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U should share royalties with Ute tribe

By John Stafford

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Published: Thursday, November 5, 2009

Updated: Thursday, November 5, 2009

At the U, we take pride in the nomenclature that represents our esteemed institution: the Utes. We wear the name on clothing, identify ourselves with it and decree the superiority—in every fathomable realm—of our mighty Utes to the lowly Cougars. Some would assume that an institution such as the U would stand in solidarity with the people whose name has become our own.

Although appropriation of the Ute name has helped the U garner a great deal of revenue via merchandising, the tribe has not received its rightful cut. A modest share of the tribe’s deserved royalties would prove integral in the betterment of some of our nation’s most marginalized people.

The U has made the Ute name a trademark. Royalties from trademarks are commonly expressed as a percentage of sales or a fixed fee per units sold. This is just the sort of compensation that director of the Utah Division of Indian Affairs and Ute tribe member Forrest Cuch would like to see. Although Cuch described the overall relationship between the U and the Ute tribe in positive terms, he said he would like to see a 1 percent royalty on all Ute merchandise for continued use of the name.

e spoke of the benefits the U has received from the name and said, “(The Ute tribe has) not benefited, our students have not benefited. If you’re going to be the flagship for our tribe, we want our share of the benefits.”

Aside from sharing royalties, another benefit could be an improved outreach to incoming American Indian students who are faced with societal differences.

acia Holliday, an American Indian student in English, said she didn’t pass a test for acceptance into a Writing 2010 course because the way she had been brought up to express herself “was not recognized by the U’s academic standards.” She said she felt “embarrassed and ashamed” because the way she had been taught to communicate “was not valid in the eyes of the administration.” Holliday received help from a volunteer who was familiar with indigenous communication. Holliday was eventually accepted into the class after the volunteer testified on her behalf. She ended up posting the highest grade in the class for that semester.

Unfortunately, the cultural barrier faced by many American Indians is often insurmountable. American Indian communities, especially those on reservations, often have the highest rates of poverty, alcoholism and high school dropouts in the nation. Through increased cultural counseling and provision of the Ute tribe’s deserved royalties, the U can play an integral role in the development of young American Indians, their communities and society as a whole.

uch as the successful American Indian Teacher Training program, which trained American Indian students to teach in their communities—from 2003 to 2008, the program graduated or will graduate 39 American Indian students from the College of Education, compared with only 14 from 1979 to 2002, according to the Coalition to Protect American Indian Education Rights—were cut. This show that the U needs to reiterate its commitment to American Indians. Until then, our connection with the indigenous community will merely be superficial.

letters@chronicle.utah.edu
 

Comments

6 comments
Jared Walking Eagle
Fri Nov 13 2009 03:16
Indigenous America is the most glaring crack in America's self-image; the irritating reminder of that original sin; the blatant contradiction of our hallowed idylls regarding both freedom and equality. It simply cannot be reconciled. American Indians are not seen in a modern context, but rather as the tragic, romanticized figures of of a bygone era--the sage shadows of the American frontier. To portray us in a modern context is to radical to fathom. I wonder why...

j eng (i.e. anonymous), I'd suggest an ethnic studies course.

Cowboy Joe (i.e. anonymous), American Indians possess a unique POLITICAL status--not racial. We're extra-constitutional domestic dependents. Had the U.S. government honored a SINGLE treaty, I doubt this would be an issue. There would be no need to "honor" us by the commodification of our imagery and names.

Your ANONYMOUS comments smack of hubris and naïveté. EDUCATE YOURSELVES WHILE YOU'RE HERE.

Jeff
Sun Nov 8 2009 02:23
If this is the case, I should get royalties from all the schools that have "Saxons" as their mascot. I guess the gays could also sue the university of hawaii for using the "rainbow warriors" as their mascot....
Kappen
Thu Nov 5 2009 14:43
I feel torn inside over this -- I'm not sure how I feel. I'm not sure royalties is the right way, as the value (which money it is) doesn't come from the name Ute. Would a rose by any other name..? At the same time, I realize the effects of poverty and the cycle etc. I would feel better about greater participation from the Tribe so as to end the cycle. However, the greater participation (mediated thru scholarships or etc) should come about from the other side, not from the name. While he talks about trademarks, I would be interested to read a follow-up about the practices of trademarks in other institutions (other schools, sports teams, or etc).

Overall a very interesting article. Thank you!

P.S. After reading the comments, it seems j eng and Cowboy Joe are very emotionally involved, almost vitriolic about the issue. I'm surprised how they derived a complaining (".. stop complaining about them and deal with it like everyone else...") from this article. Mr Joe, contrived the following, ("Quit whining about the U of U using the name ..."). Who are you talking to, and what about? I think both of you are slaying a personal political dragon, but I'm not sure the dragon is going to die.. (on a normative note: it shouldn't die!)

Fair share
Thu Nov 5 2009 12:38
Good piece, John. I absolutely agree that the tribe should see royalties for use of the name. As you note, Native American tribes continue to be some of the poorest Americans and have many barriers to good education. An influx of more dollars would go far, and as the U is essentially "licensed" to use their name, they deserve a share of the benefits of that. The many caucasian "proud Utes" who have attended this university should see the fairness in that.
j eng
Thu Nov 5 2009 12:19
How is the U "the Flagship" of the Ute tribe, so we use their name for our mascott, how does that make us "the Flagship"? And I don't buy the whole "Cultural Barrier" thing native americans keep trying to push. As an engineering student i'm surrounded by students that are natively from India, Pakistan, Asia, and everywhere else, yet even these students from other countries seem to be flourishing at the U. I'm sick of the "poor me" attitude. Yes, you may face some hurdles, but stop complaining about them and deal with it like everyone else seems to be doing. I would rather the U drop the "Ute" mascott altogether than constantly be involved in a battle to make amends with the Ute tribe that unfortunetely like so many other native American tribes has played into looking for money for nothing instead of earning it. Stop trying to make us feel bad because we use your tribe name as a mascott, you should feel honored that such an awesome school uses your name. Our tax dollars have been going to tribes for years and no matter how much they get they are never happy, always looking for more ways to get it for doing nothing.
Cowboy Joe
Thu Nov 5 2009 11:23
I think the Utes should only get royalties, if they do all of the following:
1 - Quit whining about the U of U using the name, mascots, images, etc of "Utes". Remember, emulation means someboby actually likes something about you, or something you do.
2 - Quit taking special educational subsidies and scholarships based on race. Remember, these were set up as restitution for past wrong choices by the government long before they were ever born. I think this has gone on long enough, and non of the living Utes were alive when the past government actions removed them from their lands.
3 - I think there would need to be actually some real native american Ute players on every Ute sports team, for any royalties to be paid.
4 - You don't need any more "diversity" requirement in classes and enrollment at the U of U, if it becomes an actual "Ute" native american university.
3 -






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