* Cultural Heritage and Intellectual Property
Expert-defined terms from the Global Certificate in Cultural Heritage Law course at London School of International Business. Free to read, free to share, paired with a globally recognised certification pathway.
**Berne Convention for the Protection of Literary and Artistic Works** #
**Berne Convention for the Protection of Literary and Artistic Works**
: A international agreement governing copyright, first adopted in 1886 #
It establishes minimum standards for copyright law among its members, which include most countries in the world. The Convention requires member countries to recognize the copyright of works originating in other member countries, and provides for automatic copyright protection for works, without the need for formal registration.
**Chapter II BioTrade Agreement** #
**Chapter II BioTrade Agreement**
: An agreement between the governments of Costa Rica, Colombia, and Guatemala, s… #
The agreement establishes principles for the fair and equitable sharing of benefits arising from the use of genetic resources, and includes provisions on intellectual property rights.
**Code of Ethics for the Intangible Cultural Heritage** #
**Code of Ethics for the Intangible Cultural Heritage**
: A set of guidelines adopted by UNESCO in 2003, providing a framework for the e… #
The Code encourages respect for the cultural diversity and integrity of communities, and emphasizes the importance of community participation and consent in all aspects of heritage management.
**Collective Management Organizations (CMOs)** #
**Collective Management Organizations (CMOs)**
: Organizations that manage the rights of multiple rightsholders, typically in t… #
CMOs collect royalties on behalf of their members, and distribute them according to the terms of their contracts.
**Cultural Expressions** #
**Cultural Expressions**
: The manifestations of the intellectual and artistic creativity of a community,… #
Cultural expressions can take many forms, including language, literature, music, dance, visual arts, and crafts.
**Cultural Heritage** #
**Cultural Heritage**
: The legacy of physical artifacts and intangible attributes of a group or socie… #
Cultural heritage includes both tangible and intangible elements, such as buildings, monuments, landscapes, traditional knowledge, and cultural practices.
**Cultural Intellectual Property (CIP)** #
**Cultural Intellectual Property (CIP)**
: The intellectual property rights associated with cultural expressions, such as… #
CIP includes both formal and informal systems of protection, such as copyright, trademarks, patents, and geographical indications.
**Cultural Property** #
**Cultural Property**
: The tangible and intangible heritage that has been officially recognized as ha… #
Cultural property can include buildings, monuments, archaeological sites, artworks, and traditional knowledge.
**Customary Law** #
**Customary Law**
: The traditional rules, practices, and beliefs that govern the behavior of a co… #
Customary law is an important source of intellectual property rights in many indigenous and local communities.
**Database Rights** #
**Database Rights**
: The intellectual property rights that protect collections of data or databases… #
Database rights can include rights of reproduction, distribution, and communication to the public.
**Deaccession** #
**Deaccession**
: The process of removing an object from a museum or cultural institution's coll… #
Deaccessioning can be a controversial issue, as it can raise questions about the ownership, cultural significance, and ethical treatment of cultural heritage.
**Derivative Work** #
**Derivative Work**
: A new work that is based on or derived from an existing work, and that incorpo… #
Derivative works can include translations, adaptations, arrangements, and other forms of transformation.
**Digital Rights Management (DRM)** #
**Digital Rights Management (DRM)**
: Technological measures used to control access to and use of digital content, s… #
DRM can include measures such as encryption, watermarking, and access controls, and is often used to prevent unauthorized copying, distribution, and use of digital content.
**Domain Name** #
**Domain Name**
: The unique name that identifies a website or other internet resource, and that… #
Domain names are typically registered and managed through domain name registrars, and are subject to intellectual property rights and legal regulations.
**Economic Rights** #
**Economic Rights**
: The intellectual property rights that provide the owner with the exclusive rig… #
Economic rights can be licensed or assigned to third parties, and are typically enforced through legal action.
**Endangered Languages** #
**Endangered Languages**
: Languages that are at risk of extinction, due to factors such as globalization… #
Endangered languages are an important part of cultural heritage, and are often associated with traditional knowledge and cultural practices.
**Fair Use** #
**Fair Use**
: A legal doctrine that allows limited use of copyrighted material without permi… #
Fair use is a complex and subjective concept, and is determined on a case-by-case basis.
**Folk Art** #
**Folk Art**
: The traditional arts and crafts produced by communities for their own use and… #
Folk art can include a wide range of media, such as textiles, ceramics, metalwork, and woodwork.
**Folklore** #
**Folklore**
: The traditional expressions, customs, beliefs, and practices of a community, a… #
Folklore is an important source of cultural identity and continuity, and is often associated with traditional knowledge and cultural practices.
**Genetic Resources** #
**Genetic Resources**
: The genetic material of plants, animals, and microorganisms, and the knowledge… #
Genetic resources are an important source of biodiversity and cultural heritage, and are subject to legal regulations and intellectual property rights.
**Geographical Indications (GIs)** #
**Geographical Indications (GIs)**
: The intellectual property rights that protect the names and images of products… #
GIs are designed to protect the reputation and quality of these products, and to prevent false or misleading claims of origin or affiliation.
**Global Certificate in Cultural Heritage Law** #
**Global Certificate in Cultural Heritage Law**
: A professional development program that provides an in-depth understanding of… #
The program covers a wide range of topics, including cultural property, traditional knowledge, digital rights, and customary law, and is designed for professionals working in museums, cultural institutions, governments, and other organizations.
**Green Paper on Copyright** #
**Green Paper on Copyright**
: A policy document published by the European Commission in 2013, proposing a re… #
The Green Paper outlines a number of challenges and opportunities related to copyright in the digital age, and invites comments and contributions from stakeholders and the public.
**Heritage Crime** #
**Heritage Crime**
: The deliberate damage, destruction, or theft of cultural heritage, such as arc… #
Heritage crime can also include the illegal trade in cultural artifacts, and the falsification or alteration of cultural records.
**Human Rights** #
**Human Rights**
: The fundamental rights and freedoms that belong to every person, regardless of… #
Human rights include civil and political rights, such as freedom of speech, religion, and assembly, as well as social, economic, and cultural rights, such as the right to education, health, and housing.
**Hybrid Publishing** #
**Hybrid Publishing**
: A publishing model that combines elements of traditional publishing and self-p… #
Hybrid publishing can offer authors greater flexibility and financial benefits, but also requires them to assume more responsibility and risk.
**Indigenous Knowledge** #
**Indigenous Knowledge**
: The traditional knowledge, practices, and beliefs of indigenous peoples, and t… #
Indigenous knowledge is an important source of biodiversity and cultural heritage, and is often transmitted orally from one generation to the next.
**Intangible Cultural Heritage** #
**Intangible Cultural Heritage**
: The practices, representations, expressions, and knowledge that communities, g… #
Intangible cultural heritage can include traditional music, dance, theater, storytelling, festivals, and rituals, as well as traditional knowledge, skills, and practices related to crafts, agriculture, and natural resource management.
**Intellectual Property (IP)** #
**Intellectual Property (IP)**
: The legal rights that protect creations of the mind, such as inventions, liter… #
Intellectual property includes both formal and informal systems of protection, such as patents, copyrights, trademarks, trade secrets, and traditional knowledge.
**International Council of Museums (ICOM)** #
**International Council of Museums (ICOM)**