Intellectual Property and Culture

in A. Kamperman-Sanders, A. Ramalho, C. Mulder, Anke Moerland - Dahrendorf (eds.), Introduction to Intellectual Property and Knowledge Management, Univ. Maastricht, 2018 Forthcoming

11 Pages Posted: 11 Jul 2018  

Lucie Guibault

Schulich School of Law

Date Written: June 19, 2018

Abstract

This paper takes a critical look at the interaction between intellectual property law and culture using three examples, namely: 1) the need to preserve and disseminate culture, through the recognition of cultural heritage institutions' vital role in society; 2) the need to maintain culture from depreciation, through the safeguard of a strong public domain; and 3) the need to let culture evolve, through the protection of Traditional Cultural Expressions (TCE's). This brief study shows that, although IP rights can be said to afford useful protection to objects of culture – taken in the narrow sense of ‘culture’, they can also prove to be inappropriate for preserving and promoting culture or cultural diversity – taken the broader sense of the word, either because they are too rigid, last too long, or are ill-suited for the intended object of protection. As a result, a serious mismatch occurs between the private appropriation of objects of culture through IP rights and the full implementation of public policy objectives towards the protection and promotion of culture and cultural diversity.

Keywords: copyright, cultural diversity, preservation, dissemination, public policy

Suggested Citation

Guibault, Lucie, Intellectual Property and Culture (June 19, 2018). in A. Kamperman-Sanders, A. Ramalho, C. Mulder, Anke Moerland - Dahrendorf (eds.), Introduction to Intellectual Property and Knowledge Management, Univ. Maastricht, 2018 Forthcoming. Available at SSRN: https://ssrn.com/abstract=3198967

L. Guibault (Contact Author)

Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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