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1
Bicskei, Marianna, Kilian Bizer et Zulia Gubaydullina. « Protection of Cultural Goods— Economics of Identity ». International Journal of Cultural Property 19, no 1 (février 2012) : 97–118. http://dx.doi.org/10.1017/s0940739112000070.
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AbstractThis article addresses the current international debate on the protection of cultural goods. Whereas some groups (such as indigenous peoples) are arguing for the creation of cultural property rights analogous to classic intellectual property rights such as patent and copyright, most industrialized countries advocate to keep cultural goods within the public domain. In this article, we develop an economic perspective based on identity and clarify the question of which cultural goods should be protected, regulated, or left in the public domain. We conclude that protection based on the concept of identity is required for a very limited scope of cultural goods.
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Čelić, Duško. « Restrictions on property rights on immovable cultural heritage ». Zbornik radova Pravnog fakulteta, Novi Sad 55, no 4 (2021) : 545–69. http://dx.doi.org/10.5937/zrpfns55-31525.
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The paper presents the specific legal nature of cultural goods and, from that aspect, the specific and numerous restrictions on property rights. As a special kind of object, which have special quality, functions and purpose in society, cultural goods are the object of a special property law arrangement. Such, especially property related regulation, in the case of cultural goods, is the result of the coexistence of individual ("private") and public (social) interest in preserving cultural heritage as a general good of society. Restrictions on property rights on immovable cultural heritage, represent a specific concretization of the social attachment of property rights. As the main source of cultural property rights in the Republic of Serbia, the Law on Cultural Heritage, passed more than a quarter of a century ago, regulates the area of property rights on cultural goods incompletely and imprecisely, even in conflict with later regulations, the Constitution and the Law on Public Property. Numerous provisions on the rights and obligations of the owners of immovable cultural property are incomplete and imprecise and guarantees of property rights are insufficient. The paper also raises the issue of cultural property rights and property restrictions on immovable cultural heritage, which are at the same time worship temples, whose owners and users are churches and religious organizations (res sacrae). It is necessary to adjust the property restrictions of the owners of these immovable cultural heritage, to the specific needs of churches and religious organizations, as well as to further limit the possibility of encroachment on the right of ownership by public authorities.
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Sitter-Liver, Beat. « Against the right of the stronger : ethical considerations concerning cultural property ». European Review 3, no 3 (juillet 1995) : 221–31. http://dx.doi.org/10.1017/s1062798700001526.
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The ethical justification, not the juridic legitimacy of trading in art and cultural property is explored. The reflection is limited to matters of principle, the major aim being to erect a normative basis providing criteria and arguments for the debate concerning our dealing with cultural property. The terms of cultural property or cultural witness are explained. Cultural goods are considered expressions of human dignity. Accordingly, their use as a mere means contradicts the ethical responsibility of rational beings, whereas preservation and exchange of cultural goods become an ethical obligation. The traditional distinction between persons and things appears not appropriate for deciding the particular status of cultural goods, cultural property being an indispensable precondition of dignified human existence. It ought to be handed down to future generations. Restitution of cultural property is a further, though not absolute obligation. Ownership rights and the freedom to conduct trade and business do not automatically outweigh it. The buyer's claim to good faith will not necessarily protect him against the demand of restitution. With all this, the normative frame of the 1970 UNESCO Convention for preventing illicit trading in cultural property can be reconstructed: The ultimate goal of respectfully dealing with cultural property is the individual in his or her dignity as a human being, and his or her responsibility to society. Since the collective is a precondition of individual existence, it must be allowed to maintain and strengthen its identity. Cultural property is essential to that end. The respect of human dignity is thus the source of the obligation to respect cultural property.
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Dietrich, Reinhard. « Cultural Property on the Move — Legally, Illegally ». International Journal of Cultural Property 11, no 2 (janvier 2002) : 294–304. http://dx.doi.org/10.1017/s0940739102771440.
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In 1999 a load of about sixty kilograms of ancient coins, looted from illegal excavations in Bulgaria and falsely declared, were stopped by German customs at the Frankfurt Airport, on its way to the United States. Notwithstanding any rights of ownership or administrative rights to confiscate the smuggled goods, in the end the coins were returned to the dealer. The main weakness proved to be the lack of interest in an “exotic” case like this and a lack of communication among all administrative agencies concerned.
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Wang, Yanfen. « A Literature Review of Empirical Research on Trade of Cultural Goods ». Applied Finance and Accounting 6, no 1 (8 novembre 2019) : 9. http://dx.doi.org/10.11114/afa.v6i1.4609.
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UNESCO defines cultural goods as consumer products that spread ideas, symbols, and lifestyles. Cultural goods provide information and entertainment, which in turn form group identity and influence cultural behavior. The low energy dissipation, high added value and the property of value transmission of the cultural industry have made the cultural goods' status in the global trade higher annually. Meanwhile, the contribution made by cultural goods trade to the national economy has become increasingly prominent. This article provides accessible research directions and path for the follow-up study of Chinese cultural goods trade by reviewing the existing empirical research on the trade of cultural goods.
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Toledano, Joan Ramos. « Private Property Concerning Digitized Cultural Goods : Artificial Scarcity and Appropriation through Reproduction ». Journal of Arts Management, Law, and Society 48, no 5 (4 mai 2018) : 339–50. http://dx.doi.org/10.1080/10632921.2018.1461724.
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Asnis, A. Ya, et S. N. Khaziev. « Forensic Determination of the Worth of Cultural Property ». Theory and Practice of Forensic Science 16, no 2 (30 juillet 2021) : 6–17. http://dx.doi.org/10.30764/1819-2785-2021-2-6-17.
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Forensic determination of the worth of various objects involved in legal proceedings is essential for ensuring a fair trial. Determining the worth of mass-produced goods does not usually pose any difficulties. The situation is different for unique cultural values and items that are in particular demand among collectors, history buffs, and others, but are withdrawn from civil circulation for moral reasons.The article analyzes the most significant aspects of the current market of cultural values, considers the methodological foundations of the forensic assessment of the worth of cultural values, mainly works of fine and applied art. The authors substantiate the necessity for a comprehensive forensic examination of cultural values due to the requirement for preliminary identification of the authenticity of items, their author, circumstances, and time of creation. The types of research necessary for this have been identified, such as traceological, documentary, materials analysis, historical, art, and others.The paper shows that forensic assessment of the worth of the items withdrawn from civil circulation based on the data on their worth on the black (illegal) market or on the legal markets of countries where the circulation of such items is not legally prohibited is inadmissible. The prohibition on using information about events that occurred after assessing the worth of cultural property is substantiated.
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Khan, Rimi. « Creating Economy : Enterprise, Intellectual Property, and the Valuation of Goods ». Journal of Cultural Economy 13, no 2 (11 février 2020) : 255–59. http://dx.doi.org/10.1080/17530350.2020.1719873.
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Nikolić, Dušan, et Sloboda Midorović. « Development of special property rights regimes ». Zbornik radova Pravnog fakulteta, Novi Sad 55, no 1 (2021) : 67–92. http://dx.doi.org/10.5937/zrpfns55-31000.
