scholarly journals Confining Cultural Expression: How the Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion

2017 ◽  
Author(s):  
April Hathcock
Keyword(s):  
Cultural Heritage ◽  
Cultural Production ◽  
Copyright Law ◽  
Cultural Property ◽  
Future Generations ◽  
Cultural Work ◽  
Clear Correlation ◽  
Cultural Expression ◽  
Primary Means

Copyright law is the primary means by which society preserves and protects valued cultural heritage. There is a clear correlation between that which is protected and that which is valued by society for the continued enjoyment of future generations. However, this truth becomes troubling when it is considered that modern copyright continues to espouse antiquated ideals of acceptable cultural production, to the exclusion of the cultural property of many historically marginalized people groups. This article takes a critical look at copyright law to deconstruct the ways in which historical values and assumptions continue to color the modern protection of cultural creation, thereby confining cultural expression and barring protection to the cultural work of the marginalized.

scholarly journals WYBRANE ZAGADNIENIA WŁASNOŚCI ZABYTKÓW I DZIEŁ SZTUKI W PRAWIE PRL-U

2016 ◽  
Vol 11 (2) ◽  
pp. 171 ◽  
Author(s):  
Alicja Jagielska-Burduk
Keyword(s):  
Cultural Heritage ◽  
Public Interest ◽  
Legal Status ◽  
Private Property ◽  
Cultural Property ◽  
Future Generations ◽  
The Public ◽  
Common Heritage ◽  
Works Of Art ◽  
The Common

LEGAL STATUS OF CULTURAL PROPERTY AND WORKS OF ART IN THE PRL Summary The article deals with the legal status of works of art and cultural property in the Polish legislation during communism period. Classifying those objects as private property was considered as a very difficult task, because of their material value and the public interest in saving them for future generations. The strict limitations of individuals property were perceived as unusual and as a result a new sort of property – the private cultural property was distinguished. Moreover, the concepts of the common heritage and res extra commercium could be observed in the light of the PRL ideas. It should be emphasized that the above mentioned theories for improving cultural heritage regulations are the most popular in the nowadays’ international discussion.

scholarly journals Challenges at the Europeana Space project

2017 ◽  
Author(s):  
Charlotte Waelde ◽  
Sarah Whatley
Keyword(s):  
Cultural Heritage ◽  
Digital Technologies ◽  
Copyright Law ◽  
Future Generations ◽  
Intangible Cultural Heritage ◽  
Space Project ◽  
Funded Project ◽  
Legal Frameworks

Digital technologies enable us to visualize dance in new ways and to capture recordings of dance which may be preserved and handed down to future generations. In this way, dance starts to become part of our intangible cultural heritage. But capturing dance also raises questions of authorship and ownership of copyright in both the dance and the recording of the dance. Challenges arising at the intersections between the legal frameworks of intangible cultural heritage and copyright have surfaced in an EU-funded project, Europeana Space. This contribution describes the E-Space project and the place of dance within it, and it introduces work being done at the Centre for Dance Research at Coventry University on dance and examines the intersections between copyright law and the international legal frameworks applicable to safeguarding intangible cultural heritage.

scholarly journals Karya Cipta Ekspresi Budaya Tradisional: Studi Empiris Perlindungan Tari Tradisional Bali di Kabupaten Bangli

2018 ◽  
Vol 7 (1) ◽  
pp. 51
Author(s):  
Ida Ayu Sukihana ◽  
I Gede Agus Kurniawan
Keyword(s):  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Research Method ◽  
Deep Understanding ◽  
Legal Protection ◽  
Copyright Law ◽  
Legal Research ◽  
Cultural Expression ◽  
Traditional Dance

Traditional Knowledge and Traditional Cultural Expression including traditional dance are constituted as cultural heritage of the ancestor which derived from generation to generation, high value and useful, therefore very important to protect. The purpose of this paper is to elaborate the implementation of Article 38 of Law No. 28 of 2014 on Copyright (Indonesia Copyright Law) related to traditional Balinese dance. This writing uses empirical legal research method. Traditional dance art as part of the traditional cultural expression is protected under Article 38 of Indonesia Copyright Law. In its implementation in Bangli regency, this provision has not been implemented effectively. One of the factors is because the community does not have a deep understanding on the substance specifically the importance of conducting inventory and documentation in the framework of legal protection through government cooperation with the community and related parties. Pengetahuan Tradisional dan Ekspresi Budaya Tradisional termasuk seni tari tradisional merupakan warisan budaya dari leluhur yang diturunkan dari generasi ke generasi berikutnya, bernilai dan memiliki daya guna yang tinggi, oleh karenanya sangat penting untuk dilindungi. Tujuan tulisan ini untuk mengelaborasi implementasi Pasal 38 Undang-Undang No. 28 Tahun 2014 tentang Hak Cipta (UUHC 2014) berkaitan tari tradisional Bali. Penulisan ini menggunakan metoda penelitian hukum empiris. Seni tari tradisional sebagai ekspresi budaya tradisional dilindungi berdasarkan Pasal 38 UUHC 2014. Dalam implementasinya di Kabupaten Bangli, ketentuan ini belum terlaksana secara efektif. Salah satu faktor penyebabnya adalah masyarakat baru sebatas mengetahui, namun belum memahami substansinya, termasuk pemahaman tentang pentingnya melakukan inventarisasi dan dokumentasi dalam rangka perlindungan hukum melalui kerjasama pemerintah dengan masyarakat serta pihak terkait.

