case study : digitisation & online publication of indonesian cultural heritage in the...

Case study:

Digitisation & online publication ofIndonesian Cultural Heritage in the Netherlands

1

Index

1. Indonesian Materials as Intangible Cultural Heritage

2. Digitisation & Online publication Case Study: Museum for the Tropics1. Copyright

- Objects, subjects, rights and exceptions

2. Neighbouring Rights

- Objects, subjects, rights and exceptions

3. Protection of TCE & digitisation/publication of

Indonesian folklore

• Unpublished and orphan works and permission renewal

• Protection of folklore in Indonesia

3. Conclusion

2

1. Indonesian Materials asIntangible Cultural Heritage

UNESCO 2003 Convention in the Safeguarding of the Intangible Cultural Heritage

• Intangible Cultural Heritage: the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage

Public tasks:• Identification, documentation, safeguarding and presentation of intangible cultural heritage

• Tropenmuseum (Museum for the Tropics) – Amsterdam• National Museum of Ethnology – Leiden• Nusantara – Delft• Netherlands Indies Movies Archive

3

Museum for the Tropics (Tropenmuseum)

The Tropenmuseum presents, studies and promotes knowledge of and interaction with other cultures. The museum offers perception and experience to a wide and diverse audience using the full spectrum of museological means, which includes exhibitions, collections and expertise, publications, the historic building and educational and other activities. The Royal Tropical Institute’s museum is internationally involved in the areas of culture and development.

Collection: ethnographical information- Intangible Cultural Heritage;

- Photo’s- Paintings- Audiovisual recordings- Objects/artefacts- Traditional Cultural Expressions

4

Museum for the Tropics (Tropenmuseum)

www.tropenmuseum.nl

5

http://www.tropenmuseum.nl/-/MUS/67919/Tropenmuseum/Exhibitions-Events/kurkdjian-co-photostudio

http://www.tropenmuseum.nl/-/MUS/70314/Tropenmuseum/About-Tropenmuseum/Support-us!

Western approach: individual property

Individual property is protected

• Collection-items of Museum for the Tropics can traditionally be protected by Intellectual Property (copyright, neighbouring rights, databases right) which right holders are individuals, private or governmental institutions.

• Berne Convention• TRIPS-agreement (WTO)• WIPO Copyright Treaty, Phonogrammes treaty

6

Copyright - Digitisation & Online Publication

Copyright – Objects• Literary, scientific or artistic works• Unique, original character• Personal Imprint of the creator

Non exhaustive list: books, pamphlets, newspapers, periodicals and all other writings; dramatic and dramatico-musical works; recitations; choreographic works and entertainments in dumb show; musical works, with or without words; drawings, paintings, works of architecture and sculpture, lithographs, engravings and the like; geographical maps; drafts, sketches and three-dimensional works relating to architecture, geography, topography or other sciences; photographic works; cinematographic works; works of applied art and industrial designs and models; computer programs and the preparatory material;

7


Copyright – Subjects: Right holders• Creator, successors, beneficiaries• Government• Employer

General: the creator of a work [author, photographer, sculptor, architect, programmer etc] automatically becomes copyright holder to a work

8


Copyright – Duration• 70 years p.m.a.• Orphan works: 70 years after first publication• Unpublished works: 70 years p.m.a.

Public domain-Out of copyright works-Non-IP protected material

Private domain- In copyright works

9


Copyright – Exclusive rights• Exploitation Rights

• Reproducing the work• Digitising analogue original works by • Making (preservation) copies of a digital work• Downloading a work from internet

• Making the work available to the public• Uploading a digital reproduction to a website• Adding works to a publicly accessible database• Posting audiovisual (digitised) works to youtube• Lend/rent digital copies (e-books) of work

• Moral Rights• Droit de divulgation [publication right]• Droit de paternité [right to be mentioned as author]• Droit au repentir [right to withdrawal]• Droit au respect [right to prevent modification]

10


Copyright – exceptions• Education exception

• reproduction & making available of single works• allowed for non-commercial educational purposes• equitable remuneration

Applicable to non-commercial, publicly accessible libraries, archives and museums:

• Preservation exception• Reproduction of single collection-items• For purposes of restoration, retention and rendering accessible

• Access to closed-circuit networks exception• Making digitised collection-items available to the visitors• Stored on the closed-circuit network of the CHI• By means of in-house computer terminals

11

Neighbouring rights - Digitisation & Online Publication

Neighbouring rights – Objects & [Subjects]• Performance [the performer]

• Recording [the performer /| producer of film]• The first fixation of sounds /| images

• Phonogram• Recording of sounds (of a performance)

• Broadcast• Distribution of programmes

Neighbouring rights – Duration• 50 years

• From first performance, manufacturing of, sound recording, fixation or broadcast