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In recent years, the shaping of special legal regimes has been intensified. They discreetly influence the ideological and value orientation of the Civil law and, to an increasing extent, its structure. Deviation from the general legal regime means that individuals or narrower social groups are brought either to a privileged or to a less favorable position in relation to other right holders. A more pronounced disparity between the general and the special can affect the stability of society, especially when it comes to the segment of the legal system that regulates issues related to the distribution and appropriation of goods in the domain of Real property law and Inheritance law. The introduction of new special legal regimes should affect the spread of Civil law. However, in most legal systems there is an opposite trend. New legal institutes that are in the function of implementing special legal regimes are governed by special regulations and often become part of separate, independent branches of law. Dispersion is especially emphasized in the domain of Real property law. The problem is that special legal regimes have not been the subject of more detailed studies in domestic doctrine. In this paper, questions concerning their conceptual definition, legal nature and practical significance are opened. In the first part, which could be conditionally called general, the current problems related to ideological and systemic dilemmas are analyzed. In the second, special, the current concept of a special property regime that applies to cultural goods is analyzed. Cultural goods are material elements of the cultural heritage of our country. The Constitution of the Republic of Serbia recognizes their status as goods of public interest, which implies the need for their enhanced protection. It is achieved by prescribing various public law restrictions that narrow the autonomy of the will of the owner. The paper analyzes the limitations of property entitlements for immovable and movable cultural goods, as well as for the goods that enjoy prior protection. Domestic regulations are inadequate in some segments because they provide for excessive restrictions (e.g. when determining the category of goods to which the right of pre-emption applies), because in some places they are insufficiently precise (in terms of determining the holder of the pre-emption right), or insufficiently elaborated (due to the failure to provide for the notification (die Anmerkung) of an (immovable) property that enjoys prior protection in the real estate cadastre). This emphasizes the importance of striving to achieve a fair balance between the public interest of the community, on the one hand, and the interests of owners, on the other.
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Chen, Yun Shing, Da Wei Lin, Yu Lin Hsu et Pai Ling Chang. « Legal Safeguard from Intellectual Property Rights of Cultural Creative Industry ». Applied Mechanics and Materials 311 (février 2013) : 305–9. http://dx.doi.org/10.4028/www.scientific.net/amm.311.305.
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Just over twelve years ago, United Nations Educational, Scientific and Cultural Organization (UNESCO) published the Culture, trade and globalization: questions and answers. In the book, the first ever definition of ‘cultural industries’ is applied to ‘those industries that combine the creation, production and commercialization of contents that are intangible and cultural in nature. These contents are typically protected by copyright and they can take the form of goods or services.’ Cultural creations need guiding and checking on, and that is the reason why there is art director or creative director, so-called the ‘gate-keeper’, controlling over the quality of creations. If a gate-keeper builds a safeguard in the cultural creative behavior, lacking the check on the legal protection in the cultural creative industries, and whether the information of cultural industry element has touched on the question of the intellectual property rights infringement, then it will result in a disastrous consequence. This is the topic which the article researches on.
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Dzienis, Paweł. « Functioning of prohibitions and restrictions on the use of real property protecting the cultural landscape on the example of the Wilanów Cultural Park. Part 2 : empirical ». Nieruchomości@ I, no I (31 mars 2021) : 135–53. http://dx.doi.org/10.5604/01.3001.0014.7464.
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The second part of the article on the juridical dimension of the Wilanów Cultural Park confirms the justification for that the existence of this area-based form of monument protection in casu is well founded. It completes the dogmatic analysis of presented in the first part. Here too, the key issues are the restrictions on the ownership right to property and the need to balance them with under the civil law. The author used the empirical method in the form of a survey of questionnaires directed addressed, within the frame in the mode of access to public information, to institutions that faced these came across the title problems in the Wilanów Cultural Park. The presentation of the research results leads to the a conclusion that the collision – goods conflicting values protected by under the law, i.e. – protection of monuments and property ownership rights of to real estate property located in the Park, with a particular emphasis on the dynamically developing Miasteczko Wilanów, have been properly balanced. The structure of land ownership analysis completes the belief conviction that the protectiveon instruments used are adequate. The observAbsence ation of the lack of claims leads the author to formulate a conclusion about the priority of a prospective – instead rather than of an adjustivecorrective – action impact of the resolution establishing the Wilanów Cultural Park on the cultural landscape and the constitutive real properties.
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Oleksandr, Malyshev. « Cultural Heritage in Juridical Realm of Things ». Yearly journal of scientific articles “Pravova derzhava”, no 31 (2020) : 169–79. http://dx.doi.org/10.33663/0869-2491-2020-31-169-179.
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Introduction. This article deals with the concepts of cultural heritage and cultural property from the standpoint of legal history and philosophy. This research reflection was inspired by the Draft Law of Ukraine “On Cultural Market Goods”. The author follows the path determined by language and by peculiarities of civil law tradition. It is high time to return to a dialectical understanding of Romance and Germanic traditions as two contradictive poles of heritage law understanding in Continental Europe. The aim of the article is the analysis of the correlation of “cultural heritage” and “cultural property” notions within international law and national law of Ukraine, and integration of these notions into the united concept of heritage law. Results. First, the fundamental terms and definitions – for instance, “bien” (French) and “Sache” (German) – related to the property law have been analysed in relevant civil codes of Romance and Germanic traditions. The property law in the civil law tradition provides a certain legal description of the whole visible and abstract world. Hence, the way passed from the Napoleonic Code to the German Bürgerliches Gesetzbuch was both the development of legal forms, as well as the evolution of the world outlook reflected in the legal texts. In the French Code civil, one can observe a baroque pattern of the world of things, especially manifested by a difficult correlation between “bien” and “chose” concepts. The definition of “Sache” in Bürgerliches Gesetzbuch demonstrates the positivistic world vision. Because Bürgerliches Gesetzbuch is more advanced from the legal drafting methodology, its specific patterns and notions were implemented by the civil codes of the majority of European countries. On the contrary, in the heritage law realm, the Romance “bien” concept has been dominating. Conclusions. Paper states that the Romance law tradition and, particularly, the French doctrine of the civil law have a determining impact on the roots and on the formation of the modern vision of the cultural property. Hence, such doctrinal foundations seem to be efficient for a systematic and organic comprehension of the heritage law.
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Paumgartner, Nikolaus Thaddäus, et Raphael Zingg. « The Rise of Safe Havens for Threatened Cultural Heritage ». International Journal of Cultural Property 25, no 3 (août 2018) : 323–46. http://dx.doi.org/10.1017/s0940739118000188.
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Abstract:In light of the recent rise of destruction and looting of cultural property, a need for formalized heritage protection has arisen. Increasingly popular in the debate has become the instrument of international assistance known as “safe havens.” These temporary refuges for at-risk cultural goods in a third country have recently been implemented by Switzerland, France, the United States, and the Association of Art Museum Directors. We assess the contributions and shortcomings of these four regimes using a comparative approach. Mainly, we find that, despite variations in their scope and structure, none of the models accounts entirely for today’s major difficulties in protecting endangered cultural properties. We draw recommendations for future safe haven states against the backdrop of the existing models and hope to see the instrument used in practice as a way to safely isolate cultural property from destructive conflicts.
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Boța Moisin, Monica Florina. « Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized ? » Polish Law Review 2, no 2 (31 décembre 2016) : 75–85. http://dx.doi.org/10.5604/24509841.1230277.
