Issues between international trade and culture have existed since the end of World War I, when European countries introduced screen quotas to limit the effects of the ever-rising surge of films from the US. When states protect their culture-related industries they usually do so claiming the need...

In the digital networked environment, user's expectations of getting easy access to digital content all the time and through a multitude of devices clash with the territorial structure of copyright and the complications of the licencing process. Under these circumstances, systems of collective...

The question of whether the systems-theory paradigm can be fruitfully applied in the field of jurisprudence is affirmed by the author with respect to the analysis of the reciprocal relationship of art, economy, state and law. The starting point is a socio-historical reconstruction of, and a...

Adopting the view that a more active participation of indigenous peoples in the trade of their knowledge assets would promote their socioeconomic development raises difficult questions of legitimacy and method. Questions of legitimacy are posed by the potentially modernizing effects of...

A core underlying principle of copyright law is that it stimulates creative production and contributes to a vibrant intellectual environment. This has been achieved through acting as an incentive for authors, balanced against the interests of users, often via collecting societies, which are...

In Australia, as with many countries, Aboriginal culture is not comprehensively protected. Rather protection is fragmented between the Western systems of intellectual property, native title and cultural heritage law. This paper addresses the shortcomings of these Western classifications with...

On 20 October 2005, the 33rd UNESCO General Conference adopted by a majority of 148 votes to two the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD). The major objectives of the CCD are the recognition of the dual nature of cultural expressions as...