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Author | : Christoph Antons |
Publisher | : Routledge |
Total Pages | : 247 |
Release | : 2017-12-06 |
Genre | : Social Science |
ISBN | : 1317500539 |
Download Intellectual Property, Cultural Property and Intangible Cultural Heritage Book in PDF, ePub and Kindle
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.
Author | : Toshiyuki Kono |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Cultural property |
ISBN | : 9789050957588 |
Download Intangible Cultural Heritage and Intellectual Property Book in PDF, ePub and Kindle
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.
Author | : Patricia Covarrubia |
Publisher | : Taylor & Francis |
Total Pages | : 172 |
Release | : 2022-11-30 |
Genre | : Law |
ISBN | : 1000791041 |
Download Transboundary Heritage and Intellectual Property Law Book in PDF, ePub and Kindle
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 in 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, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder 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.
Author | : Jessica Christine Lai |
Publisher | : Springer Science & Business Media |
Total Pages | : 342 |
Release | : 2014-01-08 |
Genre | : Law |
ISBN | : 331902955X |
Download Indigenous Cultural Heritage and Intellectual Property Rights Book in PDF, ePub and Kindle
Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Author | : Marie Cornu |
Publisher | : Edward Elgar Publishing |
Total Pages | : 224 |
Release | : 2020-09-25 |
Genre | : Law |
ISBN | : 1839100036 |
Download Intangible Cultural Heritage Under National and International Law Book in PDF, ePub and Kindle
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.
Author | : Fiona Macmillan |
Publisher | : Routledge |
Total Pages | : 228 |
Release | : 2020-11-12 |
Genre | : Art |
ISBN | : 0429759215 |
Download Intellectual and Cultural Property Book in PDF, ePub and Kindle
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.
Author | : Toshiyuki Kono |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : |
ISBN | : |
Download Intangible Cultural Heritage and Intellectual Property Book in PDF, ePub and Kindle
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.
Author | : Harriet Deacon |
Publisher | : HSRC Press |
Total Pages | : 86 |
Release | : 2004 |
Genre | : Anthropology |
ISBN | : 9780796920744 |
Download The Subtle Power of Intangible Heritage Book in PDF, ePub and Kindle
Publisher Description
Author | : Charlotte Waelde |
Publisher | : Edward Elgar Publishing |
Total Pages | : |
Release | : 2018-09-28 |
Genre | : Law |
ISBN | : 1786434016 |
Download Research Handbook on Contemporary Intangible Cultural Heritage Book in PDF, ePub and Kindle
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.
Author | : Megan Rae Blakely |
Publisher | : Taylor & Francis |
Total Pages | : 142 |
Release | : 2024-06-18 |
Genre | : Law |
ISBN | : 1040040489 |
Download Technology, Intellectual Property Law and Culture Book in PDF, ePub and Kindle
Focusing on cultural expressions that are most likely to intermingle with copyright law, trademark and IP-adjacent regulations, this book examines contemporary issues in technology, intellectual property law, and culture. Intangible Cultural Heritage can consist of traditional knowledge, songs, craftsmanship, dance, and other practices, as well as the associated cultural artefacts and spaces; a widely varied global living heritage, transmitted generationally, must be allowed to organically evolve, often defying the process of identification so desirable in the realm of legal protections. This nebulous essence is particularly ill-suited to modern legal frameworks that can conflate the creative outputs that copyright is meant to protect with shared cultural practices. Combining a legal perspective with historical tact, the book develops a theoretical model to track the interaction amongst these issues as well as to make policy recommendations based on the existing and projected possible future outcomes. Several chapters of the book will be dedicated to contemporary issues where this framework and interaction are currently developing, focussing on law and technology issues with archiving and museums, online platforms and copyright infringement, and communities and creative production in virtual worlds. The book will be of interest to students and scholars in the field of copyright law and intellectual property law.