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Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Constantly present not only in the fashion industry but all creative industries, designs inspired by tradition are and cannot be regarded as “just a trend”. Creative design is fundamentally different than tradition inspired design, as the latter is strictly connected with the interpretation of the values, traditions and creative mantras of the generating communities.In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the national legal system. The main question of this paper is whether a cultural intellectual property right should be granted constitutional recognition. This paper further proposes the design and implementation of a protection system dedicated to safeguarding and promoting autochthonous elements of design through mechanisms that ensure authenticity, encourage creativity and innovation with respect of cultural identity, and positive exploitation of traditional knowledge. This core of this discussion stems from a project pilot initiated in Romania, supporting the development of a dedicated legal protection mechanism for IA – the Romanian Blouse, a Romanian element of ancestral fashion that has recurrently inspired fashion designers worldwide, and the cultural movement La Blouse Roumaine, that led to the recognition of a universal celebration of the Romanian Blouse on June 24th – The Universal Day of the Romanian Blouse.
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Szabados, Tamás. « In Search of the Holy Grail of the Conflict of Laws of Cultural Property : Recent Trends in European Private International Law Codifications ». International Journal of Cultural Property 27, no 3 (août 2020) : 323–47. http://dx.doi.org/10.1017/s0940739120000223.
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AbstractMost private international laws do not address cultural property specifically but, instead, apply the general lex rei sitae rule also to artifacts. Legal scholarship has revealed the flaws of the rigid application of the lex rei sitae principle to cultural goods and has proposed alternative connecting factors, such as the lex originis principle, to prevent forum and law shopping in this field. Reacting to the criticisms, some of the more recent private international law codifications have decided on the adoption of specific rules on stolen and illegally exported cultural goods that combine the lex rei sitae and the lex originis rules and provide room for the parties’ autonomy. This article draws the conclusion that these more recent legislative solutions do not necessarily promote legal certainty and predictability with regard to the governing law and are far from being a Holy Grail for the conflict of laws of cultural property, whether on a national level or within the European Union.
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Stamate-Ștefan, Andreas, Matei-Alexandru Apăvăloaei, Vlad I. Roşca, Mihaela Iacob et Octavian-Dragomir Jora. « “The Price of Everything and the Value of Nothing!?” – What Cultural Capitalism Is and What It Cannot Be Accused of Being ». Proceedings of the International Conference on Business Excellence 15, no 1 (1 décembre 2021) : 861–72. http://dx.doi.org/10.2478/picbe-2021-0079.
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Abstract The present paper is a defense of the free-market economy/capitalism as a proper institutional setting for both producing and preserving cultural goods. We argue that culture is best served by a framework in which economic agents can evaluate their cultural consumption and production in a market order based on private property rights and monetary prices. In this vein, we first put, in contrast, two important lines of thought on the subject of value and capital in cultural matters. On the one hand, the mainstream approach upholds both that “cultural value” is intrinsic (and measurable) and that a fourth type of capital (namely “cultural capital”) can be introduced in the capital theory. On the other hand, by using a qualitative research methodology, based on deductive reasoning and historical analysis, we contrast the mainstream/neoclassic view with the praxeological approach of the Austrian School of economics. We conclude that neither “cultural value” is an objective fact, nor that the very concept of “cultural capital” can be integrated coherently in the economic theory. Yet, we claim that private management of cultural goods is superior to their public administration, due to (1) a genuine interest of private owners to rationally exploit cultural goods according to the subjective preferences of cultural consumers, (2) the inbuilt sustainability of the free-market economy as concerns the efficient exploitation of the cultural goods.
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Nikolentzos, Kostas, Katerina Voutsa et Christos Koutsothanasis. « What Does It Take to Protect Cultural Property ? Some Aspects on the Fight against Illegal Trade of Cultural Goods from the Greek Point of View ». International Journal of Cultural Property 24, no 3 (août 2017) : 351–76. http://dx.doi.org/10.1017/s0940739117000170.
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Abstract:An overview of both the theoretical approach and the set of actions taken during the last decade by Greece – a country with a profound historical background and rich cultural heritage – to face the problem of the illicit trade of cultural goods. The article contains not only statistical data on recent cases of thefts, clandestine excavations, confiscations, and repatriations of cultural goods but also information on law enforcement and the effort to establish a network to fight the phenomenon on an international level. Aspects such as conforming to the international law, monitoring auctions of antiquities, raising people’s awareness, and reinforcing the current security status of museums and archeological sites are taken into consideration as successful methods for protecting the cultural heritage.
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Jora, Octavian-Dragomir, Matei-Alexandru Apăvăloaei et Mihaela Iacob. « The cultural heritage circulation in a globalized world : Should we build stronger borders or stronger bridges ? » Proceedings of the International Conference on Business Excellence 12, no 1 (1 mai 2018) : 1069–79. http://dx.doi.org/10.2478/picbe-2018-0096.
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Abstract The scope of this paper is to explore if the free market and its corollaries - private property and the freedom to trade both nationally and internationally - are compatible with the conservation, search and optimal use of heritage goods. Our argument starts from the fact that culture is not a free-floating wraith but a set of tangible and intangible elements that are attributed special spiritual signification by the present generation and that are dependent on scarce material means to be expressed and passed on to our heirs. By taking scarcity as our starting point, we will provide an economic analysis of the implications that follow from the alternative approaches that can be employed to manage heritage goods, namely, a private property order coordinated through prices or a public property form of organisation coordinated through orders and interdictions. After tracing the implications of these two general principles of allocating resources, we will briefly look at how heritage goods are regulated, both on a national and international level, to gain a better understanding of the spirit that permeates the "rules of the game." Finally, we are going to see how the two general principles (market vs command and control) apply to the debate raging between the cosmopolites and the nationalists regarding the international trade in heritage goods. After carefully scrutinising some of the arguments put forward in this dispute over the appropriate means to be used, we conclude that free markets and free trade are the only adequate ways for reaching the objective sought by those on both sides of the debate.
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Jora, Octavian-Dragomir, Matei-Alexandru Apăvăloaei et Mihaela Iacob. « Cultural heritage markets : are traders traitors ? Winners and losers from cross-border shifts of historical artefacts ». Management & ; Marketing 13, no 2 (1 juin 2018) : 897–912. http://dx.doi.org/10.2478/mmcks-2018-0012.
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Abstract The concept of cultural heritage covers the tangible and intangible things bequeathed from the past generations along with a spiritual signification, beyond any other serviceableness. Anthropologists, sociologists, philosophers and aesthetes are the critical reviewers of the field, while legalists and economists contribute with their own concerns: regulation and evaluation. Be it of tangible nature – i.e., buildings, sites, paintings, sculptures or various other artefacts – or of an intangible one – i.e., traditions, practices, beliefs, literary or musical compositions –, the cultural heritage has challenged the economists urging them to offer sophisticated tools to assess its value, to make cost-benefit analyses with respect to its preservation, restoration or reuse. The supporters of regulation in the cultural goods market justify it through the fact that the market cannot provide in an efficient manner this type of goods, the solution being national government intervention – i.e., for the regulation and finance of cultural/heritage goods – or even international government regulation, in cases when national states’ failure is encountered. A widespread opinion is that heritage is communal, par excellence, this view implicitly adjusting the acceptation that private property has in the cultural realm. The present paper addresses the reality and the necessity of ownership and movement of heritage goods especially in the international markets, considered as a dangerous vacuum for national cultural treasuries.
