Intellectual Property, Cultural Heritage and Human Rights

RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND CULTURAL HERITAGE, Irini Stamatoudi, ed., Edward Elgar Publishing, 2022, Forthcoming

Texas A&M University School of Law Legal Studies Research Paper No. 21-36

17 Pages Posted: 27 Oct 2021

See all articles by Peter K. Yu

Peter K. Yu

Texas A&M University School of Law

Date Written: October 26, 2021

Abstract

The relationship between intellectual property and human rights in the cultural heritage context is both complex and challenging. Although these two sets of rights frequently align, they also compete against each other. The resulting tensions and conflicts affect not only the relevant cultural groups but all of us. Even more challenging, there has so far been no consensus on how to protect cultural heritage. Nor are there generally agreed definitions of "culture" and "cultural heritage." Although a diverse array of conventions, protocols, declarations, laws, policies and guidelines has been established to protect cultural heritage and cultural diversity, many of these normative documents include definitions that were drafted on a text-by-text basis. It is therefore difficult to generalize definitions across a variety of contexts, including those at the intersection of intellectual property and human rights.

This chapter begins by mapping the contours of the international human rights framework at it relates to intellectual property and cultural heritage. The chapter then offers three sets of illustrations covering situations in which tensions and conflicts between human rights and intellectual property rights may arise: (1) the production of user-generated content; (2) the reproduction of indigenous cultural heritage; and (3) the digitization, sharing or dissemination of cultural materials by museums, libraries and archives. This chapter concludes by advancing a three-step balancing process to help resolve these potential tensions and conflicts.

Suggested Citation

Yu, Peter K., Intellectual Property, Cultural Heritage and Human Rights (October 26, 2021). RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND CULTURAL HERITAGE, Irini Stamatoudi, ed., Edward Elgar Publishing, 2022, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 21-36, Available at SSRN: https://ssrn.com/abstract=3950888

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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