PROBLEMS OF CLASSIFICATION OF CULTURAL HERITAGE OBJECTS

2020 ◽  
Vol 10 (2) ◽  
pp. 158-168
Author(s):  
SVETLANA IVANOVA ◽  
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Research Work ◽  
Cultural Property ◽  
Cultural Inheritance ◽  
Federal Laws ◽  
Cultural Heritage Objects ◽  
Cultural Monuments

The purpose of the research work is to analyze the norms of Federal laws, as well as the laws of the Russian Federation's constituent entities, devoted to the definitions and classification of the concepts “cultural heritage”, “historical and cultural monuments”, “cultural values”. Conclusions obtained in the course of the research: based on the study of current legislation, it is concluded that the definitions of “cultural values”, “cultural property”, “objects of cultural inheritance” contained in various normative legal acts differ in content. Based on the research, the author proposes the concept of “cultural values”.

On Strike and On Stage: Migration, Mobilization, and the Cultural Work of El Teatro Campesino

2014 ◽  
Vol 46 (1) ◽  
pp. 103-121
Author(s):  
Elizabeth Rodriguez Fielder
Keyword(s):  
Identity Politics ◽  
Cultural Production ◽  
Cultural Work ◽  
Integrated Analysis ◽  
Stage Migration ◽  
Self Reflection ◽  
Labor Activism ◽  
Picket Line ◽  
A Performance ◽  
Teatro Campesino

This essay looks at the role of labor activism through the cultural work of El Teatro Campesino, the theater company that emerged from the farmworkers’ strike led by Cesear Chavez in Delano, California, during the mid-1960s. Through makeshift performances along the picket line, the farmworkers and their creative visionary, Luis Valdez, innovated Chicano/a performance and created an activist aesthetic that has continued to influence Chicano/a performance and art. Their productions, which started as small improvisational actos, drew from a wealth of transnational influences as well as from a larger proletariat and activist theater tradition. However, El Teatro Campesino adapted these techniques to their local resources. The result created a unique forum that enabled promotional education about unions and workers’ rights to exist side-by-side with themes of self-reflection and criticism concerning the risks of identity politics. The essay explores the methods by which El Teatro Campesino questioned and critiqued ethnic identity and argues for a more complex approach to their earlier picket-line entertainment. It proceeds to consider the importance of cultural production for labor mobilization, and argues for a more integrated analysis of the relationship between activism and art.

scholarly journals MAPPING AND PROTECTING THE INTELLECTUAL PROPERTY RIGHT IN THE FIELD OF THE TRADITIONAL BATIK DESIGN OF TIRTOMOYO AS THE CULTURAL HERITAGE AND ITS DEVELOPMENT BASED ON THE LOCAL GENIUS IN THE CREATIVE INDRUSTRIAL ERA

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Sarwono
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Key Words ◽  
Traditional Knowledge ◽  
Government Policy ◽  
Property Right ◽  
Intellectual Property Right ◽  
Cultural Expression ◽  
The One ◽  
Local Government Policy

<p align="center"><strong><em>Abstract</em></strong></p><p><em>            In order to provide the protection to the “traditional batik art knowledge” in Tirtomoyo, Wonogiri, the local government policy rests on the </em><em>potensial of art, commerce, services, education, tourism and sports</em><em>.Here, it can be drawn the real purpose, that is to develop, to conserve, and to protect the traditional knowledge as the heritage and cultural expression, especially the traditional knowledge. I</em><em>n th</em><em>is</em><em> case</em><em>, the Intellectual Property Right protection and its all varieties should be applied on the traditional intellectual art. However, it has not yet manifested the regional regulation on the Intellectual Property Right, especially the protection to the traditional knowledge.         There has not been confirmation about what institutions will be responsible or what kind of agencies will be involved in providing the protection to the traditional knowledge, like the batik art, dance art, and others, so that they don’t seem loose accountability in handling it. The policy on the Intellectual Property Right, especially the one related to the traditional knowledge, is still partial or supplement. The Industry and Trade Department of Wonogiri regency, which handles the micro and medium industry field and is not related directly to the batik handicraft industry, has planned to make a program of batik handicraft industry as the regional superior. </em></p><strong><em>Key words: Intellectual Property Right, Traditional knowledge, Batik Art.</em></strong>

scholarly journals Historical and cultural pharmaceutical heritage: conceptualization, differentiation and content

2021 ◽  
pp. 87-92
Author(s):  
Elena I. Mamaeva ◽  
Keyword(s):  
Cultural Heritage ◽  
Historical Development ◽  
Future Generations ◽  
Functional Characteristics ◽  
Cultural Experience ◽  
Pharmaceutical Science ◽  
Xvii Century ◽  
History Of Development ◽  
Pharmaceutical Activity ◽  
History Of

Pharmaceutical heritage is a set of scientific and practical achievements of pharmaceutical activity of mankind. Historical and cultural pharmaceutical heritage is a collection of tangible and intangible evidence of the historical development of pharmaceutical science and practice, embodying a significant socio-cultural experience of humanity and preserved for transmission to future generations. Pharmaceutical and medical heritage is difficult to differentiate due to the long joint history of development and intertwining modern practices, but the separation of the professions of a doctor and a pharmacist allows us to distinguish the historical and cultural pharmaceutical heritage from the end of the XVII century. Historical and cultural pharmaceutical heritage is classified into tangible and intangible, according to functional characteristics, material historical and cultural heritage is divided into movable and immovable heritage.

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