Copyrighting Culture for the Nation? Intangible Property Nationalism and the Regional Arts of Indonesia

Abstract

AbstractThis article analyzes how intangible cultural expressions are re-scripted as national intellectual and cultural property in postcolonial nations such as Indonesia. The mixing of intellectual and cultural property paradigms to frame folkloric art practices as national possessions, termed “intangible property nationalism,” is assessed through consideration of Indonesia's 2002 copyright law, UNESCO heritage discourse, and the tutoring of ASEAN officials to use intellectual and cultural property rhetoric to defend national cultural resources. The article considers how legal assumptions are rebuffed by Indonesian regional artists and artisans who do not view their local knowledge and practices as property subject to exclusive claims by individuals or corporate groups, including the state. Producers' limited claims on authority over cultural expressions such as music, drama, puppetry, mythology, dance, and textiles contrast with Indonesian officials' anxieties over cultural theft by foreigners, especially in Malaysia. The case suggests new nationalist uses for heritage claims in postcolonial states.