Passing as Native Musicians

[bls926]

Rattle. Unfortunately, neither music nor the written word is covered by the Indian Arts and Crafts Act of 1990. So, anyone can sing what they want, write what they want, and call themself whatever they want. Yes, the law should be changed.

 Though you might call yourself a descendant, the bottom line is you are Cherokee because you are Cherokee by blood.

I don't know what impact your ancestry might have had on your life, but being that you are present here it would seem it must have by some degree or another.

 However they might be people, and that may or may not include you that have had the Indian ancestry be a huge part of their life, and from that dictate what experiences and points of view they have.

 So if they do not have federal recognition, I do not think they should be barred from writing about their lives or experiences etc due to lack of recognition.

 If they are frauds, then they can be exposed by places like this and the community.

 Last I checked this is still the United States, and though it is far from perfect; I would hate to see it go down the path of over regulating people to the point to where they are not allowed to speak the truth about their lives or family due to issues that ultimately are the fault of the United States government in the first place.

 We should not get so caught up in hunting down frauds or preventing them from operation to the point we lose sight that the purpose is to defend NDN people, and sometimes there are those who for whatever did fail to get recognized, but should not be confused with those who claim some ggggg grandmother they can not prove.

I'm not saying someone can't write about their life. Anyone can write anything they want. What I am saying is that someone who is not an enrolled member of a recognized First Nation should not claim that they are a Native American author. It's no different than someone who is not recognized creating a piece of jewelry, weaving a basket, or making a piece of pottery and calling it American Indian. No different than these guys we've been talking about putting Lakota on their music. If you aren't Indian, don't market your creations as Native American.

[Rattlebone]

Rattle. Unfortunately, neither music nor the written word is covered by the Indian Arts and Crafts Act of 1990. So, anyone can sing what they want, write what they want, and call themself whatever they want. Yes, the law should be changed.

 Though you might call yourself a descendant, the bottom line is you are Cherokee because you are Cherokee by blood.

I don't know what impact your ancestry might have had on your life, but being that you are present here it would seem it must have by some degree or another.

 However they might be people, and that may or may not include you that have had the Indian ancestry be a huge part of their life, and from that dictate what experiences and points of view they have.

 So if they do not have federal recognition, I do not think they should be barred from writing about their lives or experiences etc due to lack of recognition.

 If they are frauds, then they can be exposed by places like this and the community.

 Last I checked this is still the United States, and though it is far from perfect; I would hate to see it go down the path of over regulating people to the point to where they are not allowed to speak the truth about their lives or family due to issues that ultimately are the fault of the United States government in the first place.

 We should not get so caught up in hunting down frauds or preventing them from operation to the point we lose sight that the purpose is to defend NDN people, and sometimes there are those who for whatever did fail to get recognized, but should not be confused with those who claim some ggggg grandmother they can not prove.

I'm not saying someone can't write about their life. Anyone can write anything they want. What I am saying is that someone who is not an enrolled member of a recognized First Nation should not claim that they are a Native American author. It's no different than someone who is not recognized creating a piece of jewelry, weaving a basket, or making a piece of pottery and calling it American Indian. No different than these guys we've been talking about putting Lakota on their music. If you aren't Indian, don't market your creations as Native American.

 It's not the same thing though. Artwork that is labeled Native American that is not, hurts native artisans when it is sold as such. Even in that case you can make the exact same artwork and put the label "native style" on it and there is nothing anyone can do legally.

  People who are legitimately NDN but for whatever reason do not have recognition are still NDN without the piece of paper that says so. They should not be barred from writing about their lives or perspectives on things as native people because that is exactly what they are regardless.

 Making laws to curb fraudulent activity is fine, but with the thousands of laws we having in this country covering so many things; those things the laws are based on are still routinely broken. Con artists come up with new ways to break those laws on a routine basis.

