Law and Heritage
Edited by Charlotte Waelde, Catherine Cummings, Mathilde Pavis and Helena Enright
Chapter 13: ICH and safeguarding: uncovering the cultural heritage discourse of copyright
This chapter envisages the possibility of framing copyright as another regulatory tool alongside the 2003 Convention for the Safeguarding of Intangible Cultural Heritage. It 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. Copyright on the other hand does not and, as such, offers possibilities on this point. However, the analysis of various national copyright laws reveals that copyright may be prone to patterns of what heritage scholars call the 'authorised heritage discourse'. Nevertheless, the chapter concludes that the heritage discourse of copyright is not inherently 'authorised' and argues that its framework could be steered away from AHD through case law.
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