Research Handbook on Contemporary Intangible Cultural Heritage

"Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH).

Research Handbook on Contemporary Intangible Cultural Heritage

This Research Handbook explores contemporary intangible cultural heritage (ICH) from the perspectives of both law and heritage. It questions, probes and interrogates many different aspects of contemporary ICH, including the definitions and legal frameworks designed to safeguard it. In doing so the Research Handbook highlights not only gaps and inconsistencies, but also questions the relevance, of the legal framework as it applies to ICH itself.Each chapter is concerned with a different aspect of contemporary ICH, international treaties and the law, including the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. A diverse range of contemporary examples are explored, ranging from the local and global identity of migrant children, to language and the Berlin techno music scene. Taken collectively, and with its focus on 'contemporary' culture, this Handbook is a departure from the established discourse that tends to include some forms of heritage to the exclusion of others. The authors challenge the authority of existing legal instruments, expose their limitations and propose innovative ways in which contemporary forms of ICH can be safeguarded, whether via the law or other means.This innovative Handbook will be of great interest to academics researching the legal protection of ICH and the relationship between ICH, human rights, communities, identity and international trade. Those with an interest in the protection of a-typical intellectual property will also find this Handbook to be a source of valuable information.

Research Handbook on Contemporary Intangible Cultural Heritage

Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH).

Research Handbook on Contemporary Intangible Cultural Heritage

Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.

The 2003 UNESCO Intangible Heritage Convention

decided by States in what manner a national policy on intangible cultural heritage safeguarding is to deal with ... Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage (Edward Elgar Publishing, 2018).

The 2003 UNESCO Intangible Heritage Convention

This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.

Research Handbook on Copyright Law

... 481,484 infringements 481,487–8, 489 intangible cultural heritage frozen in time 477, 485, 488 intellectual ... inventorying 484–5 remedies 481 remixing of tradition with contemporary creativity 478–9 reproduction of artistic works ...

Research Handbook on Copyright Law

This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.

Handbook of Intellectual Property Research

this has been in relation to the heritage of Indigenous Peoples, with regard to which community struggles allied with ... Contemporary Intangible Cultural Heritage: Between Community and Market, in Research Handbook on Contemporary ...

Handbook of Intellectual Property Research

This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and develop scholarly research questions related to intellectual property law, bringing together contributions from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions.

Intellectual Property Law and Human Rights

... Development, and Culture: Perspectives from Asia (Cambridge University Press, 2017) 508; V. Vadi, 'ICH and Trade' in C. Waelde, C. Cummings, M. Pavis & H. Enright (eds) Research Handbook on Contemporary Intangible Cultural Heritage ...

Intellectual Property Law and Human Rights

Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

International Heritage Law for Communities

For a collection of essays investigating the idea of contemporary cultural heritage, see Waelde, Charlotte, Cummings, Catherine, Pavis, Mathilde, and Enright, Helena (eds), Research Handbook on Contemporary Intangible Cultural Heritage: ...

International Heritage Law for Communities

This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.

Heritage and Festivals in Europe

Colomer, L. (2018), 'ICH and identity: the use of ICH among global multicultural citizens', in C. Waelde, C. Cummings, M. Pavis and H. Enright (eds), Research handbook on contemporary Intangible Cultural Heritage – Law and heritage ...

Heritage and Festivals in Europe

Heritage and Festivals in Europe critically investigates the purpose, reach and effects of heritage festivals. Providing a comprehensive and detailed analysis of comparatively selected aspects of intangible cultural heritage, the volume demonstrates how such heritage is mobilised within events that have specific agency, particularly in the production and consumption of intrinsic and instrumental benefits for tourists, local communities and performers. Bringing together experts from a wide range of disciplines, the volume presents case studies from across Europe that consider many different varieties of heritage festivals. Focusing primarily on the popular and institutional practices of heritage making, the book addresses the gap between discourses of heritage at an official level and cultural practice at the local and regional level. Contributors to the volume also study the different factors influencing the sustainable development of tradition as part of intangible cultural heritage at the micro- and meso-levels, and examine underlying structures that are common across different countries. Heritage and Festivals in Europe takes a multidisciplinary approach and as such, should be of interest to scholars and students in the fields of heritage studies, tourism, performing arts, cultural studies and identity studies. Policymakers and practitioners throughout Europe should also find much to interest them within the pages of this volume.

Intellectual and Cultural Property

... “ICH and Safeguarding: Uncovering the Cultural Heritage Discourse of Copyright” in C Waelde, C Cummings, M Pavis & H Enright (eds), Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage (Cheltenham: Edward ...

