{"title":"‘We have rights to designs’: interrogating design pirating on the Ghanaian textiles market","authors":"E. Darku, N. Lubisi","doi":"10.1080/07329113.2019.1700449","DOIUrl":null,"url":null,"abstract":"Abstract This paper examines the challenges of copyright implementation in the Ghanaian textile market. Specifically, the paper looks at the challenges of administering copyright law in an informal market structure governed by both cultural norms and legal precepts. Using qualitative data collected from interviews and documents, this paper argues that copyright laws do not adequately take into account the normative systems that govern the production of textile as a cultural good. Therefore, challenges faced by the state to regulate piracy in the textile market exist because of the gap between formal legal provisions for conducting business and informal norms and market practices. The paper concludes that the copyright law in its current form does not address the normative practices at the core of trading textiles and that piracy can be effectively controlled if copyright laws incorporate cultural ideas and definition of design, authorship and ownership in the textile industry.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal Pluralism and Unofficial Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/07329113.2019.1700449","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract This paper examines the challenges of copyright implementation in the Ghanaian textile market. Specifically, the paper looks at the challenges of administering copyright law in an informal market structure governed by both cultural norms and legal precepts. Using qualitative data collected from interviews and documents, this paper argues that copyright laws do not adequately take into account the normative systems that govern the production of textile as a cultural good. Therefore, challenges faced by the state to regulate piracy in the textile market exist because of the gap between formal legal provisions for conducting business and informal norms and market practices. The paper concludes that the copyright law in its current form does not address the normative practices at the core of trading textiles and that piracy can be effectively controlled if copyright laws incorporate cultural ideas and definition of design, authorship and ownership in the textile industry.
期刊介绍:
As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.