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Midorovic, Sloboda. « Good faith in the context of restitution of cultural property ». Zbornik radova Pravnog fakulteta, Novi Sad 50, no 3 (2016) : 957–74. http://dx.doi.org/10.5937/zrpfns50-12421.
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Mikheeva, Irina V., Anastasia S. Loginova et Natalya V. Рronina. « Regime for the Movement of Cultural Property in the EAEU ». Vestnik Tomskogo gosudarstvennogo universiteta, no 458 (2020) : 250–60. http://dx.doi.org/10.17223/15617793/458/30.
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The article discusses the peculiarities of moving cultural values across customs borders of the Eurasian Economic Union (EAEU). The introduction of restrictive regimes for the export and import of cultural values is determined, on the one hand, by the desire of states to activate integration processes for the development of economic, social, and cultural interaction, and, on the other hand, by the aim to preserve their cultural heritage. The aim of the study is to identify comparative characteristics of national regimes of moving cultural property and determine their correlation with similar supranational rules. The article includes an analysis of the EAEU member states’ “cultural” legislation (Russia, Belarus, Kyrgyzstan, Armenia, and Kazakhstan) and the EAEU intergovernmental acts such as the Treaty on the Eurasian Economic Union with Annexes. The authors also review the judicial practice of Russian courts, the advisory opinion of the Court of the Eurasian Economic Union and decisions of the Eurasian Economic Commission. The methodological basis of the article consists of genetic and structural-functional approaches; analysis and synthesis; special formal legal and comparative legal methods. The analysis of supranational regulation of moving cultural values allows drawing attention to the ambiguity of the EAEU law connected with the subjects that introduce the restrictions of moving certain goods, including cultural values, in the territory of the Union. It is against this background that the increasing importance of the systemic correlation of national restrictive norms is shown. Meanwhile, there are differences in the temporal aspects of the regimes (the period for obtaining an export license is from several days to several months; there are different deadlines for temporary export and examination), in procedural requirements (provision of cultural values for inspection could be obligatory or necessary only under certain conditions), in financial support (payment for carrying out the necessary procedures for the export of cultural values such as examination, for example), etc. The authors note that the content of the permissive regimes for moving cultural values across national borders is disjointed. In the context of the ambiguity of supranational legislation, it is expedient to make a judgment about the prematurity of introducing rules on the priority of the EAEU law regarding the procedure for the export and import of cultural values across the Russian state border into the legislation of the Russian Federation. This judgment is supported by amendments to the Constitution of the Russian Federation on the conditions for the application of international standards in the territory of Russia. In this regard, an algorithm for minimizing regulatory diversity in the movement of cultural values within the EAEU is proposed.
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Wassall, Gregory H. « The Role of Cultural Assets in European and United States Urban Regeneration ». Advanced Engineering Forum 11 (juin 2014) : 323–29. http://dx.doi.org/10.4028/www.scientific.net/aef.11.323.
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This paper compares the role that cultural economic development has played in countries on both sides of the Atlantic. It evaluates reasons why the United States and Western European countries have pursued contrasting policies, and whether both have benefited from the paths they have taken. Although the dichotomy is not perfect, Western European countries have relied more on heritage goods, while the United States is more renowned for its intellectual property industries. The paper concludes with an argument that each regions strategy may be optimal, given its endowments and constraints.
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Damsar, Damsar. « Genealogy of Counterfeit Goods : The Indonesian Experience ». Jurnal Ilmu Sosial Mamangan 11, no 2 (1 décembre 2022) : 93–100. http://dx.doi.org/10.22202/mamangan.v11i2.6267.
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The purpose of this study is to find the genealogy of counterfeit goods from the Indonesian experience. This study uses genealogy as a method for understanding discourse, whether it is written in the library or spoken in terms of proverbs, words of wisdom, or social praxis that has become local wisdom. The genealogy of counterfeit goods in Indonesia was inseparable from the historical roots of global capitalism which were embedded through Auteurswet 1912. The term counterfeit goods is related to copyright and intellectual property rights in positive law vis a vis local wisdom and the socio-cultural history of indigenous peoples is related to imitative goods.
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Ivanova, Zh B., et I. V. Kruchek. « THE SAFEGUARDING OF THE INTANGIBLE CULTURAL HERITAGE THROUGH THE REGISTRATION OF TRADEMARKS ». Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no 2 (2020) : 128–33. http://dx.doi.org/10.37279/2413-1733-2020-6-2-128-133.
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This article attempts to consider the preservation of the intangible cultural heritage as one of the most important conditions for the harmonious development of modern Russian society. The author analyzes the judicial practice and databases of registered trademarks, which allowed us to come to the conclusion about the active use in business of the names of characters of national folklore in the means of individualization of goods and services. This indicates the popularization of the intangible cultural heritage of the peoples of the Russian Federation, ensuring the viability of folklore characters in intellectual property, and is in harmony with the national project «Culture».
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Rubinstein, А. Ya. « Creative economy of the paternalistic state : What does the coming day hold for us ? » Journal of the New Economic Association 54, no 2 (2022) : 209–12. http://dx.doi.org/10.31737/2221-2264-2022-54-2-11.
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The paper presents the author’s view on the formation of economics of culture which was acceded to the neoclassical theory as a branch science only in the second half of XXth century with the inherent law of «price disease» causing deficiency of income of cultural goods producers. The present stage of the development of this science is determined by the modern theory of economic growth where the hypothesis of dependence of total factor productivity on intangible assets is presented as an innovation allowing discovering inner resources of culture and other creative economy branches which fundamentally change their position in the economic world. The question is about the economic valuation of the results of cultural activity, including copyrights that were transformed into intellectual property. At the same time, the article formulates a contrary assessment of the concept of cultural industries, which can only become an additional reason for the financial authorities to reduce the amount of budget subsidies to producers of cultural goods.
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Topchiyiv, Alexandr G., Vitalii A. Sych, Victoria V. Yavorska, Kateryna V. Kolomiyets, Alexander V. Hryhoriev et Ihor V. Hevko. « Methodological principles of systematics of recreational goods ». Journal of Geology, Geography and Geoecology 30, no 4 (27 décembre 2021) : 762–71. http://dx.doi.org/10.15421/112170.
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The article presents an overview of modern directions and approaches to systematics of recreational resources (goods). The purpose of our study is to develop methodological principles of systematics of recreational goods, taking into account their subject specificity and modern research approaches to the systematics of natural, historical, cultural and socio-economic conditions and resources. The article has been used development by domestic and foreign scientists, as well as preliminary author’s studies. Working-out of a scheme of recreational goods systematics took place on the basis of a dialectical approach, which requires all phenomena and processes in their development, interconnection, and interdependence. The article presents an overview of modern directions and approaches to the systematics of recreational goods and provides a general methodological scheme of systematics of recreational goods. The proposed scheme includes the division of recreational goods to natural, cultural and historical and socio-economic, as well as directions of use by recreational goods – public, collective and personality. The intersections of these categories are marked by the main methodological approaches to the evaluation of recreational conditions and recreational resources. For each direction of the classification and systematics of recreational goods, it is necessary to develop methodological principles and methodological means of inventory and assessing the corresponding combination of recreational conditions and resourceswith forms of use by recreation goods. Such justification also requires enclosed blocks of recreational conditions and resources and social varieties of use. Recreational conditions and resources of public usage are available for all users without restrictions of property rights; they are considered as global civilization goods as the “property” of the world community; they do not have the content of the goods and do not form appropriate market relations, as a rule, a global or regional spatial scale. Recreational conditions and resources of collective usage form natural and geographical objects and phenomena with different forms of ownership (state, corporate) and collective (group) use. They can be shared by common goods, do not have a form of commodity and not take part in market commodity- money circulation. Recreational conditions and resources of individual usage are private or group property of vacationers. They remain outside the economic assessment, but can also form their market environments with competitive relations and be objects of commodity-money circulation.
