To millions of “Twilight” fans, the Quileute are Indians whose (fictional) ancient treaty transforms young males of the tribe into vampire-fighting wolves. To the nearly 700 remaining Quileute Indians, “Twilight” is the reason they are suddenly drawing extraordinary attention from the outside — while they themselves remain largely excluded from the vampire series’ vast commercial empire.
Just last month, MSN.com issued an apology to the Quileute for intruding on its territory while videotaping a “Twilight” virtual tour in September. MSN.com sought permission from the Chamber of Commerce in nearby Forks, Wash., but didn’t pay the same courtesy to the Quileute. The video team trespassed onto a reservation cemetery and taped Quileute graves, including those of esteemed tribal leaders. These images were then set to macabre music and, in November, posted on MSN.com. The tribe quickly persuaded MSN.com to remove the Quileute images.
But this was only one episode in the story of the tribe’s phenomenal, and apparently increasing, new fame. “Twilight” has made all things Quileute wildly popular: Nordstrom.com sells items from Quileute hoodies to charms bearing a supposed Quileute werewolf tattoo. And a tour company hauls busloads of fans onto the Quileute reservation daily. Yet the tribe has received no payment for this commercial activity. Meanwhile, half of Quileute families still live in poverty.
It’s important to point out that the outside uses of the Quileute name, from the “Twilight” books to the tattoo jewelry, are quite likely legal. American intellectual property laws, except in very specific circumstances, do not protect indigenous peoples’ collective cultural property.
In fact, many businesses use tribal names without involving the Indians themselves. Consider, for example, well-known products like Jeep Cherokee trucks, Oneida flatware and Apache helicopters — none of which are officially associated with Indian tribes. (The Quileute say they have never been contacted by Ms. Meyer or any of those who use the Quileute name for merchandising.)
The most significant federal law that addresses the marketing of Indian cultural goods — the Indian Arts and Crafts Act, passed in 1935 — is meant to ensure truth in advertising. It requires that any artistic products claiming to have a tribal origin are in fact produced by that tribe. Hopi kachina dolls, for example, must be Hopi-made. But it does not come into play for the Quileute hoodies, jewelry or other goods, because there is no claim they were made by the Quileute.