INTELLECTUAL PROPERTY LAW AND CULTURAL HERITAGE

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23 Οκτ 2013 (πριν από 3 χρόνια και 9 μήνες)

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INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


1


Professor
Veit

Erlmann


University of Texas at Austin


erlmann@mail.utexas.edu


http://www.veiterlmann.net






This PowerPoint Presentation is protected
by copyright. It may only be used for study
purposes.

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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The privatization of culture


of symbols, places,
names and practices


and even genetic codes
has reached untold levels. The confrontation
between the advanced economies of the West
and the developing world is no longer confined to
natural resources, but increasingly involves
questions of intellectual property. The course is
an introduction to this debate. The focus is on
copyright, bio
-
prospecting, authorship and
intangible heritage.





INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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Assignments consist in weekly readings of one
or two short texts. These are available online at
https://webspace.utexas.edu/ve13251/IP



Attendance is required and a register is to be
signed at the beginning of each class. Each
student is allowed two absences without further
explanation. Three or more absences will result
in denial of course credit. Absences for medical
reasons are exempt from this rule if a doctor’s
certificate is produced.



Grading consists of two components:
participation and a final essay (there will be no
final exam). Participation counts toward 30% of
your final grade, the final essay 70%.



INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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Class schedule



May 12, 2
-
3:30PM

May 18, 12
-
1:30PM

May 19, 2
-
3:30PM

May 25, 12
-
1:30PM

May 26, 2
-
3:30PM

June 1, 12
-
1:30PM

June 2, 2
-
3:30PM

June 8, 12
-
1:30PM

June 9, 2
-
3:30PM

June 16, 2
-
3:30PM

June 23, 2
-
3:30PM

June 30, 2
-
3:30PM

July 7, 2
-
3:30PM

July 14, 2
-
3:30PM

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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Office hours


30 minutes before and after each class.

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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Course syllabus



1. Introduction



Intellectual Property and the Law

2. John Locke and the roots of intellectual
property law



Daniel
Attas
, “
Lockean

Justifications of
Intellectual Property,” Axel Gosseries, Alain
Marciano and Alain Strowel, eds.,
Intellectual
Property and Theories of Justice
. New York:
Palgrave Macmillan, 2008: 29
-
56



3. The
consequentialist

argument and its critics



Debora
Halbert
, “Theorizing the Public Domain,”
Debora
Halbert
, ed.,
Resisting Intellectual
Property
. New York:
Routledge
, 2005: 13
-
42

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


7

Law as Culture

4. Critical legal studies



Rosemary
Coombe
, “Authoring Culture,”
The
Cultural Life of Intellectual Properties
. Durham:
Duke University Press, 1998: 1
-
40.



5. Authorship



Peter
Jaszi
, “Toward a Theory of Copyright: The
Metamorphoses of Authorship,”
Duke Law
Journal

2, 1991: 455
-
502



Michel Foucault, “What is an Author?”
Aesthetics, Method and Epistemology.

New York:
New Press, 1998: 205
-
22

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


8

IP in the Global Economy



6. TRIPS and

development



Peter
Drahos
, “Introduction,” Peter
Drahos

and
Ruth
Mayne
, eds.,
Global Intellectual Property
Rights
. New York: Palgrave Macmillan, 2002: 1
-
12



Willem Pretorius, “TRIPS and Developing
Countries: How Level is the Playing Field?” Peter
Drahos

and Ruth
Mayne
, eds.,
Global
Intellectual Property Rights
. New York: Palgrave
Macmillan, 2002: 183
-
200

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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The New Enclosures



7.
Bioprospecting



Stephen B. Brush, “Bioprospecting the Public
Domain,”
Cultural Anthropology

XIV:4, 1999:
535
-
56



Robert L.
Ostergard
, et
al.,”Stealing

from the
Past: Globalisation, Strategic Formation and the
Use of Indigenous Intellectual Property in the
Biotechnology Industry,"
Third World Quarterly

XXII:4, 2001: 643
-
56



8.
Dis
/Owning Heritage



Michael F. Brown, "
Can Culture Be
Copyrighted?
,"
Current Anthropology

XXXIX:2,
1998: 193
-
221

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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IP and Music



9. The history of IP law and music



Martin
Kretschmer

and
Friedemann

Kawohl
,
“The History and Philosophy of Copyright,”
Simon
Frith

and Lee Marshal, eds.,

Music and
Copyright.
New York:
Routledge
, 2004: 21
-
53



10. IP, music and technology



Paul
Theberge
, “Technology, Creative Practice
and Copyright,” Simon
Frith

and Lee Marshal,
eds.,

Music and Copyright.
New York:
Routledge
,
2004: 21139
-
56





Debora
Halbert
, “I want my mp3s. The Changing
Face of Music in an Electronic Age,” Debora
Halbert
, ed.,
Resisting Intellectual Property
. New
York:
Routledge
, 2005: 66
-
86.

