In the story of the death of Iya, we see that the Flute, the Rattle, and the Drum were used to defeat and destroy Iya as he threatened to devour the Tetuwan Oyate. This story exemplifies the need to Renew our “Intellectual Property Rights” as a Nation. The 2007 United Nations Declaration on the Rights of Indigenous Peoples addresses this issue in Article 31: “1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.”

Unfortunately, the United States is one of only four Nations to oppose the United Nations Declaration on the Rights of Indigenous Peoples. Nevertheless, it is clear that the 1990 Indian Arts and Crafts Act does begin address the Cultural Intellectual Property Right issue, but is currently delimited to cover only “Arts and Crafts”. The 1990 IACA says in part: “Sec. 1159. Misrepresentation of Indian produced goods and products
`(a) It is unlawful to offer or display for sale or sell any good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
`(b) Whoever knowingly violates subsection (a) shall–
`(1) in the case of a first violation, if an individual, be fined not more than $250,000 or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and
`(2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000.”

Our Identity is at stake, and what is occurring is a case of Identity Theft upon our People, and upon Peoples of over 500 separate and distinct Nations, here on Turtle Island. We can do something by raising awareness and by explaining our Right to Exist as a People. We can begin by raising our Voices and Living the Renewal that is Lakol Wicohan Ki, in ways both great and small.

There is more information easily obtainable about Intellectual Property Rights and the connection to the United Nations Declaration on the Rights of Indigenous Peoples at this Wikepedia page:

http://en.wikipedia.org/wiki/Indigenous_intellectual_property

“Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples’ special rights to claim (from within their own laws) all that their indigenous groups know now, have known, or will know. [1] It is a concept that has developed out of a predominantly western legal tradition, and has most recently been promoted by the World Intellectual Property Organisation, as part of a more general United Nations push [2] to see the diverse wealth of this world’s indigenous, intangible cultural heritage better valued and better protected against probable, ongoing misappropriation and misuse. [3]”

Here is the Wikepedia of the United Nations Declaration on the Rights of Indigenous Peoples: http://en.wikipedia.org/wiki/Declaration_on_the_Rights_of_Indigenous_Peoples

And the United Nations Declaration on the Rights of Indigenous Peoples itself: http://www.un.org/esa/socdev/unpfii/en/drip.html

We need to know these things.

Hecetuwelo,

Wanbli WiWohpe
Elk Dreamer

http://authenticnativeflute.com/native-american-flutes/why-is-the-term-native-american-flute-maker-and-native-american-flute-player-so-important-

The front page website (http://www.doi.gov/iacb/act.html) of the 1990 Indian Arts and Crafts Act states:

“The Indian Arts and Crafts Act of 1990 (P.L. 101-644) is a truth-in-advertising law that prohibits misrepresentation in marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and crafts organization, resident within the United States. For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.

Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe.

The law covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935. The Act broadly applies to the marketing of arts and crafts by any person in the United States. Some traditional items frequently copied by non-Indians include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs, kachina dolls, and clothing.

All products must be marketed truthfully regarding the Indian heritage and tribal affiliation of the producers, so as not to mislead the consumer. It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craft item.

For example, products sold using a sign claiming “Indian Jewelry” would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as “Hopi Jewelry” would be in violation of the Act if they were produced by someone who is not a member, or certified Indian artisan, of the Hopi tribe.

If you purchase an art or craft product represented to you as Indian-made, and you learn that it is not, first contact the dealer to request a refund. If the dealer does not respond to your request, you can also contact your local Better Business Bureau, Chamber of Commerce, and the local District Attorney’s office, as you would with any consumer fraud complaint. Second, contact the Indian Arts and Crafts Board with your written complaint regarding violations of the Act.

Before buying Indian arts or crafts at powwows, annual fairs, juried competitions, and other events, check the event requirements on the authenticity of products being offered for sale. Many events list the requirements in newspaper advertisements, promotional flyers, and printed programs. If the event organizers make no statements on compliance with the Act or on the authenticity of Indian arts and crafts offered by participating vendors, you should obtain written certification from the individual vendors that their Indian arts or craftwork were produced by tribal members or by certified Indian artisans.”

Why then do so many false flute fests flourish? Simple. There just are not many Native Flute Makers left. We have been utterly divested of the Flute while private collections and museum collections grow. That cannot be allowed to continue. Light must be shone upon the misappropriaters. What can be done? Surprisingly, the answer started with eBay. Through complaints probably to do with the highly circulated (among Natives anyway) story of the Native scalp for sale on eBay, eBay decided to not allow the term “Native American” in regards to non-Native flute sellers. After a few days of various sellers attempting different word combinations, “American Flute” seems to have become the standard. Great! Lets adopt this for those large non-native Flute gatherings which feature not even a handful of enrolled Native performers/sellers. Why? Because now, instead of touting themselves as “the renaissance” of Native Flutes, it would be obvious that there is a large gulf between what is currently misnomered as a “Native American Flute Festival” and what a gathering of Natives encompass. Of course, the non-Native flute makers will raise a hue and cry: “DON’T take the Native out of our name!” They will say they are honoring us, just like the pro-mascot people say. They are pretenders. They are playing Indian. Play time is over.

Although I fully believe the times of confrontation have passed, that this is a time of gathering, I also fully believe that our Healing as Native People begins with our Roots. Our Roots begin with The Drum, The Rattle and The Flute. We must take measures to protect our Roots. Maybe Tribal Councils need to be spoken to, Tribal Statements and Proclamations made. Precedents set. Maybe Sundances and Sundancers need to reclaim that Flute, which is a part of our masculinity. Maybe even online petitions, groups, entities of any sort, as there are no entities whatsoever now. The “International Native Flute Association” may be the prime culprit in the misappropriation of the term Native Flute, as there are very few Natives involved at all, except in seemingly ceremonial roles.