Intellectual and Cultural Property

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

The Oxford Handbook of International Cultural Heritage Law

human rights can also protect against cultural heritage that is considered to be in tension or conflict with human rights . ... ( eds ) , Research Handbook on Contemporary Intangible Cultural Heritage : Law and Heritage ( Edward Elgar ...

The Oxford Handbook of International Cultural Heritage Law

This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.

The Palgrave Handbook of Contemporary Heritage Research

Smith,B. C.(2010) 'AWoman's Audience: A Case Study of Applied Feminist Theories'in A.K. Levin (ed.) ... UNESCO (2003a) Convention for Safeguarding the Intangible Cultural Heritage. http://unesdoc.unesco.org/images/0013/001325/132540e.pdf ...

The Palgrave Handbook of Contemporary Heritage Research

This book explores heritage from a wide range of perspectives and disciplines and in doing so provides a distinctive and deeply relevant survey of the field as it is currently researched, understood and practiced around the world.

Speaking in Tongues

By way of examples from various musical cultures and scenes, as well as from the perspectives of various academic disciplines, this book describes the diverse processes of identity formation in post-migrant society and the diverse tensions ...

Speaking in Tongues


Handbook of Research on Technological Developments for Cultural Heritage and eTourism Applications

Handbook of Research on Technological Developments for Cultural Heritage and eTourism Applications addresses the contemporary ICT technology applied to the disclosure of cultural and natural heritage, including tangible and intangible ...

Handbook of Research on Technological Developments for Cultural Heritage and eTourism Applications

Tourism is one of the most rapidly evolving industries of the 21st century. The integration of technological advancements plays a crucial role in the ability for many countries, all over the world, to attract visitors and maintain a distinct edge in a highly competitive market. The Handbook of Research on Technological Developments for Cultural Heritage and eTourism Applications is a pivotal reference source for the latest research findings on the utilization of information and communication technologies in tourism. Featuring extensive coverage on relevant areas such as smart tourism, user interfaces, and social media, this publication is an ideal resource for policy makers, academicians, researchers, advanced-level students, and technology developers seeking current research on new trends in ICT systems and application and tourism.

Research Handbook on International Law and Migration

Promotion of Diversity of Cultural Expressions.155 Yet von Bogdany argues that it may provide a better platform for ... Rights and the Protection of Intangible Cultural Heritage, European Society for International Law, Research Forum on ...

Research Handbook on International Law and Migration

Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat

Handbook of Research on Contemporary Approaches to Orientalism in Media and Beyond

The cultural-economic dimensions of this discourse are effective in maintaining the existence and effectiveness of the ... to bring together the contents of intangible cultural heritage, stakeholders and researchers with the sectors, ...

Handbook of Research on Contemporary Approaches to Orientalism in Media and Beyond

Orientalism is about much more than just information gathered about the East within its general postcolonial period. In this period, orientalism is a Western discourse that dominated and shaped the view of the East. There is “otherization” in the way the West has historically looked at the East and within the information presented about it. These original stories of travelers in the past and previous telling about the East are facing a reconstruction through modern types of media. Cinema, television, news, newspaper, magazine, internet, social media, photography, literature, and more are transforming the way the East is presented and viewed. Under the headings of post-orientalism, neo-orientalism, or self-orientalism, these new orientalist forms of work in combination with both new and traditional media are redefining orientalism in the media and beyond. The Handbook of Research on Contemporary Approaches to Orientalism in Media and Beyond shows how both new media and traditional media deal with orientalism today through the presentation of gender, race, religion, and culture that make up orientalist theory. The chapters focus on how orientalism is presented in the media, cinema, TV, photography, and more. This book is ideal for communications theorists, media analysts, practitioners, researchers, academicians, and students working in fields that include mass media, communications, film studies, ethnic studies, history, sociology, and cultural studies.

The Handbook of Contemporary Cambodia

Applied ethnomusicology and intangible cultural heritage: Understanding “ecosystems” of music as a tool for sustainability, in S. Pettan and J.T. Titon (eds.), The Oxford Handbook of Applied Ethnomusicology. New York: Oxford University ...

The Handbook of Contemporary Cambodia

Offering a comprehensive overview of the current situation in the country, The Handbook of Contemporary Cambodia provides a broad coverage of social, cultural, political and economic development within both rural and urban contexts during the last decade. A detailed introduction places Cambodia within its global and regional frame, and the handbook is then divided into five thematic sections: Political and Economic Tensions Rural Developments Urban Conflicts Social Processes Cultural Currents The first section looks at the major political implications and tensions that have occurred in Cambodia, as well as the changing parameters of its economic profile. The handbook then highlights the major developments that are unfolding within the rural sphere, before moving on to consider how cities in Cambodia, and particularly Phnom Penh, have become primary sites of change. The fourth section covers the major processes that have shaped social understandings of the country, and how Cambodians have come to understand themselves in relation to each other and the outside world. Section five analyses the cultural dimensions of Cambodia’s current experience, and how identity comes into contact with and responds to other cultural themes. Bringing together a team of leading scholars on Cambodia, the handbook presents an understanding of how sociocultural and political economic processes in the country have evolved. It is a cutting edge and interdisciplinary resource for scholars and students of Southeast Asian Studies, as well as policymakers, sociologists and political scientists with an interest in contemporary Cambodia.