 Telling somebody who has legitimate claims to being NDN that they can not write as a native person because they lack some piece of paper even when their claims & experiences are legitimate is preposterous in a nation that guarantees people the right to freedom of speech and expression. It's almost as though we are going to guarantee NONS these constitutional rights, but deny them to people with legitimate claims to being NDN due to a lack of paper.

 If a man like Two Hawks could prove he is NDN regardless of being enrolled or not, I would say nothing other then his music is twinkie and romanticized garbage.

I doubt when the law about Arts and Crafts were passed that it's purpose was to persecute people with legitimate claims to being NDN, but was more directed towards those who are not NDN who were selling bogus artwork labeled as NDN art.

 Again issues such as this are why I had reservations making my intial post here. I somewhat support such laws because of the mockery of NDN culture men like Two Hawks make of it, but I do recognize that there are some great pitfalls to it.

 

[bls926]

I think the Indian Arts and Crafts Act should cover all forms of expression. Rattle, you say it should only apply to "artwork", i.e. pottery, jewelry, baskets, paintings, because when nons create these things and call them Indian, it "hurts native artisans when it is sold as such". Don't you think the same can be said for music and the written word? Someone on here made the comment that they'd bought one of Douglas Spotted Eagle's cd's because they thought he was Lakota; they wouldn't have bought it if they'd known he wasn't. They would have purchased a different cd, one recorded by an American Indian. How many people purchased Nasdijj/Timothy Barrus' novels, because they thought he was Navajo? If they'd known he wasn't, maybe they would have bought one of Sherman Alexie's. Expression comes in many forms . . . the written word, music, artwork. All should be protected by the Indian Arts and Crafts Act.

There are exceptions to the law. If you are accepted by your Nation, whether enrolled or not, you are permitted to advertise your work as American Indian with their endorsement. Anyone who is truly connected to their people, should be able to get their blessing and market themselves as Native.

[critter - a white non-ndn person]

Arts and crafts, well, what if I wanted to buy a cuban cigar, I'd want a 'cuban' cigar, not a cigar made in 'cuban style', and I'd be pissed if I bought a box of cuban cigars only to find out they weren't the real deal.  That's how it is with pottery and baskets etc in my mind, including music.

But, writing.  I can't see where the written word can be so defined.  If a person's experience is well, whatever it is, they do have a right to write about it.  I don't believe in censorship.

But I do believe that ceremony should be covered under the 'arts & craft' even though it isn't a craft per se.  People running ceremony and claiming it is of any particular origin, be it Native, or Scandinavian, or Tibetan or whathaveyou, should be able to prove without doubt that it is.  There needs to be a law in regards to that.  

Actually, I found one:  (my bold)

Section 13A-14-4
Fraudulently pretending to be clergyman.

Whoever, being in a public place, fraudulently pretends by garb or outward array to be a minister of any religion, or nun, priest, rabbi or other member of the clergy , is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 or confinement in the county jail for not more than one year, or by both such fine and imprisonment. (Acts 1965, 1st Ex. Sess., No. 273, p. 381; Code 1975, §13-4-99.)


Not sure this is a nationwide law or local per state.  But, seems plenty of wannabes are breaking it.

[bls926]

I'm not saying someone can't write about whatever they want. I definitely don't believe in censorship. What I am saying is that if you aren't a citizen of a First Nation, you shouldn't be able to market your writing as Native American. There isn't any difference between baskets, blankets, jewelry, or a novel. All are expressions of art. Truth in advertising. Anyone ever hear of that?

