Cultural Heritage As A Legal Hybrid

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Cultural Heritage as a Legal Hybrid

Author : Alicja Jagielska–Burduk
Publisher : Springer Nature
ISBN 13 : 3031049462
Total Pages : 347 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Cultural Heritage as a Legal Hybrid by : Alicja Jagielska–Burduk

Download or read book Cultural Heritage as a Legal Hybrid written by Alicja Jagielska–Burduk and published by Springer Nature. This book was released on 2022-07-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Cultural Heritage as a Legal Hybrid

Author : Alicja Jagielska-Burduk
Publisher :
ISBN 13 : 9783031049477
Total Pages : 0 pages
Book Rating : 4.0/5 (494 download)

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Book Synopsis Cultural Heritage as a Legal Hybrid by : Alicja Jagielska-Burduk

Download or read book Cultural Heritage as a Legal Hybrid written by Alicja Jagielska-Burduk and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Cultural Property Law

Author : Sherry Hutt
Publisher : American Bar Association
ISBN 13 : 9781590312902
Total Pages : 292 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis Cultural Property Law by : Sherry Hutt

Download or read book Cultural Property Law written by Sherry Hutt and published by American Bar Association. This book was released on 2004 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Property Law is a practical guide to the application and interpretation of the statutes and codes that direct the management, protection, and preservation of cultural property.

Legal Issues in Cultural Heritage Management

Author : Alicja Jagielska-Burduk
Publisher : PL Academic Research is
ISBN 13 : 9783631670330
Total Pages : 0 pages
Book Rating : 4.6/5 (73 download)

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Book Synopsis Legal Issues in Cultural Heritage Management by : Alicja Jagielska-Burduk

Download or read book Legal Issues in Cultural Heritage Management written by Alicja Jagielska-Burduk and published by PL Academic Research is. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts, fideikomissum and foundations along with property and their legal potential are vital for cultural heritage management in the future. The economic model of cultural heritage should comply with changes in the legal system. The national perspective plays an important part in cultural heritage management in an international context.

Cultural Heritage in International Investment Law and Arbitration

Author : Valentina Vadi
Publisher : Cambridge University Press
ISBN 13 : 1107038480
Total Pages : 379 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Cultural Heritage in International Investment Law and Arbitration by : Valentina Vadi

Download or read book Cultural Heritage in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2014-03-13 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.

A Research Agenda for Cultural Heritage Law

Author : Lucas Lixinski
Publisher : Edward Elgar Publishing
ISBN 13 : 1035324423
Total Pages : 255 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis A Research Agenda for Cultural Heritage Law by : Lucas Lixinski

Download or read book A Research Agenda for Cultural Heritage Law written by Lucas Lixinski and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study.

Advanced Introduction to Cultural Heritage Law

Author : Lorenzo Casini
Publisher : Edward Elgar Publishing
ISBN 13 : 1789900077
Total Pages : 171 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Advanced Introduction to Cultural Heritage Law by : Lorenzo Casini

Download or read book Advanced Introduction to Cultural Heritage Law written by Lorenzo Casini and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.

Copyright and Cultural Heritage

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808031
Total Pages : 265 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Copyright and Cultural Heritage by : Estelle Derclaye

Download or read book Copyright and Cultural Heritage written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright and Cultural Heritage will appeal strongly to both academics and practitioners of intellectual property as well as to policymakers - as it proposes modifications to copyright law in the UK and beyond. This book will also provoke thought amongst associated and interested parties from industry and those using, managing or distributing content.

Law and the cultural heritage

Author : Lyndel V. Prott
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (493 download)

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Book Synopsis Law and the cultural heritage by : Lyndel V. Prott

Download or read book Law and the cultural heritage written by Lyndel V. Prott and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Author : Christoph Beat Graber
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443919
Total Pages : 345 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Intellectual Property and Traditional Cultural Expressions in a Digital Environment by : Christoph Beat Graber

Download or read book Intellectual Property and Traditional Cultural Expressions in a Digital Environment written by Christoph Beat Graber and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field. Rosemary J. Coombe, York University, Canada The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection. Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication. Michael F. Brown, Williams College, US and author of Who Owns Native Culture? In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples values and provide for the sustainability of TCE. This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.

Intellectual Property and the Safeguarding of Traditional Cultures

Author : Molly Torsen
Publisher : WIPO
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Intellectual Property and the Safeguarding of Traditional Cultures by : Molly Torsen

Download or read book Intellectual Property and the Safeguarding of Traditional Cultures written by Molly Torsen and published by WIPO. This book was released on 2010 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... Cultural institutions seek more direct and instrumental relationships with communities actively engaging with the expertise of tradition bearers to foster new cross cultural partnerships to enrich cultural work. Many museums, libraries and archives, and their professional associations, have established exemplary practices and protocols to deal with IP issues. It is within this complex and sensitive context that this publication was prepared, in the framework of the WIPO Creative Heritage Project. The publication presents an analysis of the legal questions and offers examples of institutional and community experiences in the development of good practices ..." -- p. 2

Law and Intangible Cultural Heritage in the City

Author : Sara Gwendolyn Ross
Publisher : Routledge
ISBN 13 : 1000024504
Total Pages : 210 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Law and Intangible Cultural Heritage in the City by : Sara Gwendolyn Ross

Download or read book Law and Intangible Cultural Heritage in the City written by Sara Gwendolyn Ross and published by Routledge. This book was released on 2019-06-20 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.

Underwater Cultural Heritage and International Law

Author : Sarah Dromgoole
Publisher : Cambridge University Press
ISBN 13 : 1107292190
Total Pages : 439 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Underwater Cultural Heritage and International Law by : Sarah Dromgoole

Download or read book Underwater Cultural Heritage and International Law written by Sarah Dromgoole and published by Cambridge University Press. This book was released on 2013-07-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.

The Preservation of Art and Culture in Times of War

Author :
Publisher : Oxford University Press
ISBN 13 : 0197610587
Total Pages : 497 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The Preservation of Art and Culture in Times of War by :

Download or read book The Preservation of Art and Culture in Times of War written by and published by Oxford University Press. This book was released on 2022-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural property for its own sake to viewing its protection as connected to broader agendas of peace and security. Concerns about cultural heritage have thus migrated beyond the cultural sphere to worries about the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen public understanding of the evolving nexus between cultural heritage and security in the twenty-first century. Drawing on a variety of disciplines and perspectives, the chapters in this volume examine a complex set of relationships between the deliberate destruction and misuse of cultural heritage in times of conflict, on the one hand, and basic societal values, legal principles, and national security, on the other.

Copyrighting Creativity

Author : Helle Porsdam
Publisher : Routledge
ISBN 13 : 1317159586
Total Pages : 225 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Copyrighting Creativity by : Helle Porsdam

Download or read book Copyrighting Creativity written by Helle Porsdam and published by Routledge. This book was released on 2016-03-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

Intersections in International Cultural Heritage Law

Author : Anne Marie Carstens
Publisher : Oxford University Press, USA
ISBN 13 : 0198846290
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Intersections in International Cultural Heritage Law by : Anne Marie Carstens

Download or read book Intersections in International Cultural Heritage Law written by Anne Marie Carstens and published by Oxford University Press, USA. This book was released on 2020-05-20 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Author : Sharon Le Gall
Publisher : Routledge
ISBN 13 : 1136026649
Total Pages : 269 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Intellectual Property, Traditional Knowledge and Cultural Property Protection by : Sharon Le Gall

Download or read book Intellectual Property, Traditional Knowledge and Cultural Property Protection written by Sharon Le Gall and published by Routledge. This book was released on 2014-01-10 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.