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Chowdhury, Mohammad Aktarul Alam, et Md Hasnath Kabir Fahim. « REVISITING THE GEOGRAPIDCAL INDICATION REGIME IN BANGLADESH : TRIPS COMPATIBILITY AND PROSPECTIVE CHALLENGES ». UUM Journal of Legal Studies 14, no 1 (18 janvier 2023) : 89–111. http://dx.doi.org/10.32890/uumjls2023.14.1.4.
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In the domain ofintellectual property (IP), the Geographical Indication (GI) is deemed to be a sleeping beauty due to its imperial reverberation in consolidating cultural and economic values, particularly in the developing and least developed countries. Bangladesh, being rich in cultural diversities and traditions, has a number of world famous foodstuffs, handicrafts, agricultural products and cultural heritage that could qualify as geographical indications. In this context, the country introduced a sui generis method of GI protection with the promulgation of the Geographical Indications of Goods (Registration and Protection) Act, 2013, which was also monumental in discharging Bangladesh's obligation under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The present paper has :firstly chosen to examine the concept of the GI and its legal framework from the IP perspective in order to safeguard both the cultural legacy and genuine producers of geographically exhibiting products of Bangladesh. The key focus of this paper is, however, on the compatibility of TRIPS to Bangladeshi law, particularly inrelation to the aspects of protection and registration of Gls, and to identify the unexplored challenges that the country is supposed to confront as a developing nation. Finally, this article portrays some way-outs to combat potential challenges and help ensure the prospects of Bangladesh in an ever expanding local and global market of GI goods.
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KALAYCIOĞLU, SIBEL, et HELGA RITTERSBERGER-TILIÇ. « Intergenerational solidarity networks of instrumental and cultural transfers within migrant families in Turkey ». Ageing and Society 20, no 5 (septembre 2000) : 523–42. http://dx.doi.org/10.1017/s0144686x99007916.
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Over the last fifty years, the pattern of family life in Turkey has been seriously affected by migration. Despite this, there remains a high degree of solidarity typified by transfers of income, material goods and cultural mores between and within family generations. This article is based on the life histories of fifteen migrant families living in Ankara, the capital city of Turkey. In-depth interviews were used to collect information about at least three generations in each family. Information was collected about occupational, educational and migration histories, property ownership, care of dependents, and parent-child relations covering three generations.
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Mohamad, Junainah, Suriatini Ismail et Rosdi Ab Rahman. « VALUATION OF CULTURAL HERITAGE ASSET : ISSUES AND CHALLENGES ». International Journal of Creative Future and Heritage (TENIAT) 2, no 1 (30 juin 2014) : 65–75. http://dx.doi.org/10.47252/teniat.v2i1.230.
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AbstrakPenilaian hartanah warisan budaya adalah berbeza bila dibandingkan dengan aset atau hartanah lainkerana warisan budaya tidak dapat dijualbeli secara aktif dalam pasaran. Kebanyakan orang termasukprofesional dan orang awam beranggapan harta warisan budaya sangat bernilai dan tidak dapat dinilai.Keunikan harta warisan budaya ini menjadikannya sukar untuk dinilai dengan kaedah konvensional yangsedia ada. Kaedah-kaedah innovasi yang terkini yang digunakan dalam harta warisan budaya adalahStated Preference method dan Revealed Preference method. Kaedah ini adalah di bawah kategorikaedah penilain ekonomi bagi non-market goods. Pada asasnya, adalah sangat penting untuk menilaiharta warisan budaya kerana (1) untuk mengakui dan menghormati keseluruhan harta warisan budaya(2) untuk menghargai keperluan penyelenggaraan dan pemeliharaan harta warisan budaya dan (3) bagimembantu menjawab akauntabiliti bagi mengekalkan kegunaan harta warisan budaya yang berterusan.Disebabkan pemikiran lalu di mana kebanyakan orang beranggapan bahawa harta warisan budaya adalahnon-reproducible, non-economic commodity dan non-substitutable maka wujud cabaran dalam menilaiharta warisan budaya. Kajian ini menyenaraikan keperluan dan cabaran dalam menilai harta warisanbudaya. Abstract A valuation of cultural heritage asset is different from other kinds of asset or property because culturalheritage is not normally traded actively in the market. Most people including professional and the generalpublic think cultural heritage is priceless and cannot be valued. The uniqueness of cultural heritage assetsmakes it difficult to be valued using the existing conventional methods. The most recent innovative methodsused in valuing cultural heritage asset are Stated Preference method and Revealed Preference method.Both methods are under economic valuation method for non-market goods. Essentially, it is very importantto assess the cultural heritage asset value in order to 1) acknowledge and respect the full worth ofheritage asset, 2) appreciate the need for maintenance and preservation of cultural heritage asset and, 3)assist in responding to calls for more accountability for the sustained use of these assets. Because of pastthinking where people believe that cultural heritage asset is non-reproducible, non-economic commodityand non-substitutable there are challenges exist in valuing cultural heritage asset. This paper highlightsthe need and challenges in valuing cultural heritage asset.
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Counse, Graeme. « Röschenthaler, Ute, and Mamadou Diawara (eds.) : Copyright Africa - How Intellectual Property, Media, and Markets Transform Immaterial Cultural Goods ». Anthropos 112, no 2 (2017) : 706–7. http://dx.doi.org/10.5771/0257-9774-2017-2-706.
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Guss, Aleksandra. « Restytucja dóbr kultury utraconych przez Chińską Republikę Ludową na przykładzie odzyskiwania brązowych głów zwierząt z Yuanming Yuan ». Gdańskie Studia Azji Wschodniej, no 20 (2021) : 38–54. http://dx.doi.org/10.4467/23538724gs.21.005.14837.
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Restitution of cultural property by the People’s Republic of China on the example of the recovery of the brown heads of animals from Yuanming Yuan Restitution of cultural goods is a very complicated issue in practice, encountering many problems on its way. Most international conventions, including the 1970 UNESCO Convention and the 1995 UNIDROIT Convention, provide for non-retroactivity of their provisions and a limited time to bring claims for reimbursement. Another problem is the still low number of ratifications of both conventions, especially the one from 1995. Also, the national legislation of many countries still does not contain regulations in this area and appropriate restitution instruments. Once the Chinese government realized the value of its cultural heritage treasures as a source of national and political identity, it began the process of restoring looted cultural assets. This is not an easy task, because a large part of the objects was stolen a long time ago, which directly prevents the application of international legal regimes resulting from conventions on the return of stolen or illegally exported goods. The case of bronze statues from the Yuanming Yuan shows another way to recover looted cultural goods. It is based primarily on the national identity of Chinese society, which treats looted artifacts as an important element of their history and culture. Thanks to private collectors and entrepreneurs who had bought such objects and then donated them to Chinese museums and institutions, it was possible to regain many of the lost cultural goods. The aim of article is to provide a general overview of the People’s Republic of China’s restitution policy, its methods and effects, using the example of the recovery of Chinese bronze heads stolen from Yuanming Yuan.
