What is cultural appropriation and what does it have to do with a broad view of diversity? Everything!

In the United States, many discussions about diversity and inclusion tend to be centered around race or gender and too many people seem to think “diversity” is about “minorities” or “others” and does not include them. But, by definition, diversity – or at least a broad view of diversity – must include all of us. To be sure, there are important conversations regarding historical racial injustices in America and elsewhere. These are, indeed, connected conversations – diversity and racial injustices. But we live in a global world with an international marketplace, which is why it is critical to take a broader view of diversity. Embracing diversity means being open to meaningful interactions with a range of people from different backgrounds, whether the differences are cultural, racial, ethnic, or otherwise.

How does Cultural Appropriation Affect Diversity?

At its core, cultural appropriation is about borrowing from a culture that is not your culture of origin. Also, there is often some power imbalance. This question of power imbalance can be important because mutual exchange and sharing of culture is essential to human flourishing. But it is when there seems to be a lack of respectful exchange that problems arise.

Also, because cultural appropriation and cultural appreciation are, ultimately, conversations about diversity, people sometimes use the term appropriation – incorrectly in my view – to refer to practices that seem disrespectful to different cultural groups even if there is no “taking” of cultural practices or identity. This matters because it can lead to confusion over issues related to cultural heritage, which might be legally protected, and complaints that are really about unequal treatment. To be sure, these issues are related, but they are not the same.

Part of the confusion is that we may mean different things when we use the word “appropriation.” If you look at the dictionary, you will find definitions that explain appropriation as taking something for your own use without consent from the owner. If you look for a legal definition or appropriation, you will also see that it is about making something your own property. But we don’t own culture. Or do we? You can certainly own rights in some cultural products – books, films, art, movies – these are all items that become part of a culture, for example.

From an intellectual property perspective, cultural appropriation is not about racism or inequality on a national level. It is a global conversation about cultural heritage and identity. This is where we get closer to the legal tort of misappropriation or taking someone’s identity for commercial gain.

Cultural Appropriation is Diversity-related Business Issue

Cultural appropriation or misappropriation are issues of diversity. Cultural appreciation is diversity done right, while cultural appropriation is diversity done with some offense – intended or unintended. This is an issue of diversity in business because when companies take names that are important to the identity of cultural groups, cultural traditions or patterns, this can be seen as appropriation. And this cultural appropriation is a business issue, whether it is acknowledged or not.

For example when Kim Kardashian chose the name Kimono for her shapewear, she was quickly informed by her fans that using the name of a traditional Japanese dress for her underwear line was not acceptable. She apologized and re-branded as Skims. This is an example of cultural appropriation that became a business issue. It could affect the brand reputation if not handled properly and also cost in terms of the rebranding that was later done to fix the problem. From an intellectual property standpoint, it could be considered appropriation because Kardashian chose to use a cultural name – Kimono – as her branding for a commercial product in a way that people from that culture found offensive.

In another example, Timbuktu, which is a fashion brand based out of the UK dropped its trademark claim to Yoruba – the name of a large Nigerian ethnic group – after they were called out for cultural appropriation. A Yoruba woman raised issues with the company claiming trademark rights to the name of her ethnic group, which might have prevented her from using Yoruba to describe her educational and language services.

This cultural appropriation doesn’t always show up as names. For instance, the government of Mexico has complained about cultural appropriation of Mexican cultural heritage by fashion designer Isabel Marant as well as fashion brands Zara and Anthropologie. This was based on effectively copying traditional Mexican clothing and selling it as part of certain fashion lines.

When is Cultural Appropriation Not About Appropriation?

Musician Jack Harlow was slammed for cultural appropriation for wearing a bonnet to a football game earlier this year. Here, as I point out in this short video, this does not appear to be really cultural appropriation. It is hard to make the case that wearing a hair bonnet in public is a widespread cultural practice that pertains to a particular cultural group or that it runs through generations. The comments about Harlow reflect anger about the different treatment Harlow gets when wearing a bonnet in public as compared to the black women who do it and are insulted for doing so. These complaints, while they may be legitimate, are not really about cultural appropriation.

Take a Broad View of Diversity

From a cultural intellectual property standpoint, diversity is essential. Diversity in intellectual property is about how we recognize and protect the cultural heritage of various traditional and indigenous communities. This includes traditional indigenous knowledge and cultural products, to artistic expressions and beyond. From a legal perspective, celebrating cultural heritage in a respectful manner means paying attention to the global legal landscape and showing respect for the range of cultures and intellectual property traditions from different countries.

In today’s globally connected world, diversity is a reality. Diversity is more important than ever – and not just because an overwhelming majority of CEOs and executives have stated their commitment to diversity. We see diversity reflected as part of corporate social responsibility, human rights, and sustainable development goals. In this modern global society, we embrace and celebrate our differences. By doing so, we can create communities that value and respect all individuals and their contributions, regardless of their backgrounds. This allows everyone to flourish.

So let us not fall into the trap of thinking that diversity is about racial divisions or that it is about one group or another. Diversity is about all of us. Let us recognize the full range of diversity that exists within a country, but also across borders. This means acknowledging cultural appropriation rather than dismissing it, and having open conversations about how to be culturally creative but also diverse and inclusive in that creativity.