Given the scope and type of cultural materials (American Indian history, ethnography, arts, social practices, religion, literature, etc.) considered in research-oriented projects and subject to cultural property rights agreements, are those same types of cultural materials, when used in a classroom setting, similarly subject to cultural and intellectual property rights considerations?

How do we distinguish, as a tribe’s cultural property, the cultural materials acquired through field research and published for educational purposes in a scholarly journal on one hand, from cultural materials acquired through someone else’s research or one’s own and presented for educational purposes in a classroom on the other hand?

 

For the affirmative: yes, cultural property rights apply - and they apply because - - - ?

For the negative: no, cultural property rights do not apply - and they do not apply because - - - ?