Intellectual Property Cultural Property And Intangible Cultural Heritage


Intellectual Property Cultural Property And Intangible Cultural Heritage
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Intellectual Property Cultural Property And Intangible Cultural Heritage


Intellectual Property Cultural Property And Intangible Cultural Heritage
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Author : Christoph Antons
language : en
Publisher: Routledge
Release Date : 2017-12-06

Intellectual Property Cultural Property And Intangible Cultural Heritage written by Christoph Antons and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Social Science categories.


Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.



Intellectual And Cultural Property


Intellectual And Cultural Property
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Author : Fiona Macmillan
language : en
Publisher: Routledge
Release Date : 2020-11-12

Intellectual And Cultural Property written by Fiona Macmillan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Art categories.


This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.



Transboundary Heritage And Intellectual Property Law


Transboundary Heritage And Intellectual Property Law
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Author :
language : en
Publisher:
Release Date : 2022-12

Transboundary Heritage And Intellectual Property Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12 with categories.


"Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities, and local communities developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trademarks, geographical indications, and sui generis rights; the book explores problems and challenges for intangible cultural heritage in cross borders situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies and anthropology"--



International Cultural Heritage Law


International Cultural Heritage Law
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Author : Janet E. Blake
language : en
Publisher: Cultural Heritage Law and Poli
Release Date : 2015

International Cultural Heritage Law written by Janet E. Blake and has been published by Cultural Heritage Law and Poli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.


This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.



Intellectual Property Traditional Knowledge And Cultural Property Protection


Intellectual Property Traditional Knowledge And Cultural Property Protection
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Author : Sharon B. Le Gall
language : en
Publisher: Routledge
Release Date : 2014-01-10

Intellectual Property Traditional Knowledge And Cultural Property Protection written by Sharon B. Le Gall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-10 with Law categories.


International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.



Intangible Cultural Heritage And Intellectual Property


Intangible Cultural Heritage And Intellectual Property
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Author : Toshiyuki Kono
language : en
Publisher:
Release Date : 2011

Intangible Cultural Heritage And Intellectual Property written by Toshiyuki Kono and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.


The intangible cultural heritage (ICH) of the world's communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanisation, large-scale migration, severe environmental change and globalisation. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognised the importance of ICH, both as a mainspring of cultural diversity and a source of sustainable development. Early efforts to implement the convention are bringing to light issues that are crucial to the survival of ICH. Many of these involve its interaction with intellectual property law. To clarify the relationship between these two fields, the present volume gathers the views of scholars and practitioners with diverse expertise and national backgrounds. They examine four main issues: the construction and operation of ICH inventories; the conceptualisation of the “community” as a holder of ICH; how to obtain the community's prior informed consent; and the pros and cons of various regulatory regimes. Despite the variety in the contributions, the common thread in the book is the authors' belief that regulatory regimes must be designed so that ICH will not only be safeguarded in archives and museums but also in its living form.



Intangible Cultural Heritage Under National And International Law


Intangible Cultural Heritage Under National And International Law
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Author : Marie Cornu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-09-25

Intangible Cultural Heritage Under National And International Law written by Marie Cornu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.


This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.



Intellectual Property And The Safeguarding Of Traditional Cultures Legal Issues And Practical Options For Museums Libraries And Archives


Intellectual Property And The Safeguarding Of Traditional Cultures Legal Issues And Practical Options For Museums Libraries And Archives
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2010

Intellectual Property And The Safeguarding Of Traditional Cultures Legal Issues And Practical Options For Museums Libraries And Archives written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.


This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.



Intellectual Property And Traditional Cultural Expressions In A Digital Environment


Intellectual Property And Traditional Cultural Expressions In A Digital Environment
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Author : Christoph Beat Graber
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01

Intellectual Property And Traditional Cultural Expressions In A Digital Environment written by Christoph Beat Graber and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.


This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field. Rosemary J. Coombe, York University, Canada The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection. Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication. Michael F. Brown, Williams College, US and author of Who Owns Native Culture? In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples values and provide for the sustainability of TCE. This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.



Research Handbook On Contemporary Intangible Cultural Heritage


Research Handbook On Contemporary Intangible Cultural Heritage
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Author : Charlotte Waelde
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28

Research Handbook On Contemporary Intangible Cultural Heritage written by Charlotte Waelde and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.


Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.