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Lee, Gyooho. « Restitution of stolen cultural properties : Lessons and challenges from recent Korean cases ». Pravovedenie 64, no 1 (2020) : 164–75. http://dx.doi.org/10.21638/spbu25.2020.113.
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The Republic of Korea adopted the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property on 14 February, 1983. The Convention has some disadvantages in that its scope does not cover the cultural properties stolen from Korean territory during the Japanese colonial era, which lasted from 1910 to 1945, and the Korean War from 1950 to 1953 because it cannot be retroactively applied to cultural properties stolen during these years, and it falls within the field of public international law. Hence, in order for the Korean government and the legal community to seek more effective methods of restitution of cultural properties stolen during these periods, alternative legal tools need to be discussed. Some good examples include the donation or purchase of stolen cultural property, arbitration of disputes over the restitution of cultural property, bilateral international instruments concerning the restitution of cultural property, and the restitution of stolen cultural property though the application of foreign domestic public law or private international law. In particular, the main focus of this article is on the restitution of stolen cultural property though foreign domestic public law or private international law. At the beginning of the article, it is illustrated where overseas Korean cultural properties are located. The article then delves into why the focus is on the restitution of stolen cultural property though the application of foreign domestic public law or private international law. Three examples are discussed based on these scenarios. The article concludes by looking at the lessons learned from these cases and the challenges that the Korean government and legal community are likely to face.
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Burri, Mira. « Global Cultural Law and Policy in the Age of Ubiquitous Internet ». International Journal of Cultural Property 21, no 3 (août 2014) : 349–64. http://dx.doi.org/10.1017/s0940739114000137.
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Abstract:Digital technologies and the Internet in particular have transformed the ways we create, distribute, use, reuse, and consume cultural content; have impacted the workings of the cultural industries, and more generally the processes of making, experiencing, and remembering culture in local and global spaces. Yet, few of these, often profound, transformations have found reflection in law and institutional design. Cultural policy toolkits, in particular at the international level, are still very much offline and analog and conceive of culture as static property linked to national sovereignty and state boundaries. The article describes this state of affairs and asks the key question of whether there is a need to reform global cultural law and policy and if yes, what the essential elements of such a reform should be. The article is informed by the ongoing and vibrant digital copyright and creativity discourse1but seeks to address also the less discussed, non–intellectual property tools of the cultural policy package. It thematizes the complexity and the interconnectedness of different fields of policymaking, as various decisions critical to cultural processes are made by institutions without cultural mandate. While this problem is not entirely new and is naturally triggered by the intrinsic duality of cultural goods and services, the article argues that the digital networked environment has only accentuated complexity, spillover effects, and unintended consequences. The question is how to navigate this newly created and profoundly fluid space, so as to ensure the preservation and sustainable provision of culture. The article hopes to contribute to the process of finding answers to this taxing question by identifying a few essential elements that need to be taken into consideration when designing future-oriented cultural policy.
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Phuong, Phung Thi Thuy. « Solutions to develop the cultural market in the context of integration ». International Journal of English Literature and Social Sciences 7, no 4 (2022) : 164–69. http://dx.doi.org/10.22161/ijels.74.25.
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The cultural market is a market for specific goods in the field of ideological culture. The birth and development of the cultural market in Vietnam are also later than that of other countries in the world. Cultural products and services are special goods that meet the cultural and spiritual needs of people. In addition to the market role in the socio-economic development of the country, the cultural market also plays an important role in comprehensive human development in the context of Vietnam's current international integration. Therefore, the content of cultural market management needs to be properly identified, enough to enhance the effectiveness of state management and promote the cultural market to develop in the right direction to meet the cultural and spiritual needs of the whole world society.
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Forte, Fabiana, Vincenzo Del Giudice, Pierfrancesco De Paola et Federica Troisi. « Valuation of the Vocationality of Cultural Heritage : The Vesuvian Villas ». Sustainability 12, no 3 (28 janvier 2020) : 943. http://dx.doi.org/10.3390/su12030943.
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The Vesuvian Villas are a system of architectural assets that, due to important artistic, historical and typological characteristics, have relevance that is not only local. However, due to ineffective management policies and insufficient financial resources, the system of the Vesuvian Villas is subject to abandonment or to invasive transformations for speculative purposes. The management policies for these real estate goods would require a profound theoretical and operational review that, together with the overcoming of the binding instrument as the only guarantee of protection, pursues conservation through synergies founded on appropriate uses of the Vesuvian Villas. This innovative path is difficult to implement due to the substantial rigidity of the architectural structures and the transformations aimed at renewing the forms of use, but mostly for the lack of available financial resources. Starting from the analysis of the relationships between conservation and transformation of the historical architectural asset, the paper proposes a multicriteria analysis model for the evaluation of the "vocational" nature of the "Villa Vesuviana" property, aimed to its conservative reuse. This suitability was assessed starting from a set of indicators explaining the actual state of the building (typological, morphological, structural and artistic characteristics) and its location. The indicators have been evaluated through qualitative judgments made using the hierarchical analysis technique. Particular attention was paid to the evaluation of synergies deriving from complementary uses.
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Fisman, Raymond, et Shang-Jin Wei. « The Smuggling of Art, and the Art of Smuggling : Uncovering the Illicit Trade in Cultural Property and Antiques ». American Economic Journal : Applied Economics 1, no 3 (1 juin 2009) : 82–96. http://dx.doi.org/10.1257/app.1.3.82.
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We empirically analyze the illicit trade in cultural property and antiques, taking advantage of different reporting incentives between source and destination countries. We generate a measure of illicit trafficking in these goods by comparing imports recorded in United States' customs data and the (purportedly identical) trade recorded by customs authorities in exporting countries. This reporting gap is highly correlated with corruption levels of exporting countries. This correlation is stronger for artifact-rich countries. As a placebo test, we do not observe any such pattern for US imports of toys. We report similar results for four other Western country markets. (JEL F14, K42, Z11, Z13)
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Hardy, Samuel Andrew, et Stephen Tong. « Quantitative analysis of open-source data on metal detecting for cultural property : Estimation of the scale and intensity of metal detecting and the quantity of metal-detected cultural goods ». Cogent Social Sciences 3, no 1 (1 janvier 2017) : 1298397. http://dx.doi.org/10.1080/23311886.2017.1298397.
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Nendrawan, Putu, et Gede Rastika. « mplementasi Perlindungan Hukum Hak Kekayaan Intelektual (HKI) Terhadap Ekspresi Budaya Tradisional (EBT) Di Tinjau Dari UU Nomor 28 Tahun 2014 Tentang Hak Cipta ». Jurnal Pacta Sunt Servanda 2, no 1 (1 juillet 2021) : 36–47. http://dx.doi.org/10.23887/jpss.v2i1.460.
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The purpose of this research is to find out how the current intellectual property rights (IPR) protection which regulates Traditional Cultural Expression (EBT). The research approach method used in this study is a juridical empirical method with descriptive analytical specifications. The results of the study found that Traditional Cultural Expressions (EBT) need protection of Intellectual Property Rights (HKI). The government's efforts to protect Traditional Cultural Expressions (EBT) can be carried out by implementing appropriate and proper protection regulations for Traditional Cultural Expressions. The importance of implementing proper and good regulations with the aim of protecting in the future Traditional Cultural Expressions do not experience extinction at both the regional and national levels.
