Pulsinelli

Introduction

  • In a globalized world, views of ownership of artistic and cultural property are constantly evolving.

  • J.K. Rowling’s portrayal of goblins in Harry Potter and the Deathly Hallows highlights a unique perspective on ownership rights that contrasts with Muggle views.

The Goblin View of Ownership

  • Goblins believe that the artist retains an ongoing ownership interest in their creations even after these works are sold.

    • This perspective appears odd in the Muggle world.

  • Illustrated in Deathly Hallows through Harry Potter's dealings with Griphook, a goblin.

    • Goblins see tangible artistic objects as rightfully belonging to their creators, not merely to purchasers.

    • For goblins, objects like the sword of Godric Gryffindor are viewed as treasures deserving of return to the goblin culture upon the creator's death.

  • There are practical implications for contemporary law and property ownership that draw parallels to the goblin view.

Muggle Law and Its Parallels to Goblin Ownership

A. Tangible Property Law

  • Muggle law allows full rights to ownership after a sale, permitting resales without regard to creator rights.

    • A creator might formalize ongoing rights through legal mechanisms, but this is not the default in Muggle property law.

B. Intellectual Property Law

  • Copyright allows creators limited ongoing rights post-sale, such as controlling reproduction but not ownership of the physical object.

  • Some parallels between goblin views and intellectual property can be observed through copyright acts that grant artists some control over their creations.

C. Moral Rights Law

  • Moral rights protect the integrity of the artist's identity, allowing them to object to derogatory treatment of their artwork, which aligns somewhat with the goblin perspectives.

D. The Droit de Suite

  • The droit de suite (resale royalty) allows artists to claim a portion of proceeds from any resale of their work, resembling the goblin's desire for ongoing economic interest in their creations.

  • This right has been difficult to establish in common law countries, signifying ongoing resistance to goblin-like rights.

Potential Cultural Rights

  • There is a growing interest in cultural rights, notably for indigenous cultures, where claims for the return of artifacts tie ownership to cultural significance rather than to a singular creator.

  • Examples include Native American claims under NAGPRA and the Greek requests for the return of the Elgin Marbles.

  • These movements align with goblin assertiveness over cultural artifacts, seeing them as community property deserving of preservation and return.

Are We Becoming Goblins?

  • There is a trend in contemporary law moving toward broader recognition of artistic and cultural rights.

  • As intimacy with cultural artifacts grows, the legal systems may evolve to better accommodate collective rights resembling those of the goblins.

  • This raises debates about the ownership structure of art and implications for museums and cultural preservation.

Conclusion

  • The evolving landscape of property rights suggests ongoing conversations about how artistic creation, cultural artifacts, and collective ownership are being redefined, moving towards a more goblin-like conception of ownership.