“Anonymous, Untitled, Mixed Media”: Mixing Intellectual Property Law with Other Legal Philosophies to Protect Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

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Promoting Traditional Cultural Expressions via YouTube

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2019.19.1.2419 ◽

2019 ◽

Vol 19 (1) ◽

pp. 19

Author(s):

Laina Rafianti ◽

Ahmad M. Ramli ◽

Rika Ratna Permata

Keyword(s):

Intellectual Property ◽

Economic Benefit ◽

Research Approach ◽

Property Law ◽

Legal Research ◽

Question Mark ◽

Intellectual Property Law ◽

Cultural Expressions ◽

Traditional Cultural Expressions

YouTube is a potential media to promote Indonesian traditional cultural expressions in Indonesia. Even though the promotion of traditional cultural expressions is growing fast, the communal intellectual property law is still a big question mark. The purposes of this paper are, first, to identify how YouTube impact on utilizing Indonesian culture, to analyze how to gain economic benefit from broadcasting through YouTube, and to note how to balance rights and obligations between traditional cultural expressions stakeholders. From a methodological standpoint, this paper used both a normative and ethnography-legal research approach. This paper result is, first, YouTube gives influence directly and indirectly to the promotion of traditional cultural expressions; and second, custodian and performers of traditional cultural expressions potentially receive the economic benefit from broadcasting through YouTube. Ultimately, petahelix approach is required in obtaining a balance right and obligation between traditional cultural stakeholders.Keywords: YouTube, Traditional Cultural Expressions, Intellectual Property, Copyright

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Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

International Community Law Review ◽

10.1163/18719732-12341255 ◽

2013 ◽

Vol 15 (3) ◽

pp. 319-339 ◽

Cited By ~ 4

Author(s):

Caroline Joan S. Picart ◽

Marlowe Fox

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Property Rights ◽

Traditional Knowledge ◽

Intellectual Property Rights ◽

Indigenous Peoples ◽

Property Law ◽

Cultural Expression ◽

Intellectual Property Law ◽

Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

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Intellectual Property Law and the Globalization of Indigenous Cultural Expressions: Māori Tattoo and the Whitmill versus Warner Bros. Case

Theory Culture & Society ◽

10.1177/0263276412474328 ◽

2013 ◽

Vol 30 (3) ◽

pp. 61-81 ◽

Cited By ~ 2

Author(s):

Leon Tan

Keyword(s):

Intellectual Property ◽

Property Law ◽

Intellectual Property Law ◽

Cultural Expressions

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Part II Substantive Aspects, Ch.20 Cultural Heritage and Intellectual Property

The Oxford Handbook of International Cultural Heritage Law ◽

10.1093/law/9780198859871.003.0020 ◽

2020 ◽

Author(s):

Burri Mira

Keyword(s):

Intellectual Property ◽

Cultural Heritage ◽

Traditional Knowledge ◽

Copyright Protection ◽

Property Law ◽

Legal Regime ◽

Intellectual Property Law ◽

The Creation ◽

Traditional Cultural Expressions ◽

The Relationship

This chapter examines the protection of both cultural heritage and intellectual property. The relationship between cultural heritage and intellectual property evolves in a profoundly complex setting—with many institutions and actors involved, often with very different or even divergent interests, and within a fragmented legal regime. Although intellectual property law has developed sophisticated rules with regard to a variety of intellectual property forms, it is based on certain author-centred and mercantilist premises that do not work so well with the protection of traditional knowledge (TK) and traditional cultural expressions (TCE). Nevertheless, in the fields of patent, trademark, and copyright protection, there are tools that may provide some, albeit imperfect, protection of TK and TCE. The chapter maps the mismatches and the gaps and asks whether these can be addressed in some viable way—be it through adjusting the existing rules or through the creation of new tailored models of protection.

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PROTECTION OF MELINTING DANCE AS HERITAGE CULTURE FROM LAMPUNG SOCIETY CUSTOM IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW SYSTEM

Indonesian Private Law Review ◽

10.25041/iplr.v1i1.2045 ◽

2020 ◽

Vol 1 (1) ◽

pp. 23 ◽

Cited By ~ 1

Author(s):

Reza Aditya Ramadhan

Keyword(s):

Intellectual Property ◽

Provincial Government ◽

Property Law ◽

Traditional Dance ◽

Cultural Expressions ◽

The Republic ◽

The Government ◽

Protecting Intellectual Property ◽

Traditional Cultural Expressions

The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.

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