Technology, Intellectual Property Law and Culture

The Tangification of Intangible Cultural Heritage

Inbunden, Engelska, 2024

AvMegan Rae Blakely

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Focusing on cultural expressions that are most likely to intermingle with copyright law, trademark and IP-adjacent regulations, this book examines contemporary issues in technology, intellectual property law, and culture.Intangible Cultural Heritage can consist of traditional knowledge, songs, craftsmanship, dance, and other practices, as well as the associated cultural artefacts and spaces; a widely varied global living heritage, transmitted generationally, must be allowed to organically evolve, often defying the process of identification so desirable in the realm of legal protections. This nebulous essence is particularly ill-suited to modern legal frameworks that can conflate the creative outputs that copyright is meant to protect with shared cultural practices. Combining a legal perspective with historical tact, the book develops a theoretical model to track the interaction amongst these issues as well as to make policy recommendations based on the existing and projected possible future outcomes. Several chapters of the book will be dedicated to contemporary issues where this framework and interaction are currently developing, focussing on law and technology issues with archiving and museums, online platforms and copyright infringement, and communities and creative production in virtual worlds.The book will be of interest to students and scholars in the field of copyright law and intellectual property law.

Produktinformation

Utgivningsdatum2024-06-18
Mått156 x 234 x 14 mm
Vikt490 g
FormatInbunden
SpråkEngelska
Antal sidor170
FörlagTaylor & Francis Ltd
ISBN9780367439750

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Megan Rae Blakely is a lecturer at Lancaster University Law School. Her research interests are in intellectual property law, intangible cultural heritage, and digitisation, through an interdisciplinary lens. Her current research involves copyright and culture in virtual worlds. She serves as the Director for the Centre for Law and Society at Lancaster University and on the Executive Committee for the British and Irish Law, Education, and Technology Association. Dr. Blakely earned her LLM at SOAS, JD at University of California Law, San Francisco, and PhD at University of Glasgow School of Law.

1. Introduction2. The Law3. Theoretical Framework (Tangification)4. Cultural Adoption and Tangification: The Process of Intangible Cultural Heritage Becoming Intellectual Property5. Historical Cultural Expressions: Tangification and Legal Development6. Contemporary Cultural Guardians: Archives, Museums, and Digitisation7. Future Evolution: Virtual Worlds, User Communities, and Creative Contributions8. Conclusion and Recommendations

‘The book constitutes an insightful examination of the divide between “knowledge producing” countries with a more IP law focus belonging to the developed side of the world and “culture producing” developing countries rich in ICH, which in the end can be bridged through better international cooperation and inclusion of both ICH and IP law issues into legislation and policy discussions.'Victoria Dipla (Greek Lawyer, IGNITE Trainee Solicitor Clifford and Chance LLP London), IPKat Blog‘Rich in detail, but accessible for a those who are not specialists in law, technology, or heritage, the book is essential reading across the humanities and social sciences, as well as for anyone interested in how best to support and preserve the past.' New Books Network Critical Theory