Copyright and Cultural Heritage

Copyright and Cultural Heritage

Preservation and Access to Works in a Digital World

Edited by Estelle Derclaye

Thanks to digitisation and the Internet, preservation of and access to our cultural heritage – which consists of works protected by copyright and works in the public domain – have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library.

Chapter 8: Preserving and Accessing our Cultural Heritage: Argentina’s Experience through the Domaine Public Payant

Delia Lipszyc and Carlos Alberto Villalba

Subjects: law - academic, cultural heritage and art law, intellectual property law

Extract

Delia Lipszyc and Carlos Alberto Villalba*1 INTRODUCTION 1. In Argentina, folklore involves both the expressions of traditional and popular culture and the works based on these expressions. But, the latter – as works – are protected by copyright, while the former, as in many other countries, are considered to be part of the public domain. The concept of ‘author’ is characteristic of a cultural ambience in which each person is a clearly differentiated being who is conscious of their individuality. The great works that depict the history of a people, a nation or a religion, generally arose from oral expression and were transmitted and re-created from one generation to the next. They were sometimes attributed to somebody – like the Iliad and the Odyssey were ascribed to Homer – or dictated by a divine being that used somebody as a means of conveying a message, which would lose value as such if it originated from a person or a specific group of persons because it would not be the word of God. This would allow for a compilation as Ramón Menendez y Pidal did in Flor nueva de romances viejos, or what the Argentinean musicologist Leda Valladares accomplished on the subject of popular music from diverse cultural communities in Argentina in Cantando las raíces. Coplas ancestrales del Noroeste Argentino or the Hemanos Ábalos – a widely known Argentinean musical group – who combined lots of traditional dances such as: the pala-pala, the escondido, the firmeza, the cuando, the condición, the lorenzita, the...

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