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Research Handbook on Intellectual Property and Cultural Heritage
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’.
More Information
Critical Acclaim
Contributors
Contents
More Information
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, postgraduate 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, policymakers, cultural heritage institutions, and content platforms.
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, postgraduate 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, policymakers, cultural heritage institutions, and content platforms.
Critical Acclaim
‘This book provides interesting food for thought as to the extent regulation is required and whether education might be an equally powerful tool in some circumstances. While protection of cultural heritage is understandably steeped in history, the book contemplates many modern issues such as digitisation of works of cultural heritage and the implications of 3D printing. This is a well-thought-out and thought-provoking text that is likely to be of interest to a wide range of individuals, not just IP lawyers.’
– Charlotte Duly, Marques
‘In this Research Handbook on Intellectual Property and Cultural Heritage, Irini Stamatoudi puts together a tremendous group of high-level scholars to explore from various angles the complex but fascinating relationship between intellectual property and cultural heritage. The result is an extremely rich and inspiring set of contributions covering various aspects of the protection of cultural heritage by different IP rights, the politics and policies behind it, as well as the specific challenges and issues faced by cultural institutions in this process.’
– Christophe Geiger, University of Strasbourg, France
‘An invaluable collection of essays which explores the multiple ways the law may help build a bridge between our shared past and our futures, digital or otherwise.’
– Marco Ricolfi, University of Turin and NEXA Center for Internet and Society, Italy
– Charlotte Duly, Marques
‘In this Research Handbook on Intellectual Property and Cultural Heritage, Irini Stamatoudi puts together a tremendous group of high-level scholars to explore from various angles the complex but fascinating relationship between intellectual property and cultural heritage. The result is an extremely rich and inspiring set of contributions covering various aspects of the protection of cultural heritage by different IP rights, the politics and policies behind it, as well as the specific challenges and issues faced by cultural institutions in this process.’
– Christophe Geiger, University of Strasbourg, France
‘An invaluable collection of essays which explores the multiple ways the law may help build a bridge between our shared past and our futures, digital or otherwise.’
– Marco Ricolfi, University of Turin and NEXA Center for Internet and Society, Italy
Contributors
Contributors: Leila A. Amineddoleh, Pedro Henrique D. Batista, Michael Blakeney, Enrico Bonadio, Mira Burri, Suelen Carls, Theodoros Chiou, Charles Cronin, Debbie De Girolamo, Benjamin Farrand, Arina Gorbatyuk, Reto M. Hilty, Andrzej Jakubowski, Marie-Christine Janssens, Bernd Justin Jütte, Stavroula Karapapa, Jessica C. Lai, Marina Markellou, Zoi Mavroskoti, Pinar Oruç, Sonsoles Pajares Rivas, Rina Elster Pantalony, Maria-Daphne Papadopoulou, Neethu Rajam, Konstantinos Roussos, Jens Schovsbo, Hanna Schreiber, Maria G. Sinanidou, Irini Stamatoudi, Simon Stokes, Uma Suthersanen, Alina Trapova, Paul Torremans, Charlotte Waelde, Marc Weber, Julia Wildgans, Peter K. Yu
Contents
Contents:
Introduction to the Research Handbook on Intellectual Property and Cultural
Heritage: Overview of the issues 1
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 8
Irini Stamatoudi
2 The protection of cultural heritage by copyright and related rights 37
Paul Torremans
3 The protection of cultural heritage by trademarks 55
Mira Burri
4 Cultural heritage and patent law: Alternatives for the protection of
traditional knowledge and genetic resources 72
Pedro Henrique D. Batista
5 The protection of cultural heritage by designs 93
Bernd Justin Jütte and Alina Trapova
6 The protection of intangible cultural assets by trade secrets and unfair
competition law 112
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 132
Reto M. Hilty, Pedro Henrique D. Batista and Suelen Carls
8 Re-evaluating the art practice of ‘appropriation’ from a copyright law
perspective 154
Marina Markellou
9 Preservation and heritagisation of street art and graffiti 170
Enrico Bonadio
10 Copyright issues on the use of images on the Internet 191
Marie-Christine Janssens, Arina Gorbatyuk and Sonsoles Pajares Rivas
11 Linking, framing, and browsing digital or digitised works of art 214
Irini Stamatoudi and Zoi Mavroskoti
12 The protection of traditional cultural expressions by geographical indications 236
Michael Blakeney
13 Copyright ownership challenge arising from AI-generated works of art:
A time to stand and stare 250
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 274
Maria-Daphne Papadopoulou and Maria G. Sinanidou
15 Intellectual property, cultural heritage, and human rights 294
Peter K. Yu
16 ‘Best practices’ to protect indigenous knowledge? 311
Jessica C. Lai
17 Intangible cultural heritage, intellectual property and the public domain 326
Charlotte Waelde
18 Bridging intellectual property and cultural heritage law in the practice
of international governmental organisations 339
Andrzej Jakubowski and Hanna Schreiber
PART IV SPECIAL ISSUES FOR CULTURAL INSTITUTIONS
19 The artist’s resale right 358
Simon Stokes
20 Digitization of cultural heritage under EU copyright: Digitizing the past
to enable access and innovation for the future 374
Stavroula Karapapa
21 Intellectual property and cultural heritage issues for museums of
archaeological materials 391
Pınar Oruç and Uma Suthersanen
22 Management issues for cultural heritage institutions 412
Konstantinos Roussos and Irini Stamatoudi
23 IP management for cultural heritage institutions 438
Rina Elster Pantalony
24 Cultural heritage, galleries and auction houses 454
Leila A. Amineddoleh
25 IP issues relating to cultural heritage platforms and new business models 479
Julia Wildgans
26 Born digital: Law, policy, and the preservation of videogames as digital
cultural heritage 501
Benjamin Farrand
27 Private international law and cultural property and art disputes 516
Marc Weber
28 ADR, cultural heritage and intellectual property: A continuum of
dispute resolution processes 542
Debbie De Girolamo
29 Intellectual property implications of 3D printing of cultural heritage 563
Charles Cronin
Conclusion to the Research Handbook on Intellectual Property of Cultural
Heritage: Important highlights 577
Irini Stamatoudi
Index
Introduction to the Research Handbook on Intellectual Property and Cultural
Heritage: Overview of the issues 1
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 8
Irini Stamatoudi
2 The protection of cultural heritage by copyright and related rights 37
Paul Torremans
3 The protection of cultural heritage by trademarks 55
Mira Burri
4 Cultural heritage and patent law: Alternatives for the protection of
traditional knowledge and genetic resources 72
Pedro Henrique D. Batista
5 The protection of cultural heritage by designs 93
Bernd Justin Jütte and Alina Trapova
6 The protection of intangible cultural assets by trade secrets and unfair
competition law 112
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 132
Reto M. Hilty, Pedro Henrique D. Batista and Suelen Carls
8 Re-evaluating the art practice of ‘appropriation’ from a copyright law
perspective 154
Marina Markellou
9 Preservation and heritagisation of street art and graffiti 170
Enrico Bonadio
10 Copyright issues on the use of images on the Internet 191
Marie-Christine Janssens, Arina Gorbatyuk and Sonsoles Pajares Rivas
11 Linking, framing, and browsing digital or digitised works of art 214
Irini Stamatoudi and Zoi Mavroskoti
12 The protection of traditional cultural expressions by geographical indications 236
Michael Blakeney
13 Copyright ownership challenge arising from AI-generated works of art:
A time to stand and stare 250
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 274
Maria-Daphne Papadopoulou and Maria G. Sinanidou
15 Intellectual property, cultural heritage, and human rights 294
Peter K. Yu
16 ‘Best practices’ to protect indigenous knowledge? 311
Jessica C. Lai
17 Intangible cultural heritage, intellectual property and the public domain 326
Charlotte Waelde
18 Bridging intellectual property and cultural heritage law in the practice
of international governmental organisations 339
Andrzej Jakubowski and Hanna Schreiber
PART IV SPECIAL ISSUES FOR CULTURAL INSTITUTIONS
19 The artist’s resale right 358
Simon Stokes
20 Digitization of cultural heritage under EU copyright: Digitizing the past
to enable access and innovation for the future 374
Stavroula Karapapa
21 Intellectual property and cultural heritage issues for museums of
archaeological materials 391
Pınar Oruç and Uma Suthersanen
22 Management issues for cultural heritage institutions 412
Konstantinos Roussos and Irini Stamatoudi
23 IP management for cultural heritage institutions 438
Rina Elster Pantalony
24 Cultural heritage, galleries and auction houses 454
Leila A. Amineddoleh
25 IP issues relating to cultural heritage platforms and new business models 479
Julia Wildgans
26 Born digital: Law, policy, and the preservation of videogames as digital
cultural heritage 501
Benjamin Farrand
27 Private international law and cultural property and art disputes 516
Marc Weber
28 ADR, cultural heritage and intellectual property: A continuum of
dispute resolution processes 542
Debbie De Girolamo
29 Intellectual property implications of 3D printing of cultural heritage 563
Charles Cronin
Conclusion to the Research Handbook on Intellectual Property of Cultural
Heritage: Important highlights 577
Irini Stamatoudi
Index
