The Role of Intellectual Property in Safeguarding Intangible Cultural Heritage in Museums

Abstract

The current rate of cultural and technological globalisation has been recognised as an international threat to the cultural diversity of many nations. The insubstantial nature of intangible cultural heritage (ICH) has made it more vulnerable to the forces of globalisation than other aspects of cultural diversity and could lead to the disappearance of some forms of ICH. Museums have on several occasions committed themselves to the safeguarding of ICH as part of their institutional mandate. However, the integration of ICH into museum activities raises numerous intellectual property (IP) concerns in relation to the use and ownership of ICH resources. The present article first reviews the integration of ICH in museums as suggested by the 2012 International Conference on Museums and ICH. Second, it examines the related risks of misuse and incompatibility associated with ICH exposure in museums in the field of IP rights. Finally, the article suggests some effective IP mechanisms that could ensure that museums act ethically when dealing with ICH issues, and do respect ICH holders’ rights.