The Long Tail of the Rainbow Serpent: New Technologies and the Protection and Promotion of Traditional Cultural Expressions

New technologies, in particular those stemming from digitisation, allow amongst other things the production of perfect copies, instantaneous and ubiquitous distribution of and easy access to information with no real location restrictions. The effects of these technological advances have largely been perceived as negative for the protection of traditional cultural expressions (TCE), both because of the peculiarities of the digital networked environment and because of the lack of appropriate intellectual property protection models for TCE. The purpose of this article is, while accounting for the diversity and complexity of issues related to TCE, to reveal a more positive side of digital technologies. It shows the potential of these to be proactively applied and the further reaching possibilities for designing an efficient multi-level and multi-faceted toolbox for the protection and promotion of TCE in the digital ecology.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

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.

Sui Generis Rights for the Protection of Traditional Cultural Expressions Policy Implications

Within the international community there have been many calls for better protection of traditional cultural expressions (TCEs), for which classic instruments of intellectual property rights do not seem to fit. In response, at least five model laws have been advanced within the last 40 years. These are referred to as sui generis because, though they generally belong to the realm of intellectual property they structurally depart from classic copyright law to accommodate the needs of the holders of TCEs. The purpose of this paper is to provide a well-founded basis for national policy makers who wish to implement protection for TCEs within their country. This is achieved by systematically comparing and evaluating economic effects that can be expected to result from these regulatory alternatives and a related system or private ordering. Specifically, we compare if and how protection preferences of local communities are met as well as the social costs that are likely to arise from the different model laws.

Digital Technologies and Traditional Cultural Expressions : A Positive Look at a Difficult Relationship

Digital technologies have often been perceived as imperilling traditional cultural expressions (TCE). This angst has interlinked technical and socio-cultural dimensions. On the technical side, it is related to the affordances of digital media that allow, among other things, instantaneous access to information without real location constraints, data transport at the speed of light and effortless reproduction of the original without any loss of quality. In a socio-cultural context, digital technologies have been regarded as the epitome of globalisation forces - not only driving and deepening the process of globalisation itself but also spreading its effects. The present article examines the validity of these claims and sketches a number of ways in which digital technologies may act as benevolent factors. We illustrate in particular that some digital technologies can be instrumentalised to protect TCE forms, reflecting more appropriately the specificities of TCE as a complex process of creation of identity and culture. The article also seeks to reveal that digital technologies - and more specifically the Internet and the World Wide Web - have had a profound impact on the ways cultural content is created, disseminated, accessed and consumed. We argue that this environment may have generated various opportunities for better accommodating TCE, especially in their dynamic sense of human creativity.

New Technologies and the Protection and Promotion of Traditional Cultural Expressions

New technologies, in particular those stemming from digitization, allow amongst other things the production of perfect copies, instantaneous and ubiquitous distribution of and easy access to information with no real location restrictions. The effects of these technological advances have largely been perceived as negative for the protection of Traditional Cultural Expressions (TCE), both because of the peculiarities of the digital networked environment and because of the lack of appropriate intellectual property protection models for TCE. The purpose of this article is, while accounting for the diversity and complexity of issues related to TCE, to reveal a more positive side of digital technologies. It shows the potential of these to be proactively applied and the further reaching possibilities for designing an efficient multi-level and multi-faceted toolbox for the protection and promotion of TCE in the digital ecology.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment. Preface

In the face of increasing globalisation, there is a pressing need for innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) that also suggest appropriate protection mechanisms for them. The book to which this preface belongs 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. It reflects also upon the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer some opportunities for revitalising indigenous peoples' values and provide for the sustainability of TCE.

Cultural development and technical and financial assistance on the basis of the CDCE (Convention on diversity of cultural expressions)

info:eu-repo/semantics/published

Advancing the Goals of the 2005 UNESCO Convention on the Diversity of Cultural Expressions in the Fields of Education, Participation of Civil Society and Sustainable Development

This is a contribution to an expert opinion to be submitted to Intergovernmental Committee of the UNESCO Convention on Cultural Diversity. It seeks to identify recommendations for action in the fields of education, participation of the civil society and sustainable development (under respectively Articles 10, 11 and 13 of the Convention), which are to be specifically targeted taking into account the changed and changing conditions of the digital networked environment.

Implementation of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in the Digital Age: Challenges, Priority Actions and Recommendations

Report presented to the Intergovernmental Committee of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions Seventh Ordinary Session, Paris, December 10-­‐13, 2013

“Animanazo”. Song and memories. Cultural expressions and movements in the reconstruction of the past inside a north Argentinian town

This article analyses the context of production and local situations of appropriation and resignification related to the folk song “Fire on Animaná” as well as the request and mobilization (“The animanazo”) provoked by this song in order to examine different mechanisms and foundations by which a population connect with an event from its community past, identifying with this and taking it in a specific way. In this article we combine discourse analysis of the song and of interviews to participants in this event with the reconstruction —through ethnographic observation— of how to use this song.