[BlackWolf]

If I see any sort of evidence that Two Hawks is of Lakota heritage, then I wouldn’t question his right to call himself a Native American Musician.  Even if he’s not enrolled, then he should still be able to come up with some sort of proof.  In one of his interviews he says that he has ancestors that went to Carlisle Indian School in Pennsylvania.  If that’s the case, then it would be as easy as naming those Indian ancestors.  Or maybe he has a parent or grandparent who was from Pine Ridge.  And maybe he can’t enroll because he doesn’t have the minuim BQ, or maybe he’s family didn’t enroll, etc.  But even in these cases, he should still be able to produce some names and places that his alleged Lakota people lived.  I’ve looked and I can’t find one shred of evidence that would verify he’s claims of being Lakota.  It’s normal for famous Musicians and Artist to share information about their Biography.  And in his case, it’s especially important, because he’s an alleged Lakota/Native American performer.  If people aren’t questioned, then where do you draw the line?  Anyone can say their Lakota or Cherokee, and promote themselves as such.  It would be like me traveling around the country promoting myself as a Tibetan Musician and Spiritual leader without a shred of evidence that I’m really of Tibetan heritage.  At some point in time reporters, the media, or organizations I work with would question me as to my heritage.  Was I actually from Tibet?, was my family from Tibet?, what where their names, what city in Tibet did I live in, etc?  So why is it OK to travel around the United States and Europe presenting yourself as Lakota and not be questioned about your heritage? 

One of the reporters that interviewed him said that he’s a very private man.  I respect people’s privacy to a certain extent, but he is presenting himself as Lakota in a number of ways.  When he’s in Europe doing his programs, he’s a sort of ambassador for the Lakota people.  And with that comes responsibilities.  So if he’s presenting himself as Lakota to promote himself as an Artist and Spiritual leader, then it’s his responsibility to back up his claims.  Like Critter said, his Lakota heritage is part of his marketing ploy.  I think after Cherokee, Lakota probably comes in a close second or third of people claiming to be from their tribe when they most likely are not.  So in this case I think that the burden is on Two Hawks to show everyone that he is really Lakota.

[critter - a white non-ndn person]

I'm not saying someone can't write about whatever they want. I definitely don't believe in censorship. What I am saying is that if you aren't a citizen of a First Nation, you shouldn't be able to market your writing as Native American. There isn't any difference between baskets, blankets, jewelry, or a novel. All are expressions of art. Truth in advertising. Anyone ever hear of that?

I understand what you are saying. But I'm talking about "personal" experience of life.  Not the grand marketing of Native Spirituality or Ceremony. 

What if a person is Native, but not enrolled for one reason or another, but is actually Native, and s/he decides to write a book on what it is to be Native from that position.  It is a personal account, a personal story. And they are proud of their being Native and sign off on it as a Native, because they are.. although not enrolled.  Who is going to go and tell them they can't write it because 'legally' they are not "Native"? 

[critter - a white non-ndn person]

At some point in time reporters, the media, or organizations I work with would question me as to my heritage.  Was I actually from Tibet?, was my family from Tibet?, what where their names, what city in Tibet did I live in, etc?  So why is it OK to travel around the United States and Europe presenting yourself as Lakota and not be questioned about your heritage? 

I agree.  But I bet if you looked even remotely Tibetan, and spoke what seemed to be the language, and wore clothing that general public views as 'tibetan'.. they would never ask. 

It isn't OK, though, on any level and with any nationality to go around like this.  Making it the center point of one's art and all other doings, the 'magnate' that draws the customers. 

And I'm just honestly upset about the exploitation, unless someone can say he is actually doing something to help in the crisis of the people he claims to come from,  I cannot think of him in a good way. 

[bls926]

I'm not saying someone can't write about whatever they want. I definitely don't believe in censorship. What I am saying is that if you aren't a citizen of a First Nation, you shouldn't be able to market your writing as Native American. There isn't any difference between baskets, blankets, jewelry, or a novel. All are expressions of art. Truth in advertising. Anyone ever hear of that?

I understand what you are saying. But I'm talking about "personal" experience of life.  Not the grand marketing of Native Spirituality or Ceremony.  