INTELLECTUAL PROPERTY LAW AND
CULTURAL HERITAGE


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11. Counterfeit and Global Cultural Production



Owen Dean, “Case Law. The Return of the Lion,”
WIPO Magazine

2, 2006: 8
-
10.

Rian

Malan, “In the Jungle,” Harold M. Evans,
ed.,
The Best American Magazine Writing 2001
.
New York,
PublicAffairs
, 2001: 50
-
82.



12.
Schismogenesis

and Mimesis



Steven
Feld
, “Pygmy POP. A Genealogy of
Schizophonic

Mimesis,”
Yearbook for Traditional
Music
28, 2006: l
-
35



Steven
Feld
, “A Sweet Lullaby for World Music,”
Public Culture

12/1, 2000: 145
-
71

INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE


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13. Non
-
proprietary rights and cultural rights



Felicia Sandler, “In Search of a Cross
-
Cultural
Legal Framework. Indigenous
Musics

as a
Worldwide Commodity,” Andrew
N.Weintraub

and Bell Yung, ed.,
Music and Cultural Rights
.
Urbana: University of Illinois Press, 2009: 241
-
71



14. Conclusion



INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE


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INTRODUCTION


Intellectual Property:



Industrial property


Copyright

INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE


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INTRODUCTION


Intellectual Property:

Industrial property

takes a range of forms.
These include patents to protect inventions, and
industrial designs, which are aesthetic creations
determining the appearance of industrial
products. Industrial property also covers
trademarks, service marks, layout
-
designs of
integrated circuits, commercial names and
designations, as well as geographical
indications, and protection against unfair
competition.

INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE


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INTRODUCTION


Intellectual Property:

Copyright

relates to artistic creations, such as
books, music, paintings and sculptures, films and
technology
-
based works such as computer
programs and electronic databases. In most
European languages other than English,
copyright is known as author’s rights. The
expression
copyright

refers to the main act which
may be made only by the author or with his
authorization. That act is the making of copies of
the work. The expression
author’s rights

refers to
the creator of the artistic work, its author. The
author has certain specific rights in his creation
which only he can exercise (such as the right to
prevent a distorted reproduction). Other rights
(such as the right to make copies) can be
exercised by other persons, for example, a
publisher who has obtained a license from the
author.

INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE

without the authorization of the owner. Even a
person who later makes the same invention
independently, without copying or even being
aware of the first inventor’s work, must obtain
authorization before he can exploit it.

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INTRODUCTION


Intellectual Property:

While other types of intellectual property also
exist, it is helpful for present purposes to explore
the distinction between industrial property and
copyright in terms of the basic difference
between inventions and literary and artistic
works.

Inventions may be defined in a non
-
legal sense
as new solutions to technical problems. These
new solutions are
ideas
, and are protected as
such; protection of inventions under patent law
does not require that the invention be
represented in a physical embodiment. The
protection accorded to inventors is, therefore,
protection against any use of the invention

INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE

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INTRODUCTION


Intellectual Property:

Unlike protection of inventions, copyright law
protects only the
form of expression

of ideas,
not the ideas themselves. The creativity
protected by copyright law is creativity in the
choice and arrangement of words, musical
notes, colors and shapes. So copyright law
protects the owner of property rights against
those who copy or otherwise take and use the
form in which the original work was expressed by
the author.

INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE

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INTELLECTUAL PROPERTY AND
CULTURAL HERITAGE

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INTRODUCTION


Intellectual Property:

INTELLECTUAL PROPERTY AND
CULTURE


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Intellectual Property and the Law

2. John Locke and the roots of intellectual
property law

INTELLECTUAL PROPERTY AND
CULTURE


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Professor
Veit

Erlmann


University of Texas at Austin

INTELLECTUAL PROPERTY AND
CULTURE


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Professor
Veit

Erlmann


University of Texas at Austin

INTELLECTUAL PROPERTY AND
CULTURE


23


Professor
Veit

Erlmann


University of Texas at Austin

INTELLECTUAL PROPERTY AND
CULTURE


24


Professor
Veit

Erlmann


University of Texas at Austin

INTELLECTUAL PROPERTY AND
CULTURE


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Professor
Veit

Erlmann


University of Texas at Austin



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