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The Creative Heritage Project

By pbingham

In today's technological  society, digitization and the internet offer immediate access to all types of    media.  Formerly unavailable music, art, performances, designs, symbols,  and  stories from around the world are being disseminated and enjoyed.  For educators, artists, and students this opens up new opportunities to learn about varied peoples and cultures.  It can also help provide ways to preserve fast-disappearing traditional ceremonies and language, and even help stimulate the economic development of ethnic populations.  But in the legal community, questions of intellectual property rights can be raised.  Where does the celebration of a culture end, and exploitation of its artists begin?

•            Is it okay for an ethnomusicologist to record a shaman singing in the Amazon jungle, and use the tape as a classroom resource?

•           Can an anthropologist video ceremonial dances of the Hopi Indian Tribe and include the DVD in the next edition of her book?

•             How about if a blues musician mixes some tracks of an Australian Aborigine playing a didgeridoo into his upcoming commercial CD?

Who owns the data collected?  Who is authorized to distribute or publish it?  Does it matter if it is for scholarly use rather than commercial?  What constitutes misappropriation of the cultural heritage of indigenous peoples?

In response to researchers and field-workers in native cultures, and tribal communities themselves, the World Intellectual Property Organization (WIPO) is developing the Creative Heritage Project as a way of exploring answers to these questions.  When fully established, the project will include

•             Information and guidance for researchers and collectors on intellectual property issues during digitization projects

•             Technical support to indigenous communities for the recording and digitization of cultural expressions, and the establishment of digital collections and websites

•             The WIPO Creative Heritage Digital Gateway, a portal through which to access websites of indigenous communities and cultural institutions

So whether you're a intellectual property specialist, ethnomusicologist, student of tribal design, collector of folklore, anthropologist, or world citizen sensitive to the commercial exploitation of indigenous peoples, the Creative Heritage Project offers assistance and guidelines to make the best decisions for everyone concerned.

Click here for a pdf brochure on the Creative Heritage Project, and here to browse the database of existing codes, guidelines and practices.

Posted by Patricia Bingham-Harper

Full post as published by FSU College of Law Library Blog on March 25, 2008 (boomark / email).