page_title: Culture of the Tlingit
section_title: Property
hierarchical_section_title: Culture of the Tlingit / Property
caption_attribution_description: Dancing at a totem pole raising celebration in Klawock, Alaska.
context_page_description: The culture of the Tlingit, an Indigenous people from Alaska, British Columbia, and the Yukon, is multifaceted, a characteristic of Northwest Coast peoples with access to easily exploited rich resources. In Tlingit culture a heavy emphasis is placed upon family and kinship, and on a rich tradition of oratory. Wealth and economic power are important indicators of status, but so is generosity and proper behavior, all signs of "good breeding" and ties to aristocracy. Art and spirituality are incorporated in nearly all areas of Tlingit culture, with even everyday objects such as spoons and storage boxes decorated and imbued with spiritual power and historical associations.
context_section_description: In Tlingit society, many things are considered property that in other societies would not be. This includes names, stories, speeches, songs, dances, landscape features (e.g., mountains), and artistic designs. These notions of property are similar to those described by modern intellectual property law. More familiar property objects are buildings, rivers, totem poles, berry patches, canoes, and works of art. The Tlingit have long felt powerless to defend their cultural properties against depredation by opportunists, but have in recent years become aware of the power of American and Canadian law in defending their property rights and have begun to prosecute people for willful theft of such things as clan designs.
  It is important to note that in modern Tlingit society two forms of property are extant. The first and foremost is unavoidably that of the American and Canadian cultures, and is rooted in European law. The other is the Tlingit concept of property as described here. The two are contradictory in terms of rightful ownership, inheritance, permanence, and even in the very idea of what can be owned. This is the cause of many disagreements both within the Tlingit and with outsiders, as both concepts can seem to be valid at the same time. The Tlingit apply the indigenous concept of property mostly in ceremonial circumstances, such as after the death of an individual, the construction of clan houses, erection of totem poles, etc. The situation of death can be problematic however since Tlingit law dictates that any personal property reverts to clan ownership in the absence of any clan descendants who can serve as caretakers. This, of course, contradicts European legal interpretation, under which property reverts to the state in the absence of legal heirs. However, the two may be considered to be consistent, in that the clan serves as the essence of a Tlingit concept of state. Obviously such matters require careful consideration by both Tlingit familiar with the traditional laws and by the governments involved.
  Myriad art forms are considered property in Tlingit culture. The idea of copyright applied to Tlingit art is inappropriate, since copyright is generally restrictive to particular works or designs. In Tlingit culture, the ideas behind artistic designs are themselves property, and their representation in art by someone who cannot prove ownership is an infringement upon the property rights of the proprietor.
  Stories are considered property of particular clans. Some stories are shared freely but are felt to belong to a particular clan, other stories are clearly felt to be restricted property and may not be shared without a clan member's permission. Certain stories are however essentially felt to be in the public domain, such as many of the humorous tales in the Raven cycle. The artistic representation of characters or situations from stories that are known property of certain clans is an infringement on the clan's property rights to that story.
  Songs are also considered to be property of clans, however since songs are more frequently composed than stories, a clear connection to individuals is felt until that individual dies, at which point the ownership tends to revert to the clan. A number of children's songs or songs sung to children, commonly called 'lullabies', are considered to be in the public domain. However, any song written with a serious intent, be it a love song or a song of mourning, is considered to be the sole property of the owner and may not be sung, recorded, or performed without that clan's permission.
  Dances are also considered to be clan property, along the same lines as songs. Since people from different clans are often involved in the performance of a dance, it is considered essential that before the dance is performed or the song sung that a disclaimer be made regarding who permission was obtained from, and with whom the original authorship or ownership rests.
  Names are property of a different kind. Most names are inherited, that is they are taken from a deceased relative and applied to a living mem
caption: A large group dancing at a totem pole raising celebration in Klawock, Alaska, 2005
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