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Intellectual Property, Cultural Property and Intangible Cultural Heritage

2017-12-06 Social Science
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Release : 2017-12-06
Genre : Social Science
Kind : eBook
Book Rating : 539/5 ( reviews)

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Book Synopsis Intellectual Property, Cultural Property and Intangible Cultural Heritage by : Christoph Antons

Download or read book Intellectual Property, Cultural Property and Intangible Cultural Heritage written by Christoph Antons. This book was released on 2017-12-06. Available in PDF, EPUB and Kindle. Book excerpt: 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

2020-11-12 Art
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Release : 2020-11-12
Genre : Art
Kind : eBook
Book Rating : 215/5 ( reviews)

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Book Synopsis Intellectual and Cultural Property by : Fiona Macmillan

Download or read book Intellectual and Cultural Property written by Fiona Macmillan. This book was released on 2020-11-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

2014-01-10 Law
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Release : 2014-01-10
Genre : Law
Kind : eBook
Book Rating : 649/5 ( reviews)

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Book Synopsis Intellectual Property, Traditional Knowledge and Cultural Property Protection by : Sharon Le Gall

Download or read book Intellectual Property, Traditional Knowledge and Cultural Property Protection written by Sharon Le Gall. This book was released on 2014-01-10. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Cultural Heritage Law

2015 Law
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Release : 2015
Genre : Law
Kind : eBook
Book Rating : 512/5 ( reviews)

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Book Synopsis International Cultural Heritage Law by : Janet E. Blake

Download or read book International Cultural Heritage Law written by Janet E. Blake. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

Intangible Cultural Heritage and Intellectual Property

2009 Cultural property
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Release : 2009
Genre : Cultural property
Kind : eBook
Book Rating : 588/5 ( reviews)

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Book Synopsis Intangible Cultural Heritage and Intellectual Property by : Toshiyuki Kono

Download or read book Intangible Cultural Heritage and Intellectual Property written by Toshiyuki Kono. This book was released on 2009. Available in PDF, EPUB and Kindle. Book excerpt: 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 urbanization, large-scale migration, severe environmental change, and globalization. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognized 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, this 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 conceptualization 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. With the book's variety of contributions, the common thread is the 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.

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