ICH and safeguarding: Uncovering the cultural heritage discourse of copyright
Pavis, MGA
Date: 28 September 2018
Publisher
Edward Elgar Publishing
Publisher DOI
Abstract
This paper envisages the possibility of framing copyright as regulatory tool to safeguard intangible cultural heritage, alongside the 2003 Convention. Pavis turns to copyright as an alternative to the 2003 Convention which appears to be ill-suited to protect the most contemporary forms of performances for they may fail the requirement ...
This paper envisages the possibility of framing copyright as regulatory tool to safeguard intangible cultural heritage, alongside the 2003 Convention. Pavis turns to copyright as an alternative to the 2003 Convention which appears to be ill-suited to protect the most contemporary forms of performances for they may fail the requirement of generational transmission imposed by the international treaty (Article 2(1)). Copyright on the other hand does not and, as such, offers a more open field on this point. However, Pavis’s analysis of various national copyright laws (UK, US, Australia and France) reveals that copyright may be prone to patterns of authorized heritage discourse (AHD). This finding corroborates the reluctance or scepticism of heritage specialists, practitioners or scholars, to engage with the discipline of law. Nevertheless, Pavis concludes that the heritage discourse of copyright is not inherently ‘authorized’ and argue that by judges and practitioners can, with the adequate critical support, steer the framework of copyright away from AHD so that copyright can achieve its potential as complement to the 2003 Convention.
Law School
Faculty of Humanities, Arts and Social Sciences
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