Cultural Heritage Branding – Societal Costs and Benefits
19 Pages Posted: 7 Apr 2023
Martin Senftleben
Institute for Information Law (IViR), University of Amsterdam; University of Amsterdam
Date Written: January 4, 2023
Abstract
The adoption of cultural heritage signs as trademarks entails several risks that must not be underestimated. Instead of enriching language and rhetoric devices, trademark protection restricts the freedom of future generations of authors to use affected cultural signs for new literary and artistic productions. Trademark protection means that one player in the communication process has strong incentives to invest in the development of her own messages and the suppression of the messages of others. Hence, the discourse surrounding affected cultural signs is no longer as open and free as it was before. Invoking broad protection against confusion and dilution, the trademark owner can take steps to censor artistic expressions that interfere with her branding strategy. The grant of trademark rights will also lead to a commercial redefinition and devaluation of affected cultural heritage material. Once a public domain sign is no longer exclusively linked with its cultural background in the mind of the audience, an artist cannot avoid the evocation of both cultural and commercial connotations. The addition of undesirable marketing messages tarnishes the cultural dimension of the affected sign. It will erode the sign’s artistic meaning and discourse potential over time and minimize the benefits – in the sense of impulses for societal renewal – which society could have derived from critical reflections on the cultural symbol and related societal conditions.
Keywords: cultural heritage, freedom of expression, law and economics, art autonomy, trademark law, branding, aesthetic functionality, cognitive science, cultural science
Suggested Citation: Suggested Citation
Martin Senftleben (Contact Author)
Institute for Information Law (IViR), University of Amsterdam ( email )
Rokin 84
Amsterdam, 1012 KX
Netherlands
University of Amsterdam ( email )
Roetersstraat 11
Amsterdam, NE 1018 WB
Netherlands
Do you have a job opening that you would like to promote on SSRN?
Related eJournals
-
Information Systems Legislation & Regulations eJournal
Information Systems Legislation & Regulations eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,837PAPERS6,136 -
Comparative & Non-U.S. Constitutional Law eJournal
Comparative & Non-U.S. Constitutional Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,836PAPERS15,063This Journal is curated by:Matthew D. Adler at Duke University School of Law, Brian Bix at University of Minnesota Law School -
Public International Law: Human Rights eJournal
Public International Law: Human Rights eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,317PAPERS14,400This Journal is curated by:Alan Sykes at Stanford University - Law School -
European Economics: Microeconomics & Industrial Organization eJournal
European Economics: Microeconomics & Industrial Organization eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,118PAPERS11,238This Journal is curated by:Marco Da Rin at Tilburg University, Department of Finance, Francesco Giavazzi at University of Bocconi - Innocenzo Gasparini Institute for Economic Research (IGIER)National Bureau of Economic Research (NBER) -
Entrepreneurship & Law eJournal
Entrepreneurship & Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,112PAPERS15,467 -
IO: Productivity, Innovation & Technology eJournal
IO: Productivity, Innovation & Technology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,046PAPERS30,996 -
Law & Society: Public Law - Constitutional Law eJournal
Law & Society: Public Law - Constitutional Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS975PAPERS25,926This Journal is curated by:Steve Sanders at Indiana University Maurer School of Law -
Indigenous Nations & Peoples Law eJournal
Indigenous Nations & Peoples Law eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS966PAPERS4,480 -
Intellectual Property: Trademark Law eJournal
Intellectual Property: Trademark Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS943PAPERS2,298This Journal is curated by:Robert P. Merges at University of California, Berkeley - School of Law -
Law & Society: Private Law - Intellectual Property eJournal
Law & Society: Private Law - Intellectual Property eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS721PAPERS11,118This Journal is curated by:Michael Mattioli at Indiana University Maurer School of Law (Bloomington) -
Organizations & Markets: Policies & Processes eJournal
Organizations & Markets: Policies & Processes eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS675PAPERS18,896 -
Law & Culture eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS595PAPERS9,095This Journal is curated by:Reva Siegel at Yale University - Law School -
Law & Economics eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS488PAPERS15,284This Journal is curated by:Ronald J. Gilson at Stanford Law School, A. Mitchell Polinsky at Stanford Law School -
European Private Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS312PAPERS6,015This Journal is curated by:Martijn W. Hesselink at European University Institute - Department of Law (LAW) -
Advertising, Marketing & Strategic Communication eJournal
Advertising, Marketing & Strategic Communication eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS259PAPERS1,771 -
Innovation Law & Policy eJournal
Innovation Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS251PAPERS30,429 -
Environment for Innovation eJournal
Environment for Innovation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS245PAPERS16,230 -
Innovation & Geography eJournal
Innovation & Geography eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS169PAPERS5,456 -
Cultural Sociology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS84PAPERS2,639 -
Communication Law & Policy eJournal
Communication Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS70PAPERS1,971 -
Special Collections, Archives & Museums eJournal
Special Collections, Archives & Museums eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS61PAPERS283 -
Art Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS48PAPERS562 -
Art Market Studies eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS43PAPERS244