Intangible Cultural Heritage And Intellectual Property

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Intellectual Property, Cultural Property and Intangible Cultural Heritage

Author : Christoph Antons
Publisher : Routledge
ISBN 13 : 1317500539
Total Pages : 247 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Intellectual Property, Cultural Property and Intangible Cultural Heritage by : Christoph Antons

Download or read book Intellectual Property, Cultural Property and Intangible Cultural Heritage written by Christoph Antons and published by Routledge. This book was released on 2017-12-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.

Intangible Cultural Heritage Under National and International Law

Author : Marie Cornu
Publisher : Edward Elgar Publishing
ISBN 13 : 1839100036
Total Pages : 224 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intangible Cultural Heritage Under National and International Law by : Marie Cornu

Download or read book Intangible Cultural Heritage Under National and International Law written by Marie Cornu and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.

Transboundary Heritage and Intellectual Property Law

Author : Patricia Covarrubia
Publisher : Taylor & Francis
ISBN 13 : 1000791041
Total Pages : 172 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Transboundary Heritage and Intellectual Property Law by : Patricia Covarrubia

Download or read book Transboundary Heritage and Intellectual Property Law written by Patricia Covarrubia and published by Taylor & Francis. This book was released on 2022-11-30 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

Intangible Cultural Heritage and Intellectual Property

Author : Toshiyuki Kono
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Intangible Cultural Heritage and Intellectual Property by : Toshiyuki Kono

Download or read book Intangible Cultural Heritage and Intellectual Property written by Toshiyuki Kono and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intangible cultural heritage (ICH) of the world's communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanisation, large-scale migration, severe environmental change and globalisation. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognised the importance of ICH, both as a mainspring of cultural diversity and a source of sustainable development. Early efforts to implement the convention are bringing to light issues that are crucial to the survival of ICH. Many of these involve its interaction with intellectual property law. To clarify the relationship between these two fields, the present volume gathers the views of scholars and practitioners with diverse expertise and national backgrounds. They examine four main issues: the construction and operation of ICH inventories; the conceptualisation of the “community” as a holder of ICH; how to obtain the community's prior informed consent; and the pros and cons of various regulatory regimes. Despite the variety in the contributions, the common thread in the book is the authors' belief that regulatory regimes must be designed so that ICH will not only be safeguarded in archives and museums but also in its living form.

Intangible Cultural Heritage and Intellectual Property

Author : Toshiyuki Kono
Publisher :
ISBN 13 : 9789050957588
Total Pages : 0 pages
Book Rating : 4.9/5 (575 download)

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Book Synopsis Intangible Cultural Heritage and Intellectual Property by : Toshiyuki Kono

Download or read book Intangible Cultural Heritage and Intellectual Property written by Toshiyuki Kono and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intangible cultural heritage (ICH) of the world's communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanization, large-scale migration, severe environmental change, and globalization. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognized the importance of ICH, both as a mainspring of cultural diversity and a source of sustainable development. Early efforts to implement the Convention are bringing to light issues that are crucial to the survival of ICH. Many of these involve its interaction with intellectual property law. To clarify the relationship between these two fields, this present volume gathers the views of scholars and practitioners with diverse expertise and national backgrounds. They examine four main issues: the construction and operation of ICH inventories; the conceptualization of the "community" as a holder of ICH; how to obtain the community's prior informed consent; and the pros and cons of various regulatory regimes. With the book's variety of contributions, the common thread is the belief that regulatory regimes must be designed so that ICH will not only be safeguarded in archives and museums, but also in its living form.

Intellectual and Cultural Property

Author : Fiona Macmillan
Publisher : Routledge
ISBN 13 : 0429759215
Total Pages : 228 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Intellectual and Cultural Property by : Fiona Macmillan

Download or read book Intellectual and Cultural Property written by Fiona Macmillan and published by Routledge. This book was released on 2020-11-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

Technology, Intellectual Property Law and Culture

Author : Megan Rae Blakely
Publisher : Taylor & Francis
ISBN 13 : 1040040489
Total Pages : 142 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Technology, Intellectual Property Law and Culture by : Megan Rae Blakely

Download or read book Technology, Intellectual Property Law and Culture written by Megan Rae Blakely and published by Taylor & Francis. This book was released on 2024-06-18 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on cultural expressions that are most likely to intermingle with copyright law, trademark and IP-adjacent regulations, this book examines contemporary issues in technology, intellectual property law, and culture. Intangible Cultural Heritage can consist of traditional knowledge, songs, craftsmanship, dance, and other practices, as well as the associated cultural artefacts and spaces; a widely varied global living heritage, transmitted generationally, must be allowed to organically evolve, often defying the process of identification so desirable in the realm of legal protections. This nebulous essence is particularly ill-suited to modern legal frameworks that can conflate the creative outputs that copyright is meant to protect with shared cultural practices. Combining a legal perspective with historical tact, the book develops a theoretical model to track the interaction amongst these issues as well as to make policy recommendations based on the existing and projected possible future outcomes. Several chapters of the book will be dedicated to contemporary issues where this framework and interaction are currently developing, focussing on law and technology issues with archiving and museums, online platforms and copyright infringement, and communities and creative production in virtual worlds. The book will be of interest to students and scholars in the field of copyright law and intellectual property law.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Download Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives PDF Online Free

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280520164
Total Pages : 126 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by : World Intellectual Property Organization

Download or read book Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives written by World Intellectual Property Organization and published by WIPO. This book was released on 2010 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.

