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Intellectual and Cultural Property - Between Market and Community (Hardcover)
Loot Price: R4,087
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Intellectual and Cultural Property - Between Market and Community (Hardcover)
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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.
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