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August 6, 2005
Symbols, mascots and intellectual property
You may have heard of the latest flair up of the controversy over the use of offensive sports mascots. In this case, the NCAA will prohibit college athletic teams that use Native American images deemed "hostile or abusive" from hosting postseason events or displaying the symbols during championship competition (see NCAA Takes Hard Line On Mascots). The ban extends to the Florida State Seminoles - which has an interesting twist:
The issue remains particularly controversial regarding Florida State, because the Seminole Tribe of Florida has expressed support for Florida State's use of its nickname and related symbols.
"That the NCAA would now label our close bond with the Seminole Tribe of Florida as culturally 'hostile and abusive' is both outrageous and insulting," [Florida State President T.K.] Wetherell said. " . . . It is unconscionable that the Seminole Tribe of Florida has been ignored.
"The rules as we understand them would have us cover the Seminole name and symbol as if we were embarrassed, and any committee that would think that is a proper and respectful treatment of Native Americans should be ashamed."
As NCAA officials point out, however, not all tribes support Florida State's use of its nickname and mascot, the horseback riding Chief Osceola. In fact, the Seminole Tribe of Oklahoma has expressed opposition to the school's use of symbols.
The controversy points out that there is a lot of gray in our intellectual property. One would think that the use of the word "Seminole" would be the intellectual property of the Seminole tribe. After all, it is no different than requiring Parma ham from Parma or Tiger Woods to control the use of his name or Microsoft to control the use of the word "Microsoft". Imagine if a college team tried to call itself the "Microsofts" or the "Excells".
Maybe what NCAA should do is require those schools that use specific tribe names to obtain the permission of the tribe for the use of their intellectual property. That way the Seminoles could license the name to Florida State (which might help the different parts of the tribe - Florida and Oklahoma - work out their differences). And the Chippewas (Central Michigan University) and the Utes (University of Utah) and the Choctaws (Mississippi College) and the Sioux (University of North Dakota) and the Illinois Nation - Illini (University of Illinois) could decide for themselves whether or not they wish to be associated with the team.
Of course, Native American names are so common in our geography that it might be hard to enforce this rule in every case. For example, what would the State of Delaware owe the Delaware tribe - or the Miami or the Dakota or . . . ?
But if the name and symbols of the tribe is associated with a specific commercial activity (and don't tell me that college football isn't a commercial activity), then the tribe should have some recompense for the use of their intellectual property. If it is good enough for Disney, it is good enough for the Chippewa.
Posted by Ken Jarboe at August 6, 2005 10:31 AM
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Comments
Would you be able to advise me on where I may obtain documentation on what type of recompense the Florida Seminole Tribe receives from the Florida State University? Many Florida State staff, faculty, and fans comment on the "relationship" they have with the Seminole Tribe, and I would like to know how the Seminole Tribe has profited from this relationship.
Thank you.
Posted by: Niki Martin at September 17, 2005 9:25 PM
Niki, thanks for your comment. I suggest you contact the Seminole tribe directly. Their website is http://www.seminoletribe.com
Posted by: Ken Jarboe at September 19, 2005 11:00 AM