Indigenous Cultural Heritage and Intellectual Property Rights

Author : Jessica Christine Lai
Publisher : Springer Science & Business Media
ISBN 13 : 331902955X
Total Pages : 327 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Indigenous Cultural Heritage and Intellectual Property Rights by : Jessica Christine Lai

Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Research Handbook on Contemporary Intangible Cultural Heritage

Author : Charlotte Waelde
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434016
Total Pages : pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Contemporary Intangible Cultural Heritage by : Charlotte Waelde

Download or read book Research Handbook on Contemporary Intangible Cultural Heritage written by Charlotte Waelde and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.

The Subtle Power of Intangible Heritage

Author : Harriet Deacon
Publisher : HSRC Press
ISBN 13 : 9780796920744
Total Pages : 86 pages
Book Rating : 4.9/5 (27 download)

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Book Synopsis The Subtle Power of Intangible Heritage by : Harriet Deacon

Download or read book The Subtle Power of Intangible Heritage written by Harriet Deacon and published by HSRC Press. This book was released on 2004 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

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.

The Legal Protection of the Intangible Cultural Heritage

Author : Pier Luigi Petrillo
Publisher : Springer
ISBN 13 : 3319729837
Total Pages : 262 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis The Legal Protection of the Intangible Cultural Heritage by : Pier Luigi Petrillo

Download or read book The Legal Protection of the Intangible Cultural Heritage written by Pier Luigi Petrillo and published by Springer. This book was released on 2019-06-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the global legal framework for safeguarding the “Intangible Cultural Heritage” – as defined by the UNESCO Convention in 2003 – and analyses its use in selected countries in the Americas, Asia, Africa and Europe. Each of the contributions has been prepared by high profile experts and strategically addresses countries that are representative for their corresponding area. Our understanding of the term “Cultural Heritage” has changed considerably over the past few decades, and it is becoming increasingly clear that the concept also includes traditions and living expressions that we inherit from our ancestors and pass on to our descendants. UNESCO has recognised and responded to this change of perspective, creating through the 2003 Convention an international instrument for safeguarding the “Intangible Cultural Heritage”, a notion including oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, as well as the knowledge and skills needed to produce traditional crafts. New values, practices and heritages were recognized – from the ancient African rituals to the Mexican Mariachi musical expression to the Brazilian Samba and the Mediterranean Diet – all of which convey strong social and cultural meaning for their community's identity. Intangible Cultural Heritage is a growing, relatively recent field of study and also an emblem of the dialogue between distant populations with different cultures, which is the reason why a comparative approach is the most appropriate basis for conducting an analysis of how the contracting states to the Convention live up to their commitments through national safeguarding measures and enhancement policies or through international cooperation projects.

Intangible Cultural Heritage in International Law

Author : Lucas Lixinski
Publisher : OUP Oxford
ISBN 13 : 0199679509
Total Pages : 295 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Intangible Cultural Heritage in International Law by : Lucas Lixinski

Download or read book Intangible Cultural Heritage in International Law written by Lucas Lixinski and published by OUP Oxford. This book was released on 2013-06-13 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Author : Sharon B. Le Gall
Publisher : Routledge
ISBN 13 : 1136026649
Total Pages : 198 pages
Book Rating : 4.1/5 (36 download)

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

Download or read book Intellectual Property, Traditional Knowledge and Cultural Property Protection written by Sharon B. Le Gall and published by Routledge. This book was released on 2014-01-10 with total page 198 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.

International Cultural Heritage Law

Author : Janet E. Blake
Publisher : Cultural Heritage Law and Poli
ISBN 13 : 0198723512
Total Pages : 385 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Cultural Heritage Law by : Janet E. Blake

Download or read book International Cultural Heritage Law written by Janet E. Blake and published by Cultural Heritage Law and Poli. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.

Technology, Intellectual Property Law, and Culture

Author : Megan Blakely
Publisher :
ISBN 13 : 9781032782331
Total Pages : 0 pages
Book Rating : 4.7/5 (823 download)

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Book Synopsis Technology, Intellectual Property Law, and Culture by : Megan Blakely

Download or read book Technology, Intellectual Property Law, and Culture written by Megan Blakely and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focusing on cultural expressions that are most likely to intermingle with copyright law, trademark and IP-adjacent regulations, this book examines contemporary issues in technology, intellectual property law, and culture. Intangible Cultural Heritage can consist of traditional knowledge, songs, craftsmanship, dance, and other practices, as well as the associated cultural artefacts and spaces; a widely varied global living heritage, transmitted generationally, must be allowed to organically evolve, often defying the process of identification so desirable in the realm of legal protections. This nebulous essence is particularly ill-suited to modern legal frameworks that can conflate the creative outputs that copyright is meant to protect with shared cultural practices. Combining a legal perspective with historical tact, the book develops a theoretical model to track the interaction amongst these issues as well as to make policy recommendations based on the existing and projected possible future outcomes. Several chapters of the book will be dedicated to contemporary issues where this framework and interaction are currently developing, focussing on law and technology issues with archiving and museums, online platforms and copyright infringement, and communities and creative production in virtual worlds. The book will be of interest to students and scholars in the field of copyright law and intellectual property law"--