Symbols of Paraná in different kinds of cultural expressions

ABSTRACT: The “azure jay” and the “pine tree” are among the most acknowledged representative symbols from Parana State in Brazil. They have been referenced by many different kinds of artistic expressions, such as theater, poetry and music. Along the years the tales about these cultural images have inspired regional and nationally recognized poets, writers and composers. In this perspective, considering the importance of these local symbols, this paper aims to verify how distinct kinds of artistic production, such as literary and musical works, depict these acknowledged symbols. So, as corpus to this research we took three texts. The first one is the song Gralha azul (1968), composed by Inami Custódio Pinto, which is considered one of the most outstanding songs of the cultural repertoire from Parana State. The second one is the poem Araucária (1999), by Helena Kolody. The third one is A lenda do pinheiro e a gralha azul (1972), which is in the first publication about blue azure jay’s tales, the book A sombra dos pinheirais (1925), by Eurico Branco Ribeiro. We analyze some lexical units such as “azure jay”, “pine tree” and “pinion”, trying to describe their meanings conveyed by the selected artistic work. The theoretical basis that guides this work are the Lexicology and Lexicography studies (BIDERMAN, 2001a, 2001b, 2001c), discussing the existing relation between lexicon, society and culture.   KEYWORDS: Lexicon; Symbols of Parana; Culture of Parana.    

Indigenous Intellectual Property: A Handbook of Contemporary Research

Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities. Preface The Legacy of David Unaipon Matthew Rimmer Introduction: Mapping Indigenous Intellectual Property Matthew Rimmer PART I INTERNATIONAL LAW 1. The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Indigenous Intellectual Property Mauro Barelli 2. The WTO, The TRIPS Agreement and Traditional Knowledge Tania Voon 3. The World Intellectual Property Organization and Traditional Knowledge Sara Bannerman 4. The World Indigenous Network: Rio+20, Intellectual Property, Indigenous Knowledge, and Sustainable Development Matthew Rimmer PART II COPYRIGHT LAW AND RELATED RIGHTS 5. Government Man, Government Painting? David Malangi and the 1966 One-Dollar Note Stephen Gray 6. What Wandjuk Wanted Martin Hardie 7. Avatar Dreaming: Indigenous Cultural Protocols and Making Films Using Indigenous Content Terri Janke 8. The Australian Resale Royalty for Visual Artists: Indigenous Art and Social Justice Robert Dearn and Matthew Rimmer PART III TRADE MARK LAW AND RELATED RIGHTS 9. Indigenous Cultural Expression and Registered Designs Maree Sainsbury 10. The Indian Arts and Crafts Act: The Limits of Trademark Analogies Rebecca Tushnet 11. Protection of Traditional Cultural Expressions within the New Zealand Intellectual Property Framework: A Case Study of the Ka Mate Haka Sarah Rosanowski 12 Geographical Indications and Indigenous Intellectual Property William van Caenegem PART IV PATENT LAW AND RELATED RIGHTS 13. Pressuring ‘Suspect Orthodoxy’: Traditional Knowledge and the Patent System Chidi Oguamanam, 14. The Nagoya Protocol: Unfinished Business Remains Unfinished Achmad Gusman Siswandi 15. Legislating on Biopiracy in Europe: Too Little, too Late? Angela Daly 16. Intellectual Property, Indigenous Knowledge, and Climate Change Matthew Rimmer PART V PRIVACY LAW AND IDENTITY RIGHTS 17. Confidential Information and Anthropology: Indigenous Knowledge and the Digital Economy Sarah Holcombe 18. Indigenous Cultural Heritage in Australia: The Control of Living Heritages Judith Bannister 19. Dignity, Trust and Identity: Private Spheres and Indigenous Intellectual Property Bruce Baer Arnold 20. Racial Discrimination Laws as a Means of Protecting Collective Reputation and Identity David Rolph PART VI INDIGENOUS INTELLECTUAL PROPERTY: REGIONAL PERSPECTIVES 21. Diluted Control: A Critical Analysis of the WAI262 Report on Maori Traditional Knowledge and Culture Fleur Adcock 22. Traditional Knowledge Governance Challenges in Canada Jeremy de Beer and Daniel Dylan 23. Intellectual Property protection of Traditional Knowledge and Access to Knowledge in South Africa Caroline Ncube 24. Traditional Knowledge Sovereignty: The Fundamental Role of Customary Law in Protection of Traditional Knowledge Brendan Tobin Index

Património Cultural Imaterial: MEMORIAMEDIA e-Museu - métodos, técnicas e práticas / Intagible Cultural Heritage: MEMORIAMEDIA e-Museum - methods, techniques and practices

O projeto MEMORIAMEDIA tem como objetivos o estudo, a inventariação e divulgação de manifestações do património cultural imaterial: expressões orais; práticas performativas; celebrações; o saber-fazer de artes e ofícios e as práticas e conhecimentos relacionados com a natureza e o universo. O MEMORIAMEDIA iniciou em 2006, em pleno debate nacional e internacional das questões do património cultural imaterial. Este livro cruza essas discussões teóricas, metodológicas e técnicas com a caracterização do MEMORIAMEDIA. Os resultados do projeto, organizados num inventário nacional, estão publicados no site www.memoriamedia.net, onde se encontram disponíveis para consulta e partilha. Filomena Sousa é investigadora de pós-doutoramento em antropologia (FCSH/UNL) e doutorada em sociologia (ISCTE-IUL). Membro integrado no Instituto de Estudos de Literatura e Tradição - patrimónios, artes e culturas (IELT) da FCSH/UNL e consultora da Memória Imaterial CRL – organização não-governamental autora e gestora do projeto MEMORIAMEDIA. Desenvolve investigação no âmbito das políticas e instrumentos de identificação, documentação e salvaguarda do património cultural imaterial e realizou vários documentários sobre expressões culturais.