycle. The

November before the Dior trailer was released, Dior released a campaign starring Jennifer

Lawerence for their pre-spring collection. Lawerence appeared in clothes resembling the

Mexican escaramuza (​Friedman, 2019). Mexican escaramuza is an all female sport that consists

of riding horses. Females are found wearing traditional Mexican wear including sombreros,

dresses, and accessories. ​Just like Dior, many other companies culturally appropriate designs or

expand stereotypes by not educating themselves and continuing to make the same mistakes. If

the companies would simply collaborate with the cultural group they pull inspiration from and

are appreciating, issues like expanded stereotypes and uneducated use of symbols or designs

would be eliminated.

How Does Cultural Appropriation Develop Into Stereotypes?

Designers find inspiration everywhere and the practice of exchanging and using other

cultures is a positive way of learning more about each culture. This practice becomes negative

when there is a divide between the value of the culture and the value of the people within that

culture ​("Chanel's $2,000," 2017)​. When this divide appears, the culture and the people are
APPRECIATION VS APPROPRIATION 8

negatively categorized and thus develops a stereotype. For example, Kim Kardashian released a

shapewear brand in June 2019 originally called Kimono Solutionwear (Amatulli, 2019). The

brand name was not inspired by the Japanese kimono, but rather inspired by Kim’s own name;

however, that didn’t stop the critics or Kyoto’s Mayor, Daisaku Kadokawa. The Mayor wrote,

“[The kimono] is a fruit of craftsmanship and truly symbolizes sense of beauty, spirits, and

values of Japanese,” ​(Amatulli, 2019)​. The brand name indirectly compared the loose-fitting, silk

kimono to the skin tight shapewear. In addition to the misrepresentation of cultures, the “failure

to consult, collaborate and at the very least consider cultural context means that designers and

individuals run the risk of reinforcing damaging stereotypes” ​("Chanel's $2,000," 2017)​. By

consulting the cultural group one is using for inspiration, the chances of increasing stereotypes

reduces. The consultation could proves the designer’s attempt to learn about the cultural piece

and would portray the cultural piece in a positive way. Collaboration with the cultural group

would not only ensure positive portrayal, it would also provide the culture with some sort of

profit considering most of these groups are below standard money-wise. Sensitivity is very

important when designers create pieces and can prevent the development of stereotypes. When

designing pieces related to indigeneous culture, extra sensitivity and caution is necessary. This

idea is a result of the oppression, rejection, and assimilation the indigenous cultures went through

in the past (Khopkar, 2018). Avoiding cultural appropriation and enhancing stereotypes is

simple: recognize the piece being honored by learning about the significance of the piece.

​ ​Campaigning Groups

Designers, artists, and musicians find inspiration everywhere. Intentionally or

unintentionally, designs or prints may be copied with no regard for the true meaning of the piece.
APPRECIATION VS APPROPRIATION 9

There are different groups campaigning against cultural appropriation in order to receive

compensation for their designs and bring awareness to the true meaning of their pieces.

The Maasai Campaign

According to Sarah Young, the Maasai tribe migrated to Kenya and Tanzania in the 17th

century with the majority of the tribe still living there today. Despite the millions of dollars

companies are pocketing as a result of their traditional print, the Maasai tribe has received

nothing with most of the tribe still living in poverty. Similar to a flannel design, the Maasai

Shuka is an African blanket that consists of various shades of red and blue in a grid pattern. The

print has been used numerous times in articles of clothing. Because the print is used by mostly

high end designers, the print creates a hierarchical feel to the consumer (Young, 2017). The

Maasai Intellectual Property Initiative (MIPI) was created by the Maasai tribe about ten years

ago to protect their culture and force producers to apply for a license to use their design. This

allows the Maasai to explain the importance of the Maasai Shuka to the designer and notifies the

Maasai that their design is being used. The MIPI’s “next actions are to secure licensing revenue

to support the Maasai community in health, education, and in buying back water rights and rights

to grazing land to sustain the culture” (Light Years IP, n.d.). In 2012, just three years after the

MIPI was created, Louis Vuitton produced their spring/summer collection with products covered

in the imitated Maasai Shuka’s print. The Maasai received none of Louis Vuitton’s profit and

have not been compensated for their contributions. There are many tribes like the Maasai who

are making no profit off of their own pieces and designs while corporations and companies are

receiving all of the profit. “It’s calculated that about 80 companies are currently infringing and
APPRECIATION VS APPROPRIATION 10

that the Maasai people should be collecting $10 million in licensing fees annually” ( Livni,

2017).

Nunavut Family Brings Attention to Cultural Appropriation

In the 1920’s, Ava, an Inuit shaman, designed a parka made out of caribou skin to protect

his spirits. A shaman is someone who can access and influence spirits. Ava predicted he was

going to drown, so he created a design which represented protection consisting of hands on the

chest and a small man in the middle of the parka. Awa, the shaman’s great-granddaughter,

discovered a high-end European brand, Kokon To Zai, replicated the parka’s design and

produced the design on a sweater (CBC Radio, 2015). Awa believed the design was not original

and was copied after the shaman’s parka. After all, her great-grandfather was published in books,

photos, and found in films. Awa reached out to Kokon To Zai which resulted in the removal of

the sweaters from sales and an apology. The sweater was being sold for $925, with Awa’s family

receiving none of the profit (CBC Radio, 2015).​ ​The problem with using a tribal design such as

this one is not only the compensation, but the disregard for the meaning of the cultural piece.

Large scale companies do not understand the importance of the pattern or piece they are selling

and fail to present the meaning to the consumer when it is bought.

The Mixe Campaign

Fashion designer Isabel Marant came under fire after producing a blouse similar to a

traditional blouse native to an idegenious group. The garment, the ​Tlahuitoltepec blouse, is

created by women in the ​Santa Maria Tlahuitoltepec community. The blouse is white with a

multi-color design on the chest and shoulders. The community requested damages from Marant;

however, they did not know there was a legal dispute going on between Marant and Antik Batik,
APPRECIATION VS APPROPRIATION 11

another fashion designer, over the ownership of the design at the time​ ("Crimes of Fashion,"

2016). ​The blouse, which is normally 300 Mexican pesos, was being sold for 200 Euros, or 4,500

Mexican pesos. The Mixe people were being robbed of profit on a design that they created. The

Mixe threatened to take legal action if either designers failed to halt legal pursuits over the

ownership of the design. If either designer was successful in obtaining a patent, the women of the

Santa Maria Tlahuitoltepec community would have to pay the patent owner for use of the design

they created. The community invited Marant to visit to learn about the Mixe culture, the meaning

of the blouse, and the generations the ​Tlahuitoltepec blouse has been passed through (Larsson,

2015). The idea that “a designer ​could potentially patent material culture of indigenous

community would result in a major setback for the indigenous intellectual property movement”

(“Crimes of Fashion," 2016).

Governing Cultural Appropriation

As of right now, there are no laws governing cultural appropriation. There are numerous

laws that could apply to cultural appropriation; however, most laws are too specific and can’t be

interpreted to defend cultural appropriation.

Intellectual Property Laws

Intellectual Property (IP) protects work by regulating and providing incentive to

producers. IP laws must be directly stated in a state statute to protect designs (Cornell Law

School Group, n.d.). Under the IP law umbrella is copyright law, trademark law, and patent law.

Copyright law is the legal right to exclusively sell a product. The Copyright Act spans a wide

variety of topics including design, arts, music, and more. Any form of original expression is

within copyright jurisdiction (Cornell Law School Group, n.d.). At first glance, copyright can be
APPRECIATION VS APPROPRIATION 12

used to protect cultural pieces, but there is one key term in the definition of copyright, and that is

originality. Most cultural pieces have been around for generations, leaving the pieces modified

and as a result, not original. Instead of protecting the cultural pieces on standing of originality,

cultural pieces could be protected using copyright on the foundation of creativity (B. Vezina,

personal communication, November 6, 2019). “With regard to copyright law, it is mostly

originality, limited duration, fixation requirement, authorship, ownership and exceptions and

limitations that are at odds with the kind of protection that traditional cultural expression holders

seek” (B. Vezina, personal communication, November 6, 2019).

The Indian Arts and Crafts Act of 1990

Truth in advertising laws ensure that all advertisements are “​truthful, not misleading, and,

when appropriate, backed by scientific evidence” ​(Federal Trade Commission, n.d.)​. The Indian

Arts and Crafts Act is a truth in advertising law.

The Act prohibits misrepresentation in the marketing of Indian arts and crafts

products within the United States. It is illegal to offer or display for sale, or sell

any art or craft product in a manner that falsely suggests it is Indian produced, an

Indian product, or the product of a particular Indian or Indian tribe or Indian arts

and crafts organization, resident within the United States ​(US Department of the

Interior, n.d.).

This Act protects any Indian art or craft that was produced after 1935 and prevents the sale of an

art or craft that is not created by Indians. The Indian Arts and Crafts Act is difficult to use when

defending cultural appropriation not only because the item cannot be modified or modernized,

but also because most designers don’t claim the product as being “Indian produced.”
APPRECIATION VS APPROPRIATION 13

Lawsuits and Court Cases

Navajo v. Urban Outfitters. ​The US Indian Arts & Crafts Act of 1990 outlines that it is

illegal to sell any product that incorrectly suggests it is made by an Indian tribe. When Urban

Outfitters labelled their products as Navajo, they violated the Act as a Navajo tribe member did

not design nor produce the products (Indian Arts and Crafts Board, n.d.). The Navajo tribe

trademarked their name “Navajo” in 1943. Since then, they have over 86 trademarks on things

from clothing to food. The Navajo is suing Urban Outfitters for breach of trademark by labeling

products including clothing, earrings, and underwear with the name “Navajo” and for violating

the Indian Arts and Crafts Act for selling products labelled “Navajo.” The tribe asked for all

Navajo labelled products to be removed from shelves and online as well as “[wanting] all the

profits generated from the Navajo-themed sales. On others, it wants $1,000 per day per item, or

three times the profit generated by marketing and retail of products using the name” (TFL,

2016). Urban Outfitters and the Navajo tribe agreed to settle for an unknown amount of money

and to create a line of Native American jewelry to sell (Smith, 2016).

“Hakuna Matata.” ​The Swahili phrase “Hakuna Matata” has always been common in

parts of Africa, but become more popular after the Disney movie “The Lion King” was released.

Disney trademarked the phrase; however, the company does not own the phrase meaning the

trademark only prevents the intent to sell clothing and shoes to protect Disney’s brand. The

trademark has failed to prevent the selling of clothing with “The Lion King” characters and

scenes and continues to diminish the Swahili people (de Freytas-Tamura, 2018). One may

assume the phrase “Hakuna Matata” came from “The Lion King” which diminishes the Swahili

people and their culture. Shelton Mpala created a petition on Change.org titled, “Disney robs
APPRECIATION VS APPROPRIATION 14

Swahili of ‘Hakuna Matata’.” The petition begins with, “Join us and say NO to DISNEY or any

corporations/individuals looking to trademark languages, terms or phrases they didn't invent”

(Mpala, n.d.). Mpala continues throughout the petition to emphasize the disrespect by Disney at a

time of such division. By trademarking a phrase Disney did not invent, the company is not

infringing on intellectual property laws, but simply hurting a group of people who the phrase,

“Hakuna Matata,” is native to. “The Lion King” is a movie about unifying and embracing

different people, yet by trademarking the phrase, Disney depleted the meaning of those values to

the Swahili people (Mpala, n.d.).

Plesner v. LVMH. ​Nadia Plesner is a 38-year-old Dutch artist who brings attention to

the crisis in Darfur using her artwork. In 2008, Plesner produced t-shirts of a starving African

boy holding a Chihuahua and a replica of Louis Voittun’s famous Audra bag. Plesner wanted to

bring attention to the idea that other countries focus most of their attention on celebrities and

designers, instead of crises in the world. The profit from the t-shirt sales went to donations to

help the people living in Darfur. Louis Voittun sued Plesner on the basis of copyright, resulting

in the termination of Plesner’s t-shirt sales (Weaver, 2011). In 2011, Plesner produced a piece of

artwork titled, “Darfurinca.” The artwork consists of the starving African boy holding the

chiuaua and the Audra bag from 2008. Plesner explains her painting as one that depicts the

contrast between Hollywood headlines and the nonexistent headlines about the genocide in

Darfur (Weaver, 2011). Louis Voittun sued Plesner with a cease and desist order after the

painting was displayed at an exhibit. Plesner defended the painting claiming artistic expression.

She further defended her artwork asserting the Louis Vuitton bag did not present any commercial

value, but simply added to the significant meaning of the artwork. The Court of the Hague sided
APPRECIATION VS APPROPRIATION 15

with Plesner declaring the illustration lawful and not hindering Louis Vuitton’s rights. The court

defended their decision further stating, “[the painting] generated additional attention for her

"Darfur" themed exhibition,” (Lovells, 2011).