What if a person is Native, but not enrolled for one reason or another, but is actually Native, and s/he decides to write a book on what it is to be Native from that position.  It is a personal account, a personal story. And they are proud of their being Native and sign off on it as a Native, because they are.. although not enrolled.  Who is going to go and tell them they can't write it because 'legally' they are not "Native"?  

Well, if the Indian Arts and Crafts Act is modified, hopefully the federal government will. It's time music and the written word were added to arts and crafts.

Y'all are missing the point. Rattle, because he thinks one drop of Indian blood makes you Indian. You, critter, maybe because you're new to all this. If you are not enrolled and have no connection to your people, you have no business trying to speak for Indians or as an Indian. Write whatever the hell you want, just don't call yourself Native American. Sing whatever the hell you want, just don't promote yourself as an American Indian.

[critter - a white non-ndn person]

I'm not saying someone can't write about whatever they want. I definitely don't believe in censorship. What I am saying is that if you aren't a citizen of a First Nation, you shouldn't be able to market your writing as Native American. There isn't any difference between baskets, blankets, jewelry, or a novel. All are expressions of art. Truth in advertising. Anyone ever hear of that?

I understand what you are saying. But I'm talking about "personal" experience of life.  Not the grand marketing of Native Spirituality or Ceremony. 

What if a person is Native, but not enrolled for one reason or another, but is actually Native, and s/he decides to write a book on what it is to be Native from that position.  It is a personal account, a personal story. And they are proud of their being Native and sign off on it as a Native, because they are.. although not enrolled.  Who is going to go and tell them they can't write it because 'legally' they are not "Native"? 

Well, if the Indian Arts and Crafts Act is modified, hopefully the federal government will. It's time music and the written word were added to arts and crafts.

Y'all are missing the point. Rattle, because he thinks one drop of Indian blood makes you Indian. You, critter, maybe because you're new to all this. If you are not enrolled and have no connection to your people, you have no business trying to speak for Indians or as an Indian. Write whatever the hell you want, just don't call yourself Native American. Sing whatever the hell you want, just don't promote yourself as an American Indian.

While I can agree that the individual cannot speak 'for' Indians, I cannot wholly agree that they cannot speak of their own personal experience of being an unenrolled Indian and what that is for them, whether they have personal connections or not.  A personal story cannot really be censored in this way. 

Promoting the selling of ceremony or ritual or spirituality of 'any' religion to me is wrong.. but promoting your own personal story of your own life's trials and tribulations without any ritualistic or spirituality except your own view point within it, is to me entirely different.  Because you're not selling a peoples' spirituality, your only selling your own story.  Of course, the right way is to be responsible and know what not to put in the book, what crosses the line. 

Anyway, I just don't think the gov (any gov) should be telling people they cannot write of their own life from their own perspective of how they view their life. 

[bls926]

One more time . . . and I swear this is the last time I'm going to try to make y'all understand . . . Write about whatever you want, just don't call yourself a Native American author if you are not recognized by the Nation you claim to be from. It has nothing to do with spirituality or ceremony. It has everything to do with misappropriating an identity. There are Native authors and musicians who work very hard at their craft. They should be given the same respect that Native potters and weavers are given.

[critter - a white non-ndn person]

I understand what you are saying.  And have from the beginning.  But I'm not sure you understand what I am saying.  I'm talking about a person's right to write about their experience. You can't trademark a person's life experience.  It's not the same as baskets or a way/style of music or jewelry crafting.  

Unfortunately, there will be frauds and such, as there are.  But you can't censor someone because they're delusional. And you can't censor someone because they are not legally enrolled.  They have the right to write about their life.  I don't believe they have the right to teach what is not authorized to them appropriately to teach.  But just writing a novel, or a life's journey cannot be censored. And you can't really force someone to not believe they are not NA, even if they are not.  

