Property and Provenance: CIPIL Evening Seminar

Speaker: Professor Madhavi Sunder, Georgetown University Law School

Abstract: Innovation thrives on borrowing from creators, past and far-flung. When does cultural exchange cross the line into cultural misappropriation or theft decried as “cultural appropriation”? Notably, today’s culture wars increasingly turn on intellectual property claims, with calls for attending to the legal and ethical implications of dominant cultural creators taking and profiting from the innovations of disadvantaged and minority creators. Black creators embark on a #TikTokStrike to protest white influencers siphoning credit and revenues from black creatives. The Mexican Culture Minister calls out high end fashion labels for stealing local designs. Black dancers sue blockbuster video game Fortnite for copying dance moves without credit or royalties. Native activists challenge racist trademarks. The implication is clear: intellectual property has a cultural appropriation problem. Is intellectual property an appropriate legal tool for addressing cultural appropriation? This Lecture builds on growing scholarship studying dispossession and racial capitalism to consider intellectual property’s role in promoting or stifling recognition and redistribution for diverse creators.

Biography: Madhavi Sunder is the Frank Sherry Professor of Intellectual Property Law at the Georgetown University Law Center. She is a widely published and influential scholar of intellectual property law, law and technology, women’s human rights, and international development. In 2024-2025, she is the Co-director of the Center for Transnational Legal Studies in London.

For more information see:

https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars