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WIPO Intellectual Property and the Safeguarding of Traditional Cultures: legal issues and practical options for museums, libraries and archives

“Through examples and analysis, this publication explores areas of cultural heritage and IP law and policy in order to elucidate questions and issues relating to the management of collections, documents, and recordings related to TCEs [Traditional Cultural Expressions] by museums, libraries, archives, and other cultural institutions. It explores the role, responsibilities, and range of activities of museums, libraries and archives which raise IP and TCEs considerations.

 

The publication lays out the IP issues that may arise when acquiring, preserving, displaying, communicating and re-using TCEs and cultural heritage materials. The focus and structure is the interface between the preservation, protection, and promotion of TCEs, both tangible and intangible. Cultural institutions usually hold (i) tangible expressions (products of arts and handicrafts) and (ii) materializations (photographs, films, audio and audiovisual recordings, transcripts, descriptions) of tangible and intangible expressions and practices. Cultural institutions do not hold – as such – intangible TCEs; what they may do is invite communities to stage/enact intangible practices, expressions or representations on their premises… In acknowledging the current gaps in the legal management of such collections, the function of this publication is to address a range of questions that cultural institutions are currently grappling with, in the management of their collections, namely:

 

  • What are TCEs?
  • What are the specific IP laws relating to cultural institutions and repositories of TCEs?
  • What are the specific IP issues that arise when dealing with TCEs?
  • What alternative practices in managing TCEs exist?
  • What options are there if conflicts emerge?
  • What are examples of good practices that could be useful to emulate?

 

This publication addresses copyright and related rights law, touches on trademark law as currently written and construed in a range of jurisdictions and references other relevant IP laws in the context of TCEs.”