Analysis of Laws and Court Cases

Copyright law could be used to protect cultural expressions; however, the gaps that are

present prevent many IP laws from being used. According to Ms. Vezina, in order to protect

cultural expressions, a new law must be enacted (B. Vezina, personal communication, November

6, 2019). Furthermore, the rulings in each case tend to side with the cultural group that is suing.

No matter how many headlines, news articles, or court cases there are, cultures are not entirely

protected until there is a new law.

Conclusion

The problem with using tribal prints with meaningful origins is not only the

compensation, but the disregard for the meaning of the cultural piece as well. Large scale

companies do not understand the importance of the pattern or piece one is using and fails to

present the meaning to the consumer when it is bought. According to Brigette Vezina, “the main

issue [in regard to cultural appropriation] is the attack on the identity of the holders” ​(B. Vezina,

personal communication, November 6, 2019)​. ​In order to prevent cultural appropriation and

move to a society that appreciates different cultures is to be aware of the piece one is using,

respect the culture of the piece, acknowledge the source, and collaborate with the group being

referenced to establish a positive relationship. By preventing cultural appropriation, the cultural

group will be awarded credit and producers and consumers will be educated.
APPRECIATION VS APPROPRIATION 16

References

CBC Radio. (2015, November 25). Nunavut family outraged after fashion label copies sacred

Inuit design. Retrieved December 4, 2019, from CBC website:

https://www.cbc.ca/radio/asithappens/as-it-happens-wednesday-edition-1.3336554/nunav

ut-family-outraged-after-fashion-label-copies-sacred-inuit-design-1.3336560

Chanel's $2,000 boomerang sparks complaints and confusion from Indigenous Australians.

(2017, May 16). Retrieved December 16, 2019, from

https://www.abc.net.au/news/2017-05-16/chanels-$2000-boomerang-sparks-aboriginal-a

ppropriation-claim/8531496

Cornell Law School Group. (n.d.). Copyright. Retrieved September 30, 2019, from Legal

Information Institute website: https://www.law.cornell.edu/wex/copyright

Cornell Law School Group. (n.d.). Intellectual property. Retrieved September 26, 2019, from

Legal Information Institute website:

https://www.law.cornell.edu/wex/intellectual_property

Crimes of Fashion: Intellectual property and indigenous dress. (2016, April 13). Retrieved

December 6, 2019, from Glocal Notes website:

https://publish.illinois.edu/iaslibrary/2016/04/13/crimes-of-fashion/

Cunniffe, E. (2018, January 23). American Indian museum tackles challenging issue of cultural

appropriation. Retrieved November 4, 2019, from Nonprofit Quarterly website:

https://nonprofitquarterly.org/american-indian-museum-tackles-challenging-issue-cultura

l-appropriation/
APPRECIATION VS APPROPRIATION 17

de Freytas-Tamura, K. (2018, December 20). Hakuna matata™? Can Disney actually trademark

that? Retrieved December 2, 2019, from The New York Times website:

https://www.nytimes.com/2018/12/20/world/africa/hakuna-matata-disney-trademark.html

Federal Trade Commission. (n.d.). Truth in advertising. Retrieved from

https://www.ftc.gov/news-events/media-resources/truth-advertising

Friedman, V. (2019, September 13). Dior finally says no to sauvage. Retrieved December 12,

2019, from The New York Times website:

https://www.nytimes.com/2019/09/13/style/dior-sauvage-cultural-appropriation.html

Ganteaume, C., & Chaat, P. (2018). ​Americans​ [Museum Exhibit]. Smithsonian National

Museum of the American Indian.

Han, H.-C. (. (2019). Moving from cultural appropriation to cultural appreciation. ​Art Education;

Reston,​ ​72(​ 2). March2019

Indian Arts and Crafts Board. (n.d.). The indian arts and crafts act of 1990. Retrieved November

7, 2019, from US Department of the Interior website: https://www.doi.gov/iacb/act

Indian Country Today. (2015, April 26). Horse Capture: 'Native people have a story to tell – their

own'. Retrieved November 18, 2019, from Indian Country Today website:

https://newsmaven.io/indiancountrytoday/archive/horse-capture-native-people-have-a-sto

ry-to-tell-their-own-cbrUU5jgNU2keWg71W5B_g/

Khopkar, A. (2018, November 27). We need to talk about cultural appropriation in fashion.