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Putri, Ria Wierma, Yunita Maya Putri, Mahathir Muhammad et Tristyanto Tristyanto. « The Legal Protection Towards Traditional Clothes : Intellectual Property Regimes in ASEAN ». Substantive Justice International Journal of Law 5, no 1 (22 juin 2022) : 49. http://dx.doi.org/10.56087/substantivejustice.v5i1.165.
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Traditional clothing is one of the essential identities in Southeast Asian countries, knowns as ASEAN members; it was once used to showcase individual status in the community. It is still important today and worn on particular occasions to preserve tradition, and now it's emerged as one of the commercial goods. Yet, it becomes a vulnerable commodity when it becomes the object of cultural piracy, dispute of ownership, and disagreement of origin. The problem will continue to be detrimental to indigenous peoples who own it and possibly rift the relationship between ASEAN countries. The protection of traditional clothing in ASEAN is still weak, and there has been no specific legal instrument to regulate it. The intellectual property right (IPR) regime protects traditional clothing as a traditional cultural expression (TCE). TCE protection is part of the international regulation of intellectual property; however, without it well-implemented at the domestic level, TCE can easily be claimed as belonging to other parties who first published and registered them. This research will examine the legal protection of traditional clothes under IPR regimes in ASEAN in their national legal regulations. This research uses a comparative approach that primarily examines the laws and regulations governing the protection of Intellectual Property Rights in ASEAN countries. This research indicates that no single country in ASEAN has a specific law related to traditional cultural expressions (TCE) protection on traditional clothes. The protection for traditional clothes will be embedded in other IPR regimes such as Copyright, trademark, or non-IPR legislation.
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Curtis, Johnlee Scelba. « Culture and the Digital Copyright Chimera : Assessing the International Regulatory System of the Music Industry in Relation to Cultural Diversity ». International Journal of Cultural Property 13, no 1 (février 2006) : 59–97. http://dx.doi.org/10.1017/s0940739106060024.
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This article examines the international legal regime that governs cultural commodities by providing an up-to-date stocktaking in the field. In doing so, this paper focuses on the music industry, both as the general backdrop and as a context in which to observe the evolution of the current regulatory regime. It includes a review of the history of the commoditization process of musical goods, the requisite legislative and judicial decisions, the international regulatory environment, and a tripartite case study. By reviewing various approaches and examining several recent arenas where the issues have been implicated, the author demonstrates that, in its current form, the international copyright regime is not sufficiently supportive of diversity in cultural property.
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Afanasov, N. B. « Redefining Freedom. Digital Capitalism and Private Property ». Omsk Scientific Bulletin. Series Society. History. Modernity 7, no 1 (2022) : 74–83. http://dx.doi.org/10.25206/2542-0488-2022-7-1-74-83.
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The article enquires into the transformations of private property in digital capitalism. The author proposes his interpretation of most obvious and simultaneously less arguable transformations that take place in digital economy. Economy of cooperative use (sharing), precarious employment (gig economy), networkisation, as well as rapid growth of inequality determine digital capitalism in opposition to previous stages of capitalist production and consumption. Applying to historical works that concern private property the author shows that in the basis of capitalism lies undisputable, basically aprioristic right of private property ownership. It is supported by the state. A desire to own was and remains an inner motivation of entrepreneurship. It also characterized the actions of capitalist society’s agents. In cultural sense property was a central phenomenon that gave a definition to modernity. The author demonstrates that in this sense property was always more than just a simple presupposition of goods accumulation. Property, relation to it and its cultural status were changing in the process of capitalist development: from early industrial stage to Fordism and then Post-Fordism. The author puts forward a hypothesis that digital capitalism also redefines property. Property dematerialization and the loss of its value become the distinguishing attributes of this process. Eventually the practices of sharing economy, easiness of being connected to networks and the change of ownership on the means of production (networks) lead to the decline of property. In social-philosophical sense it could mean a further decentralization of person’s inner world and loss of inner and external freedom.
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Хаванова, Наталья, Natalya Khavanova, Елена Бокарева et Elena Bokareva. « EXPANDING THE PRODUCT RANGE OF PROPERTY INSURANCE (BY THE EXAMPLE OF INSURANCE OF LUXURY GOODS AND ANTIQUES) ». Services in Russia and abroad 11, no 3 (5 juillet 2017) : 99–110. http://dx.doi.org/10.22412/1995-042x-11-3-9.
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The object of property insurance is interest related to possession and disposal of property. Insurance of cultural property is perhaps one of the most personal types of services that are provided by insurers, because every work of art or an old thing is unique. Collecting antiques and works of art has long become for some people not just a hobby, but also an investment of money. Therefore at present this type of insurance is increasing popular in the territory of Russia. The creation and implementation of a new "insurance product" is an expensive business, entailing great risks. The insurance product should be understandable to the client; therefore the work of the insurance company should be aimed at adapting the introduced type of insurance to certain groups of consumers. The development of requirements for a new insurance product is a process of determining its properties meeting the insurer's needs to the greatest extent and corresponding to the customer's preferences.
To date, insurers can offer to client an insurance policy not only for standard property, but also for rare and unusual, which also includes items such as antiques, luxury goods, musical instruments and jewelry. The article is focused on considering and conducting analysis of new methods for expanding the product range of property insurance (for example, insurance of luxury goods and antiques), and storage conditions. The authors also emphasize the assessment stages of categories.
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Andaluz, César Escudero, et Martin Nadal. « Economy, Knowledge And Surveillance In The Age Of The Cryptocene ». A Peer-Reviewed Journal About 7, no 1 (6 juillet 2018) : 66–71. http://dx.doi.org/10.7146/aprja.v7i1.116063.
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This artistic intervention – in the form of a map and an accompanying text – addresses how knowledge has been placed at the service of production, describing a new expression of power generated by the accumulation of information in the networked world. The map and accompanying text emphasise the historical context of relations between intellectual property, piracy, consumption goods and homogeneity of money is counterbalanced by cultural movements and communities defending the open society, proposing free access to information and speculating with non-monetary futures.
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Laforet, Andrea. « Good intentions and the public good ». Ethnologies 36, no 1-2 (12 octobre 2016) : 235–57. http://dx.doi.org/10.7202/1037608ar.
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For more than one hundred years Canada’s national museum of human history, called, successively, the National Museum of Canada, the National Museum of Man, the Canadian Museum of Civilization, and, most recently, the Canadian Museum of History, has documented and assembled a record of intangible cultural heritage relating to various cultural groups. Originally collected and currently preserved under legislative mandates resting on broad assumptions about the public interest, this material includes a substantial body of narrative, song and information relating to both past and contemporary cultural practice of societies indigenous to Canada. This paper explores the issues for concepts of nationhood, knowledge and the public interest raised by the contractual agreements, legislation on topics ranging from copyright to family law, treaty negotiations between Aboriginal people and the Government of Canada, and consultation concerning different cultural definitions of property and the sacred that affect day-to-day access to and use of Aboriginal intangible heritage in the museum. Finally, the paper explores potential issues for the continuation of this work raised by the museum’s narrowing of focus and mandate as it changes from the Canadian Museum of Civilization to the Canadian Museum of History.
