The area of literary rights

The area of literary rights is confusing for scholars whose work focuses on collaborative materials particularly materials of earlier Native American writers. Questions arise over authorship and the determination of literary heirs. For example, recognition of heirs turns on the European-based assumption of the private ownership of a written statement. The first person to writer down an oral tale can become legally recognized as the owner of that version of the story, just as the first chemist to patent a tribal healing practice becomes the owner of the resulting chemical formula. This instance on private rather than collective ownership, derived from the nineteenth-century notion of the autonomous, creative, authorial voice, flies in the face of those who come from an oral tradition. Thus a scholar concerned with finding literary heirs in order to afford them the benefits of copyright laws must in so doing accede to legal concept of ownership that has been used to appropriate knowledge from community based cultures.

The scholars who work on Native American writers is confused about literary right
confused about authorship and  the literary heirs
the determination of literary heirs-- based on European-based assumption of private ownership of a written statement (the first person)


1. The example of a chemical patent is used to illustrate a
A. legal mechanism by which community knowledge can be turned into private property
B. technological development that goes beyond the scope of nineteenth-century science
C. government action that creates a temporary form of intellectual property
D. kind of expression that exists only in written, rather than oral, form
E. way in which medical innovation can be rewarded

 a tribal healing practice becomes the owner of the resulting chemical formula

2. The author of the passage focuses on a contrast between
A. patents and copyrights as ways of protecting ownership
B. oral and written as means of artistic expression
C. literary heirs and authors of literary works as creative thinkers
D. individual and collective ownership of cultural products
E. contemporary and nineteenth-century views of authorship

3. According to the passage, the notion of a literary heir depends on a presupposition that can be traced to
A. a confusion over the purposes of collaboration
B. a misunderstanding between people from different cultures
C. a nineteenth-century view of authors as creative individuals
D. oral traditions that hand down knowledge through generations
E. scholars who first recorded oral tales in written form



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