I am all for non-Natives enjoying the flute. I am all for them making and selling the flute. I would just like to see the connotation of “Native” removed.

Hecetuwelo, Wanbli WiWohpe he emacia pelo.
James Herbert Starkey
Enrolled Member, Cheyenne River Sioux Tribe

http://authenticnativeflute.com/

Mary Louise Defender-Wilson is from the Dakota and Hidatsa tribes. She was raised speaking Dakotah, the language of the Standing Rock Sioux. Wilson began telling stories at the age of 11. In 1999, she was honored with a National Heritage Fellowship from the National Endowment for the Arts. She has also recorded two albums that were sold in the United States and Europe.

The 13th Annual Evening of American Indian Storytelling
Friday, January 29th at 7:00PM
Wisconsin Union Theater (Memorial Union), UW-Madison

A young man stands alone
But is not alone.
A young man stands firm in his resolve
For the People and the Land
A young man stands alone
For the women and children.
A young man stands alone
Tired of seeing his Dakotah Tiyospaye suffer in silence.

A young man stands alone with the heart and spirit of Dakotah Akicita.
A young man stands alone listening to the voices of the Ancestors in the wind.

A young man stands alone
But is not alone.
A young man stands alone
Willing to die for his beliefs.
A young man stands alone
With a clean spirit and a good heart.
A young man stands alone
And remembers that he is Dakotah and not sioux.

A young man stands alone with the heart and spirit of Dakotah Akicita.
A young man stands alone listening to the voices of the Ancestors in the wind.

-AJ  Melk

Standing alone in the muffled silence of a billion swirling snowflakes,
I know no fear in my heart or thought filled mind.
For I have been born and bred to this northern land.
A harsh beautiful environment of wind, snow and freezing cold.
I am without a doubt perfectly peaceful and content
with myself and this frozen northern land called the Dakotahs.
I move through the snow laden, wind swept trees,
my tracks fading away into the distance
already beginning to fill with snow.
Soon they too will fade, buried beneath a blanket of sparkling white snow,
a hundred million diamond points the snow catches the vague light reflecting it into the cold dark night
in a brilliant starry array.
Silently and thoughtfully I move on into the storm swept night.
Soon too I know I must find a remain over night sight.
A snug little shelter of warmth and life:
within a small fire which I will build and continue to feed slowly but steadily through the long cold snow filled night.
My bed tonight will be fragrant pine boughs upon which I will spread my bed and myself in glorious comfort,
many more pine boughs will serve as my roof and walls.
A fortress against my enemies… the freezing cold
and the wind driven, stinging snow.
In the morning I will emerge refreshed and rested
into a brilliantly bright, sight-blinding display of
Mother Nature’s frozen winter work.
Snow has fallen steadily for three full days, sometimes lightly, sometimes heavily,
but ever falling from the moisture rich sky to the thirsting Earth waiting patiently below.
You see I understand and respect my small part in this endless wondrous drama between Earth and Sky.
In my heart, I am humbled for I know this is cosmic construction on a grand scale,
and I am only a feeble spark struggling
and thankful to be alive and living to greet my old friend,
Life Giving Sun.
Mother it is a Good Day to die.

AJ Melk

We must weave a new tradition…
A tradition of life and hope
for the People and
for Generations unborn.
A new tradition born from
the ashes of the old…
A new tradition that will guide our Children
and our Children’s’ Children…
A tradition that will become a legacy to the People.
Be proud of your Ancestors… honor their sacrifices.
Remember always the Generations to come…
They are the Future of the People.
Learn and live the knowledge of
the Here and Now…
Pass it on to countless Generations.
Teach the Children and the Grandchildren…
To Love and Respect themselves and others.
To be Generous and Kind.
To see the Beauty and Joy in Life.
And the Sacred Circle of Life will be
complete.

AJ Melk

AJ Melk

The words of American Horse:

“They turned their guns, Hotchkiss guns [breech-loading cannons that fired an explosive shell], etc., upon the women who were in the lodges standing there under a flag of truce, and of course as soon as they were fired upon they fled…There was a woman with an infant in her arms who was killed as she almost touched the flag of truce [which flew over the Lakota camp], and the women and children of course were strewn all along the circular village until they were dispatched. Right near the flag of truce a mother was shot down with her infant; the child not knowing that its mother was dead was still nursing, and that especially was a very sad sight. The women as they were fleeing with their babes were killed together, shot right through, and the women who were very heavy with child were also killed…After most all of them had been killed a cry was made that all those who were not killed or wounded should come forth and they would be safe. Little boys who were not wounded came out of their places of refuge, and as soon as they came in sight a number of soldiers surrounded them and butchered them there…Of course it would have been all right if only the men had been killed; we would feel almost grateful for it. But the fact of the killing of the women, and more especially the killing of the young boys and girls who are to go to make up the future strength of the Indian people, is the saddest part of the whole affair and we feel it very sorely.”

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4/23/09 Enroute to Indigenous Voices 2009: A Media Celebration of Identity; Wanbli Koyake, Lakota Sundance Leader, discusses lifeways.

1/4/10/podcast

Wahwahtay Benais – Prayer Song

Earlwin B Bullhead – Akicida Odowan

Neerdaels – Sunka Odowan

Savage Family – War Rize Up