Intellectual Property, Cultural Heritage and Human Rights
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abstract
This chapter interrogates the complex and challenging relationship between intellectual property and human rights in the cultural heritage context. It begins by mapping the contours of the international human rights framework as it relates to intellectual property and cultural heritage. The chapter then offers three sets of illustrations covering situations in which tensions and conflicts between human rights and intellectual property rights may arise: (1) the production of user-generated content; (2) the reproduction of Indigenous cultural heritage; and (3) the digitization, sharing or dissemination of cultural materials by museums, libraries and archives. This chapter concludes by advancing a three-step balancing process to help resolve these potential tensions and conflicts.