12


Neighbouring rights – exclusive rights Exploitation rights

• Performer• Recording of a performance• Reproduction/rental/sales/other ‘bringing into circulation’ • Broadcasting/rebroadcasting or other communication to the public

• Phonogram producer• Reproduction of a recording manufactured by him• Rental/sales/other ‘bringing into circulation• Broadcasting/rebroadcasting or other communication to the public

Moral Rights of performer• Right to be mentioned as performer under his name• Right to prevent alteration• Right to prevent modification/distortion/mutilation

13


Neighbouring rights – exceptions (parallel to copyright)• Education exception

• Recording, reproduction, broadcast• allowed for non-commercial educational purposes

Applicable to non-commercial, publicly accessible libraries, archives and museums:

• Preservation exception• Reproduction of first recording /| AV-fixation• For purposes of retention and rendering accessible

• Access to closed-circuit networks exception• Making available recordings/fixations forming part of the collection of the CHI• Stored on the closed-circuit network of the CHI• By means of in-house computer terminals

14


Copyright – Neighbouring rights: Application

Composition:new interpretation

of a traditional song

Sound recording

of performance

CD-salemuseum

shop

Analogue Archiving

Digital Archiving

Making availablein house

Neighouring rights:-Performers-Phonogram manufacturer

Copyright:- composer

Makingavailable

online

CHI

15

Other legal, moral and practical issues

Orphan works and unpublished works

• Orphan works, of which creator cannot be found after a diligent search, may not be digitised and published during copyright period

• Unpublished ethnographical works, that have been recorded (with permission) for archival purposes, may not be disclosed online: new permission is necessary during copyright period

Traditional Cultural Expressions are often orphan works and unpublished works in view of the Dutch Copyright Act.

16


Reproduction and making available of Intangible Cultural Heritage: Traditional Cultural Expressions

• Western concept of ICH as subject to ‘private’ ownership might not be ‘compatible’ with non-western (non-individualistic) cultures

• Indonesian indigenous traditions may be based on community- culture• Therefore, Intangible Cultural Heritage, f.e. Traditional Cultural Expressions are cultural/economic assets to local local communities• International Protection of TCE since

• UN: Declaration on the Rights of Indigenous Peoples• (WIPO: Revised Draft Provisions for the protection of Traditional Cultural Expressions/Expressions of Folklore)• Art. 10 Copyright Act Indonesia

17


Reproduction and making available of ICH : TCEUN: Declaration on the Rights of Indigenous Peoples

Article 31•1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

18


Reproduction and making available of ICH : TCEIndonesian Copyright Act

Article 101.The State shall hold the Copyright for works from prehistoric remains, historical and other national cultural objects.2.The State shall hold the Copyright for folklores and works of popular culture that are commonly owned, such as stories, legends, folk tales, epics, songs, handicrafts, choreography, dances, calligraphies and other artistic works.3.To publish or reproduce the works as referred to in paragraph (2), any person who is not the citizen of Indonesia shall, firstly, seek permission from the institution related to the matter.4.Further provisions regarding Copyright that are held by the State, as referred to in this Article, shall be regulated by Government Regulation.

Article 31 1. The Copyright on works which are held or exercised by the State, pursuant to:

a. Article 10 paragraph (2), shall be valid without any time limit;

19



Article 15e. limited reproduction of a work other than computer program

limitedly by using any means whatsoever or by employing a similar process by a public library, scientific or educational institution and documentation centre of non-commercial nature, solely for the purpose of conducting their activities;

20



Public domain-Out of copyright works-Non-IP protected material

Private domain

-Original works, - Protection for 50 years p.m.a.

Communal domain

perpetual prot.TCE, stories, legends, fol tales, epics, songs,

handicrafts, choreography, dances

calligraphies and other artistic wors

Implications for digitisation/making available process Museum for the Tropics?

21

Conclusions

1. CHI’s play an important role in the protection of cultural diversity by safeguarding Intangible Cultural Heritage: for example Museum for the Tropics

2. Digitisation & online publication of collection items facilitates the public tasks of CHI’s

3. Protection of individual intellectual property rights might cause an obstacle for digitisation and online publication of cultural/ethnological information

4. Despite exceptions to copyright and neighbouring rights, a gap exists in digitally accessible cultural information due to copyright protection of orphan works and unpublished works

5. Indonesian Copyright Law institutes the perpetual protection against unauthorised reproduction and making available to the public of certain Traditional Cultural Expressions

Question:Should the protection of TCE’s (as stated in Indonesian Copyright Law) impose a barrier for digitisation and online publication of non-commercial ethnographical institutions in view of their public tasks on the safeguarding and providing access to information representing and therefore protecting cultural diversity?

22

case study : digitisation & online publication of indonesian cultural heritage in the...

Documents

copyright objects

orphan works

threedimensional works

cultural spaces

cultural heritage public

tropics tropenmuseum

artistic works unique

neighbouring rights