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Abate, D., M. Paolanti, R. Pierdicca, A. Lampropoulos, K. Toumbas, A. Agapiou, S. Vergis et al. « SIGNIFICANCE. STOP ILLICIT HERITAGE TRAFFICKING WITH ARTIFICIAL INTELLIGENCE ». International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLIII-B2-2022 (30 mai 2022) : 729–36. http://dx.doi.org/10.5194/isprs-archives-xliii-b2-2022-729-2022.
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Abstract. The inability to prevent or eliminate illicit trafficking of cultural goods is not limited to failed-state environments or any specific part of the globe. While the antiquities market denies that this illicit trade is a widespread phenomenon, the international community and Law Enforcement Agencies (LEAs) overwhelmingly recognize the problem indicating that organized crime is involved at all stages. Nowadays, web platforms play host to groups dedicated to illegal archaeological excavations and Illicit trade of cultural goods. Looters have the freedom to connect online with potential buyers around the world. At the same time, social media platform monitoring in search of criminal activities conducted by LEAs is poor due to the lack of expertise, efficient tools to scan the massive amounts of data, and funds. The COVID-19 crisis has compounded the problem by driving more and more dealers and buyers online – where they are discovering that by joining certain unmonitored groups, they can enter the illegal market with ease. The EU funded SIGNIFICANCE project (Stop Illicit heritaGe traffickiNg wIth artiFICiAl iNtelligenCE) has been designed to boost LEAs investigation capabilities in monitoring online illegal activities on social media platforms, the web and the dark web for the identification of cultural property crimes, exploiting Artificial Intelligence and Deep Learning algorithms for guaranteeing the successful prosecution of perpetrators unveiling criminal networks.
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Shin, Jaejoon. « Getting Off on the Wrong Foot : Rethinking the Title and Amount of Korea’s Property Claims against Japan ». International Journal of Korean History 27, no 2 (31 août 2022) : 101–30. http://dx.doi.org/10.22372/ijkh.2022.27.2.101.
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Kim-Ohira Agreement, which agreed on the structure and amount of the property claims’ fund is often regarded as a turning point in resolving the issue of property claims between the Republic of Korea and Japan. However, negotiations continued for more than two years after that. It goes without saying that important discussions took place during this period as well. It is the negotiations on the details of property claims and on the importation of capital goods by deferred payment that this paper focuses. These two issues have several things in common. One is that they are related to the 1962 Agreement. The other is that the core of the problems is the nature or title of the fund, namely, whether it is a property claims’ fund or an economic cooperation fund. Ultimately, these two factors expose the incompleteness and irresponsibility of the 1962 Agreement and the agreement concerning the property claims. This is the historical significance of the KoreaJapan Agreement that this paper intends to confront.
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O’Dwyer, Rachel. « Limited edition : Producing artificial scarcity for digital art on the blockchain and its implications for the cultural industries ». Convergence : The International Journal of Research into New Media Technologies 26, no 4 (20 novembre 2018) : 874–94. http://dx.doi.org/10.1177/1354856518795097.
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This article examines the use of the blockchain to create limited editions of digital art with a particular focus on the business models of two companies: Monegraph and Ascribe. For some, the development of blockchain technologies and smart contracts suggests an opportunity for artists to protect their work from misuse and expropriation. For others, it suggests the possibility of stronger forms of digital rights management, going forward, that may negatively impact digital culture. However, this article argues that the aim of limited editions on the blockchain is not usually to institute stronger restrictions over use or a new form of digital rights management but rather to create new kinds of tradable digital assets. In turn, this trend implies a different operation of intellectual property rights with respect to digital culture, one where alienation rather than exclusion is significant, and a different operation of scarcity with respect to digital cultural goods, where their free circulation is not necessarily antithetical to profit.
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Brogan, Paul M. « Reputed Ownership in Scots Law : An Historical and Doctrinal Analysis ». Edinburgh Law Review 25, no 1 (janvier 2021) : 23–47. http://dx.doi.org/10.3366/elr.2021.0672.
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“What remedy is available to creditors seeking to exercise diligence over corporeal moveable property in the possession of their debtors, but the ownership of which lies with another? The presumption of ownership from possession offers some relief to creditors faced with an action for vindication by the true owner of the goods. But the presumption can be overcome. However, reputed ownership seeks to permit creditors to proceed with diligence when the moveables have been fraudulently, carelessly or unnecessarily left in the possession of the relevant debtor. This article will explain that the true owner is personally barred from recovering the goods, as a result of such “fraudulent” or careless conduct. Lengthy academic discussion of the doctrine in Scotland is scarce. To analyse its legal basis, reference is made to South Africa and England, which recognise the reputed ownership context as part of the general law of estoppel. This article will also explain that despite its mostly historical significance, reputed ownership still survives in the current law, within the statutory framework of the Debt Arrangement and Attachment (Scotland) Act 2002.”
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Sunder, Madhavi. « Intellectual Property in Experience ». Michigan Law Review, no 117.2 (2018) : 197. http://dx.doi.org/10.36644/mlr.117.2.intellectual.
Texte intégralRésumé :
In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that give fantasy owners exclusive rights to supply our fantasy worlds with everything from goods to a good time. But are there any limits? Do merchandising rights extend to fan activity, from fantasy-themed birthday parties and summer camps to real world Quidditch leagues? This Article challenges the conventional account, arguing that as the economic value of fantasy merchandising increases in the emergent “experience economy,” intellectual property owners may prove less keen on tolerating uncompensated uses of their creations. In fact, from Amazon’s Kindle Worlds granting licenses for fan fiction, to crackdowns on sales of fan art sold on internet sites like Etsy, to algorithms taking down fan videos from YouTube, the holders of intellectual property in popular fantasies are seeking to create a world requiring licenses to make, do, and play. This Article turns to social and cultural theories of art as experience, learning by doing, tacit knowledge, and performance to demonstrate that fan activity, from discussion sites to live-action role-playing fosters learning, creativity, and sociability. Law must be attentive to the profound effects these laws have on human imagination and knowledge creation. I apply the insights of these theories to limit merchandising rights in imaginative play through fair use, the force in the legal galaxy intended to bring balance to intellectual property law.
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Bianchi, Cristina. « Emergency Planning in Switzerland ». Atlanti 25, no 2 (20 octobre 2015) : 25–33. http://dx.doi.org/10.33700/2670-451x.25.2.25-33(2015).
Texte intégralRésumé :
Switzerland is a relatively safe and neutral country. The main risks of losing information, though, are through water and fire. Risk management includes emergency planning to quickly react against floods - lakes, rivers, cascades, glaciers and dams represent a wealthy use of hydropower in this alpine country - and fire or worse, arson. In practice, not many entities have yet thought of writing an emergency plan for saving their archives, and they find themselves lost when something happens, because they are unable to reactivate their business with vital documents in a couple of days… A special entity within the Swiss Civil Protection, called the Cultural Property Protection (PBC) specializes in training young men to protect cultural goods in their region. They will inspect the place, create an inventory with pictures, and propose an emergency plan. When an accident or natural disaster happens, they will be called on duty and asked to physically protect the goods by taking them out of the damaged building, ensure packing and store them in a safe place. How this works, under which legislation and what practical tools (inventory sheet, emergency evacuation sheet) the PBC uses to achieve this mission are the aspects that this article will develop.