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Research Handbook on Intellectual Property and Cultural Heritage

Research Handbook on Intellectual Property and Cultural Heritage

Author: Irini Stamatoudi
Publisher: Edward Elgar Publishing
ISBN: 9781800376908
Published In: July 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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