Research Handbook on Human Rights and Intellectual Property

After reviewing the possibilities, Section 3 concludes by emphasising the contemporary limitations of cultural rights arguments when accommodating heritage protection agendas. Since directly drawing on existing cultural rights in ...

Research Handbook on Human Rights and Intellectual Property

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

Handbook of Research on Cultural Heritage and Its Impact on Territory Innovation and Development

Intangible cultural heritage besides being contemporary and traditional is also a living heritage. According to UNESCO, this heritage in which diverse cultural groups take part does not only represents inherited traditions from the past ...

Handbook of Research on Cultural Heritage and Its Impact on Territory Innovation and Development

Cultural heritage is perceived as the glue that keeps individuals together and makes them feel a part of something larger. It is the past that allows individuals to understand their present and move towards the future. In networked society, it is impossible to think about cultural heritage and its preservation and maintenance without including the digital processes and ICT systems, as well as its impact on territorial innovation. The Handbook of Research on Cultural Heritage and Its Impact on Territory Innovation and Development is a critical and comprehensive reference book that analyzes how preservation and sustainability of cultural heritage occurs in countries, as well as how it contributes to territorial innovation. Moreover, the book examines how technological tools contribute to its preservation and sustainability, as well as its dissemination. Highlighting topics that include public policies, spatial development, and architectural heritage, this book is ideal for cultural heritage professionals, government officials, policymakers, academicians, researchers, and students.

The Oxford Handbook of Public Heritage Theory and Practice

Bulletin of Latin American Research 30(1):7–20. ... “Discourses of Development: Narratives of Cultural Heritage as an Economic Resource,” in Heritage and Tourism: Place, ... The Palgrave Handbook of Contemporary Heritage Research.

The Oxford Handbook of Public Heritage Theory and Practice

The field of cultural heritage is no longer solely dependent on the expertise of art and architectural historians, archaeologists, conservators, curators, and site and museum administrators. It has dramatically expanded across disciplinary boundaries and social contexts, with even the basic definition of what constitutes cultural heritage being widened far beyond the traditional categories of architecture, artifacts, archives, and art. Heritage now includes vernacular architecture, intangible cultural practices, knowledge, and language, performances and rituals, as well as cultural landscapes. Heritage has also become increasingly entangled with the broader social, political, and economic contexts in which heritage is created, managed, transmitted, protected, or even destroyed. Heritage protection now encompasses a growing set of methodological approaches whose objectives are not necessarily focused upon the maintenance of material fabric, which has traditionally been cultural heritage's primary concern. The Oxford Handbook of Public Heritage Theory and Practice charts some of the major sites of convergence between the humanities and the social sciences, where new disciplinary perspectives are being brought to bear on heritage. These convergences have the potential to provide the interdisciplinary expertise needed not only to critique but also to achieve the intertwined intellectual, political, and socioeconomic goals of cultural heritage in the twenty-first century. This volume highlights the potential contributions of development studies, political science, anthropology, management studies, human geography, ecology, psychology, sociology, cognitive studies, and education to heritage studies.

Handbook of Research on Examining Cultural Policies Through Digital Communication

When it comes to Turkey, we can see that Turkey has fourteen items on the Representative List of the Intangible Cultural Heritage. Out of fourteen items inscribed in the list, four of them are intangible cultural elements based on food.

Handbook of Research on Examining Cultural Policies Through Digital Communication

Culture is one of the most important elements for explaining individuals' behaviors within the social structure. It meets the various social needs of members of a society by directing how individuals must react to various events and how to act in specific circumstances. A planned and systematic process is required for disseminating this cultural accumulation as a policy, which is produced collectively by all members within their everyday life practices. The Handbook of Research on Examining Cultural Policies Through Digital Communication provides emerging research on this aspect of cultural policy, which is formed within the framework of this systematic process in a strategic manner and can be defined as various activities of the state intended for art, human sciences, and cultural inheritance. Creating such cultural policies involves the establishment of measures and organizations required for the development of each individual, providing economic and social facilities, all of which are actions intended for directing society. Featuring coverage on a broad range of topics such as long-distance education, digital citizenship, and public diplomacy, this book is ideally designed for academicians, researchers, advanced-level students, sociologists, international and national organizations, and government officials.