I understand that a novel claimed to be written by a Native American when they are not 'legally' Native is misrepresenting in the way you are saying.  What is the gov going to do? Take them to psyche doctors in courts of law to make them change?  When the people reading the novel aren't reading it because of the author's nationality?  But because they like the story?  It's not the same as pottery where a person shops exclusively for Native American artwork or crafts. A particular pottery is made in a particular way or a jewelry or a music, or a basket, made in the ways of that culture.  But a novel?  

I understand people looking exclusively for Native Spirituality, and selling Spirituality by using Native nationality is a whole different issue, but that I believe falls under the law regarding frauds. And should be busted.  But a novelist who notes their self as Native or Australian or German because they believe they have some ancestry is not, to me, in the same category.  But that's probably because when I go looking for something to read, I choose based on what the story is about, not by what nationality the author is.  

So, some person who believes they're NA who writes a sci fi novel that has nothing even remotely connected to NA's, and doesn't market as a "NA author" it's just in his bio bit..  how can anyone censor that?  Or, someone who writes a life story of how they are NA but not recognized legally, how can that be censored?  They have the right to write.  Unless they're writing of something traditional, that is handed down such as is the case with the spirituality, that then is the same as pottery, baskets, arts and crafts because it's a cultural item.  

There are millions of authors and musicians working very hard at their craft and not being given the respect.  If the music is Native culturally, then I agree, it belongs with pottery and etc.. but not writing. As I stated above, unless there is some cultural way of writing.

You want to go after them for them saying somewhere on or in the book that they are NA?  What if they believe they are and are not doing anything but writing their own novels or own life stories, it's not encroaching on any culture or traditional 'way'...  unless like pottery and baskets your traditions have a specific way of writing that a person would seek exclusively to read? A way of writing that is handed down and taught culturally?  

Again, I'm not speaking of the marketing ploy of using nationality/spirituality to sell.. I'm speaking of a person's right to write their own story from their own perspective and point of view.  No one can trademark that.  You can't censor people from expressing their own lives in writing just because they believe they are NA or German or whatever.  You can try to put some sort of action on a person who is exploiting others, and possibly even take them to court and win, but you'd not get far with that action if all they were doing was saying they were NA in their author bio.

And I understand its offensive to see someone saying they are of your nation when they are not. My writing all this is only to point out why 'author' imho can't really be put into the same context of arts & crafts.  If anything the arts & crafts law needs to encompass spirituality and ceremony/ritual.  

[Unegv Waya]

As I understand the IACA, and somebody please correct me if I am wrong, a non-native is not prohibited from making any native styled art or craft as long as they do not put "NDN Made" on it.  I have seen several trading posts where both genuine native crafts and non-native made crafts are sold.  Only the native made crafts bear the NDN Made" tag along with the artists' enrollment numbers.

The good trading posts will always point out which objects are native made and which ones that are not.  At least, that's what I've come across.

[LittleOldMan]

Unegv Waya:  You are correct as far as I know.  When I used to make Flutes I would only label them as to the key and sell them as plain old flutes.  Even though they were woodlands style Native American flutes I would not label them as such.  You can't claim if you do not have a card that says you are Indian.  Each tribe does have the option of designating an artist or crafts person as such but that also has to be notated on the article being offered for sale.  This designated artist does not have to be a Tribal member or even an NDN as I understand it.  It should go without saying that said artist would in some significant way be adding to the tribes benefit in some substantial way.  Another example.  If I was to make let us say war clubs or dance stick blanks and sell them to a Native American as raw materials to which he added beads feathers or some such then because he used my product as a raw material he could label the as Native American made.  Example the dye used in a Navajo rug is purchased, the beads for bead work are purchased.  People just need to be aware when purchasing wall hangers.  I have seen so much junk on the powwow trail it is almost beyond belief.  We were talking one evening after a powwow and one of the Native vendors laughed and said "Yep gonna get some of those white folks money I am.  "LittleOldMan"

[Unegv Waya]

I've heard similar murmurings, Little Old Man.  I won't even go into some of the things overheard during the 49.