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      • KCI등재

        Copyright and Data Authenticity in the Digital Preservation of Heritage: the Case of OAPI States

        Caroline Joelle Nwabueze 국립민속박물관 2017 International Journal of Intangible Heritage Vol.12 No.-

        Digitisation is a sustainable means of heritage1 preservation. It protects valuable heritage resources from deterioration and provides worldwide access to the diverse cultures of the world’s heritage, while ensuring their safety for future generations. Digitised heritage can derive either from digitally created documents or from digital surrogates of similar documents. In OAPI States, ministries in the field of culture, substitute and for, tourism and several cultural institutions have adopted digital heritage as a tool for safeguarding the communities’ cultural patrimony. Data authenticity in heritage digitisation raises some concerns based on the fact that digitisation as a tool to express the content of heritage products affects the entire spectrum of heritage preservation. Issues arise from the multiple applications of digital technologies on the heritage data used. From converting the data used, to processing it with a different shape, character or design, there is a long list of ways in which the authenticity of a digitised heritage work could be affected. Digital technologies could negatively affect the information environment by allowing the processing of inauthentic data. In this context, Mira Burri describes the process of the digital reduction of material to zeroes and ones through which the digital representation radically modifies the characteristics of the content. One click of the mouse can create perfect copies, transform, alter, or create multifaceted adaptations of the heritage data; this constitutes a tremendous threat to the data’s authenticity. If no appropriate legal boundaries are set, this invasive tsunami of new possibilities could deceive the public about the authenticity of heritage data from OAPI communities. This paper gives a pictorial overview of traditional cultural expressions in central and West Africa and scrutinises the sustainability of copyright as a means to enhance the authenticity of heritage data in the course of its preservation in the digital realm. First, this paper analyses the authenticity of heritage data under ‘moral rights’ protection in the digital field. Light is shed on the risks related to the digitisation of heritage when no proper intellectual property measures regarding the origin of the work in the digital realm are in place. Then, the paper considers how adequate digital copyright protection could constitute a way to protect the authenticity of digital heritage and encourage the use of digitalisation in the preservation of cultural heritage in general. The paper concludes by making some suggestions about how to balance the risks of digitising heritage in a global world. An adequate system of copyright law could make use of the new dynamics of the digitally networked environment to promote the authenticity of heritage, and also to promote the mobilisation of cultural heritage through the use of digital technologies. Finally, the establishment of a protocol for the digitisation of heritage - with the goal of preserving authenticity - is envisaged as a means to serve the same purpose.

      • KCI등재

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

        Caroline Joelle Nwabueze 국립민속박물관 2013 International Journal of Intangible Heritage Vol.8 No.-

        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 has made it more vulnerable to the force of globalisation than other aspects of cultural diversity, which could lead to the disappearance of ICH. The pressure applied to world heritage led UNESCO to draft a Convention regarding the safeguarding of ICH in 2003. The preamble of the Convention emphasised the importance of the maintenance and re-creation of intangible cultural heritage, which would thereby help to enrich cultural diversity. This led the International Conference on Museums and Intangible Heritage held in Seoul in August 2012 to commit itself to the safeguarding of intangible cultural heritage in museums. However, such integration of ICH in museum activities raises numerous intellectual property (IP) concerns in relation to the use and ownership of ICH resources. Yet, on the other hand, IP used as a tool to enhance creativity could contribute significantly to museums as cultural institutions involved in the collection, conservation and display of ICH. The present paper seeks to address the sustainability of ICH safeguarding in museums under IP laws. It first reviews the integration of ICH in museums as suggested by the International Conference on Museums and ICH. Second, and as consequence of that point, an examination is made of the related risks of misuse and incompatibility associated with ICH exposure in museums in the field of IP rights. Finally, the paper suggests some effective mechanisms in the field of intellectual property law that could secure permanently the preservation of ICH in museums.

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