Research Handbook on Intellectual Property and Cultural Heritage

This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’. Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management. Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.

Table of Contents:
Contents: Introduction to the Research Handbook on Intellectual Property and Cultural Heritage: Overview of the issues 1 Irini Stamatoudi PART I IP PROTECTION FOR CULTURAL HERITAGE SECTION I.A GENERAL 1 The notions of intellectual property and cultural heritage: Overlaps and clashes 8 Irini Stamatoudi 2 The protection of cultural heritage by copyright and related rights 37 Paul Torremans 3 The protection of cultural heritage by trademarks 55 Mira Burri 4 Cultural heritage and patent law: Alternatives for the protection of traditional knowledge and genetic resources 72 Pedro Henrique D. Batista 5 The protection of cultural heritage by designs 93 Bernd Justin Jütte and Alina Trapova 6 The protection of intangible cultural assets by trade secrets and unfair competition law 112 Neethu Rajam and Jens Schovsbo PART II IP PROTECTION FOR CULTURAL HERITAGE SECTION I.B SPECIAL ISSUES 7 Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting 132 Reto M. Hilty, Pedro Henrique D. Batista and Suelen Carls 8 Re-evaluating the art practice of ‘appropriation’ from a copyright law perspective 154 Marina Markellou 9 Preservation and heritagisation of street art and graffiti 170 Enrico Bonadio 10 Copyright issues on the use of images on the Internet 191 Marie-Christine Janssens, Arina Gorbatyuk and Sonsoles Pajares Rivas 11 Linking, framing, and browsing digital or digitised works of art 214 Irini Stamatoudi and Zoi Mavroskoti 12 The protection of traditional cultural expressions by geographical indications 236 Michael Blakeney 13 Copyright ownership challenge arising from AI-generated works of art: A time to stand and stare 250 Theodoros Chiou PART III POLITICS AND POLICIES ASSOCIATED WITH PROTECTING CULTURAL HERITAGE BY IPRS 14 States’ discretion to classify IP subject matter as national cultural treasures 274 Maria-Daphne Papadopoulou and Maria G. Sinanidou 15 Intellectual property, cultural heritage, and human rights 294 Peter K. Yu 16 ‘Best practices’ to protect indigenous knowledge? 311 Jessica C. Lai 17 Intangible cultural heritage, intellectual property and the public domain 326 Charlotte Waelde 18 Bridging intellectual property and cultural heritage law in the practice of international governmental organisations 339 Andrzej Jakubowski and Hanna Schreiber PART IV SPECIAL ISSUES FOR CULTURAL INSTITUTIONS 19 The artist’s resale right 358 Simon Stokes 20 Digitization of cultural heritage under EU copyright: Digitizing the past to enable access and innovation for the future 374 Stavroula Karapapa 21 Intellectual property and cultural heritage issues for museums of archaeological materials 391 Pınar Oruç and Uma Suthersanen 22 Management issues for cultural heritage institutions 412 Konstantinos Roussos and Irini Stamatoudi 23 IP management for cultural heritage institutions 438 Rina Elster Pantalony 24 Cultural heritage, galleries and auction houses 454 Leila A. Amineddoleh 25 IP issues relating to cultural heritage platforms and new business models 479 Julia Wildgans 26 Born digital: Law, policy, and the preservation of videogames as digital cultural heritage 501 Benjamin Farrand 27 Private international law and cultural property and art disputes 516 Marc Weber 28 ADR, cultural heritage and intellectual property: A continuum of dispute resolution processes 542 Debbie De Girolamo 29 Intellectual property implications of 3D printing of cultural heritage 563 Charles Cronin Conclusion to the Research Handbook on Intellectual Property of Cultural Heritage: Important highlights 577 Irini Stamatoudi Index