Intellectual Property And Traditional Cultural Expressions In A Digital Environment
Christoph Beat Graber
, Mira Burri-Nenova
Edited by Christoph Beat Graber, member of i-call, the research centre for communication and art law, University of Lucerne, Switzerland and Mira Burri-Nenova, World Trade Institute, University of Bern, Switzerland
|2008 352 pp Hardback 978 1 84720 921 4
|ebook isbn 978 1 84844 391 4
Hardback £97.00 on-line price £87.30
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‘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?
Contributors: C. Antons, H. Burkert, M. Burri-Nenova, E.B. Coleman, M. Dommann, A. Fischer-Lescano, J. Gibson, M.A. Girsberger, C.B. Graber, F. Macmillan, M. Sahlfeld, G. Teubner, W.B. Wendland
Full table of contents
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.
PART I: LOCAL TRADITIONS AND GLOBAL LAW
1. Lost in Tradition? Reconsidering the History of Folklore and its Legal Protection Since 1800
2. Cannibalizing Epistemes: Will Modern Law Protect Traditional Cultural Expressions?
Gunther Teubner and Andreas Fischer-Lescano
PART II: INTELLECTUAL PROPERTY AND HUMAN RIGHTS
3. The Disneyland of Cultural Rights to Intellectual Property: Anthropological and Philosophical Perspectives
Elizabeth Burns Coleman
4. Human Rights, Cultural Property and Intellectual Property: Three Concepts in Search of a Relationship
5. Using Human Rights to Tackle Fragmentation in the Field of Traditional Cultural Expressions: An Institutional Approach
Christoph Beat Graber
PART III: INTELLECTUAL PROPERTY LAW AND POLICY
6. Legal Protection of Traditional Cultural Expressions: A Policy Perspective
Martin A. Girsberger
7. ‘It’s a Small World (After All)’: Some Reflections on Intellectual Property and Traditional Cultural Expressions
Wend B. Wendland
8. The Lay of the Land: The Geography of Traditional Cultural Expression
PART IV: NEW TECHNOLOGIES AND DEVELOPMENT
9. The Long Tail of the Rainbow Serpent: New Technologies and the Protection and Promotion of Traditional Cultural Expressions
10. New Information and Communication Technologies, Traditional Cultural Expressions and Intellectual Property Lawmaking - A Polemic Comment
11. Commercializing Cultural Heritage? Criteria for a Balanced Instrumentalization of Traditional Cultural Expressions for Development in a Globalized Digital Environment
12. Traditional Cultural Expressions and their Significance for Development in a Digital Environment: Examples from Australia and Southeast Asia
Excerpts from Documents of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore