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DIVAn ethnography of inellectual property, discussing the uses made of items of inellectual property by various cultural groups -- for purposes of identity, solidaritiy, resistance and so forth. /div
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.
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.
This book is designed as a practical tool to help foment a business culture founded upon a working knowledge of and respect for IP, with particular attention to patents and trade secrets. It targets common issues that clients newer to IP can expect to face and suggests ways to navigate throughthe tangle of IP laws both in the United States and abroad. It is easy to navigate and uses plain English in its presentation of practice forms, business practice guidelines, and explanations of patent law. The book is designed to incorporate anecdotes from the author's "real-world" practice (asboth a private practitioner working for institutional corporate clients at a large law firm and subsequently with his own boutique law practice), and where appropriate it makes liberal reference to statistics, actual and hypothetical case studies, and practical checklists.
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
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.
The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.
The nineteenth century witnessed a series of revolutions in the production and circulation of images. From lithographs and engraved reproductions of paintings to daguerreotypes, stereoscopic views, and mass-produced sculptures, works of visual art became available in a wider range of media than ever before. But the circulation and reproduction of artworks also raised new questions about the legal rights of painters, sculptors, engravers, photographers, architects, collectors, publishers, and subjects of representation (such as sitters in paintings or photographs). Copyright and patent laws tussled with informal cultural norms and business strategies as individuals and groups attempted to exert some degree of control over these visual creations. With contributions by art historians, legal scholars, historians of publishing, and specialists of painting, photography, sculpture, and graphic arts, this rich collection of essays explores the relationship between intellectual property laws and the cultural, economic, and technological factors that transformed the pictorial landscape during the nineteenth century. This book will be valuable reading for historians of art and visual culture; legal scholars who work on the history of copyright and patent law; and literary scholars and historians who work in the field of book history. It will also resonate with anyone interested in current debates about the circulation and control of images in our digital age.
Logos, trademarks, national insignia, brand names, celebrity images, design patents, and advertising texts are vibrant signs in a consumer culture governed by a regime of intellectual property laws. In The Cultural Life of Intellectual Properties, professor of law and cultural anthropologist Rosemary J. Coombe brings an illuminating ethnographic approach to an analysis of authorship and the role law plays in shaping the various meanings that animate these protected properties in the public sphere. Although such artifacts are ubiquitous in contemporary culture, little attention has been paid to the impact of intellectual property law in everyday life or to how ownership of specific intellectual properties is determined and exercised. Drawing on a wide range of cases, disputes, and local struggles, Coombe examines these issues and dismantles the legal assumption that the meaning and value of a text or image is produced exclusively by an individual author or that authorship has a single point of origin. In the process, she examines controversies that include the service of turbanned Sikhs in the Royal Canadian Mounted Police and the use of the term Olympic in reference to the proposed gay Olympic Games. Other chapters discuss the appropriation of such celebrity images as the Marx brothers, Judy Garland, Dolly Parton, James Dean, and Luke Skywalker; the conflict over team names such as the Washington Redskins; and the opposition of indigenous peoples to stereotypical Native American insignia proffered by the entertainment industry. Ultimately, she makes a case for redefining the political in commodified cultural environments. Significant for its insights into the political significance of current intellectual property law, this book also provides new perspectives on debates in cultural anthropology, cultural studies, and political theory. It will therefore interest both a wide scholarly and a general audience.
This book offers an original account of how contemporary intellectual property rights regimes could be adapted to suit traditional knowledge. It examines the ways in which international developments to protect collectively held knowledge typically associated with Indigenous Peoples could de developed to protect cultural signifiers which lies outside the scope of intellectual property protection. The book considers case studies such as the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón, a musical instrument, of Peru, and sets out how rights proposed for these cultural signifiers might be implemented both internationally and domestically.