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

2013 ◽  
Vol 30 (3) ◽  
pp. 61-81 ◽  
Author(s):  
Leon Tan
2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet

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).


2019 ◽  
Vol 19 (1) ◽  
pp. 19
Author(s):  
Laina Rafianti ◽  
Ahmad M. Ramli ◽  
Rika Ratna Permata

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


Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman

Sign in / Sign up

Export Citation Format

Share Document