Converting cultural property into monopolistic intellectual property- a critical discussion relating to the decay of cultural identity of indigenous people
By: Gladson, M. Sunil
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Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 65(4), Oct-Dec, 2023: p.448-480.
In:
Journal of the Indian Law InstituteSummary: An important contemporary issue confronting indigenous people is the appropriation of their intangible cultural property. While, modern indigenous artists have been able to resort to traditional property rights concerning movable cultural properties, many native people have found their claims to ownership of their intangible cultural property such as motifs, songs, prayers, sermons, music legends and folklore frustrated by the limits of intellectual property and other legal regimes. Treating intangible cultural property under the intellectual property regime would raise practical problems as well. Copyright has a great potential for the private right over the cultural expression, in case of derivative works, the original owner of the cultural expression leaves with nothing. Indeed, cultural property is found to constitute property for grouphood not for mere individual authors. Appropriating or misappropriating cultural property through intellectual property rights considerably restricts the concept and practice of grouphood. As the intangible cultural properties are the properties of the group or the community faced a paradigm shift towards individualistic ownership. The derivative works done by outsiders or other nationals from the original traditional cultural expression belonged to the indigenous community always faces distortion of their respective works. These kinds of activities by the non-indigenous people in many ways pose a serious threat to the cultural identity of the community as well. Protecting cultural identity through intellectual property laws is not adequate and rather causing the decay of cultural significance over the intangible cultural property. This will affect sustainable use of intangible cultural properties and the researcher feels that the gap should be filled only with positive legal frameworks.- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48190/1/34_Converting%20Cultural%20Property%20into%20Monopolistic%20Intellectual%20Property-%20A%20Critical%20Discussion%20Relating%20to%20the%20decay%20of%20Cultural%20Identity%20of%20Indigenous%20People.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 65(4), Oct-Dec, 2023: p.448-480 | Available | AR134004 |
An important contemporary issue confronting indigenous people is the appropriation of their intangible cultural property. While, modern indigenous artists have been able to resort to traditional property rights concerning movable cultural properties, many native people have found their claims to ownership of their intangible cultural property such as motifs, songs, prayers, sermons, music legends and folklore frustrated by the limits of intellectual property and other legal regimes. Treating intangible cultural property under the intellectual property regime would raise practical problems as well. Copyright has a great potential for the private right over the cultural expression, in case of derivative works, the original owner of the cultural expression leaves with nothing. Indeed, cultural property is found to constitute property for grouphood not for mere individual authors. Appropriating or misappropriating cultural property through intellectual property rights considerably restricts the concept and practice of grouphood. As the intangible cultural properties are the properties of the group or the community faced a paradigm shift towards individualistic ownership. The derivative works done by outsiders or other nationals from the original traditional cultural expression belonged to the indigenous community always faces distortion of their respective works. These kinds of activities by the non-indigenous people in many ways pose a serious threat to the cultural identity of the community as well. Protecting cultural identity through intellectual property laws is not adequate and rather causing the decay of cultural significance over the intangible cultural property. This will affect sustainable use of intangible cultural properties and the researcher feels that the gap should be filled only with positive legal frameworks.- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48190/1/34_Converting%20Cultural%20Property%20into%20Monopolistic%20Intellectual%20Property-%20A%20Critical%20Discussion%20Relating%20to%20the%20decay%20of%20Cultural%20Identity%20of%20Indigenous%20People.pdf
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