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Research Handbook on Intellectual Property and Cultural Heritage

Edited by: Irini Stamatoudi

ISBN13: 9781800376908
Published: July 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £244.00



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This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.

Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management.

Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, post graduate students and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policy makers, cultural heritage institutions, and content platforms.

Subjects:
Intellectual Property Law, Art and Cultural Heritage Law
Contents:
Introduction to the Research Handbook on Intellectual Property and Cultural Heritage: Overview of the issues
Irini Stamatoudi
PART I: IP PROTECTION FOR CULTURAL HERITAGE
SECTION I.A GENERAL
1. The notions of intellectual property and cultural heritage: Overlaps and clashes
Irini Stamatoudi
2. The protection of cultural heritage by copyright and related rights
Paul Torremans
3. The protection of cultural heritage by trademarks
Mira Burri
4.. Cultural heritage and patent law: Alternatives for the protection of traditional knowledge and genetic resources
Pedro Henrique D. Batista
5. The protection of cultural heritage by designs
Bernd Justin Jutte and Alina Trapova
6. The protection of intangible cultural assets by trade secrets and unfair competition law
Neethu Rajam and Jens Schovsbo
PART II: IP PROTECTION FOR CULTURAL HERITAGE
SECTION I.B SPECIAL ISSUES
7. Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting
Reto M. Hilty, Pedro Henrique D. Batista and Suelen Carls
8. Re-evaluating the art practice of ‘appropriation’ from a copyright law perspective
Marina Markellou
9. Preservation and heritagisation of street art and graffiti
Enrico Bonadio
10. Copyright issues on the use of images on the Internet
Marie-Christine Janssens, Arina Gorbatyuk and Sonsoles Pajares Rivas
11. Linking, framing, and browsing digital or digitised works of art
Irini Stamatoudi and Zoi Mavroskoti
12. The protection of traditional cultural expressions by geographical indications
Michael Blakeney
13. Copyright ownership challenge arising from AI-generated works of art: A time to stand and stare
Theodoros Chiou
PART III: POLITICS AND POLICIES ASSOCIATED WITH PROTECTING CULTURAL HERITAGE BY IPRS
14. States’ discretion to classify IP subject matter as national cultural treasures
Maria-Daphne Papadopoulou and Maria G. Sinanidou
15. Intellectual property, cultural heritage, and human rights
Peter K. Yu
16. ‘Best practices’ to protect indigenous knowledge?
Jessica C. Lai
17. Intangible cultural heritage, intellectual property and the public domain
Charlotte Waelde
18. Bridging intellectual property and cultural heritage law in the practice of international governmental organisations
Andrzej Jakubowski and Hanna Schreiber
PART IV: SPECIAL ISSUES FOR CULTURAL INSTITUTIONS
19. The artist’s resale right
Simon Stokes
20. Digitization of cultural heritage under EU copyright: Digitizing the past to enable access and innovation for the future
Stavroula Karapapa
21. Intellectual property and cultural heritage issues for museums of archaeological materials
Pınar Oruç and Uma Suthersanen
22. Management issues for cultural heritage institutions
Konstantinos Roussos and Irini Stamatoudi
23. IP management for cultural heritage institutions
Rina Elster Pantalony
24. Cultural heritage, galleries and auction houses
Leila A. Amineddoleh
25. IP issues relating to cultural heritage platforms and new business models
Julia Wildgans
26. Born digital: Law, policy, and the preservation of videogames as digital cultural heritage
Benjamin Farrand
27. Private international law and cultural property and art disputes
Marc Weber
28. ADR, cultural heritage and intellectual property: A continuum of dispute resolution processes
Debbie De Girolamo
29. Intellectual property implications of 3D printing of cultural heritage
Charles Cronin
Conclusion to the Research Handbook on Intellectual Property of Cultural Heritage: Important highlights
Irini Stamatoudi

Index