Retrieved December 12, 2019, from ABC Life website:

https://www.abc.net.au/life/cultural-appropriation-and-fashion/10501010
APPRECIATION VS APPROPRIATION 18

Larsson, N. (2015, June 17). Inspiration or plagiarism? Mexicans seek reparations for French

designer's look-alike blouse. Retrieved December 6, 2019, from The Guardian website:

https://www.theguardian.com/global-development-professionals-network/2015/jun/17/me

xican-mixe-blouse-isabel-marant

Light Years IP. (n.d.). The Maasai cultural brand. Retrieved November 12, 2019, from Light

Years IP website: http://lightyearsip.net/the-maasai/

Livni, E. (2017, January 28). The Maasai want their brand back. Retrieved from Quartz website:

https://qz.com/896520/the-maasai-want-their-brand-back/

Lovells, H. (2011, July 21). 1 - 0 for artistic freedom v. Louis Vuitton. Retrieved December 3,

2019, from Lexology website:

https://www.lexology.com/library/detail.aspx?g=8721354b-5a21-465c-933c-56e340ab1d

cb

Moye, D. (2019, August 30). Dior faces backlash over Native American imagery in ad for

'Sauvage' perfume. Retrieved December 12, 2019, from Huffpost website:

https://www.huffpost.com/entry/dior-sauvage-native-american_n_5d696746e4b09bbc9ee

e8bba

Mpala, S. (n.d.). Disney robs Swahili of "Hakuna Matata". Retrieved December 3, 2019, from

Change.org website:

https://www.change.org/p/the-walt-disney-company-get-disney-to-reverse-their-trademar

k-of-hakuna-matata
APPRECIATION VS APPROPRIATION 19

Ostrowitz, J. (2015, March 9). The Plains Indians exhibition: A milestone for the Met. Retrieved

November 18, 2019, from The Met website:

https://www.metmuseum.org/blogs/now-at-the-met/2015/plains-indians

Pancia, A. (2017, July 27). Fashion icon Jimmy Choo chooses Noongar artist's design for

women's shoe. Retrieved December 12, 2019, from ABC News website:

https://www.abc.net.au/news/2017-07-27/indigenous-art-to-feature-jimmy-choo-footwear

/8749808

Regan, S. (2015, June 26). In mainstream museums, confronting colonialism while curating

Native American art. Retrieved November 18, 2019, from Hyperallergic website:

https://hyperallergic.com/217807/in-mainstream-museums-confronting-colonialism-whil

e-curating-native-american-art/

Smith, N. (2016, November 17). Navajo Nation and Urban Outfitters reach settlement. Retrieved

November 7, 2019, from Farmington Daily Times website:

https://www.daily-times.com/story/news/local/navajo-nation/2016/11/17/navajo-nation-u

rban-outfitters-reach-settlement/94029162/

TFL. (2016, February 3). What to know about the Navajo Nation v. Urban Outfitters legal

dispute. Retrieved November 7, 2019, from The Fashion Law website:

http://www.thefashionlaw.com/home/what-to-know-about-the-ongoing-navajo-nation-urb

an-outfitters-legal-dispute

Vezina, B. (2019, October 14). Cultural Appropriation. Retrieved November 7, 2019, from ual:

Creative IP website: http://creativeip.org/cultural-appropriation/

Vezina, B. (2019, November 6). [Email interview].

APPRECIATION VS APPROPRIATION 20

Weaver, C. (2011, March 25). Blurring luxury and art: Nadia Plesner vs Louis Vuitton.

Retrieved December 3, 2019, from Hyperallergic website:

https://hyperallergic.com/21392/nadia-plesner-vs-louis-vuitton/

Wood, M. (2017). Cultural appropriation and the Plains' Indian headdress. ​Auctus: The Journal

of Undergraduate Research and Creative Scholarship.​ Retrieved from

https://scholarscompass.vcu.edu/cgi/viewcontent.cgi?article=1042&context=auctus

Young, S. (2017, February 7). Maasai people of East Africa fighting against cultural

appropriation by luxury fashion labels. Retrieved November 12, 2019, from The

Independent website:

https://www.independent.co.uk/life-style/fashion/maasai-people-cultural-appropriation-lu

xury-fashion-retailers-louis-vuitton-east-africa-intellectual-a7553701.html