Ethnographic research into intellectual property (IP) gained traction in the mid-1990s. During this period international trade agreements mandated that all states introduce minimum IP protections, property rights in intangible goods were expanded to encompass new subject areas, international Indigenous Peoples’ human rights were being negotiated, and protecting biodiversity became a global policy concern. Anthropologists considered IP extension in terms of the processes of commodification the law enabled, the cultural incommensurability of the law’s presuppositions in various societies, the implications of these rights for disciplinary research and publication ethics, and the modes of subjectification and territorialization that the enforcement of such laws engendered. Recognizing that IP clearly constrains and shapes the circulation of goods through the privatization of significant resources, critical anthropological examinations of Western liberal legal binary distinctions between public and private goods also revealed the forms of dispossession enabled by presuming a singular cultural commons. Anthropologists showed the diversity of publics constituted through authorized and unauthorized reproduction and circulation of cultural goods, exploring the management of intangible cultural goods in a variety of moral economies as well as the construction and translation of tradition in new policy arenas. The intersection of IP and human rights also prompted greater disciplinary reflexivity with respect to research ethics and publication practices. Analyzing how IP protections are legitimated and the activities that their enforcement delegitimizes, ethnography illustrated how the law creates privileged and abject subjectivities, reconfigures affective relationships between people and places, and produces zones of policing and discipline in processes of territorialization.
In the Beginning was the Commons: Transformative Learning as Praxis for Regenerating the Cultural Commons