Week 5: Week 5: Today Today

11stst part of class: Question period, Quiz #1. part of class: Question period, Quiz #1. 22ndnd Part of Class: Lecture Part of Class: Lecture

Assigned readings:Assigned readings:Weeks 5-6

Lecture: Lecture: Who decides? Cultural Politics and Who decides? Cultural Politics and Moral Rights as Conservation Issues.Moral Rights as Conservation Issues.

Part 1: Authenticity, Intention and Ownership of Creative Part 1: Authenticity, Intention and Ownership of Creative

Work as Factors in Conservation DecisionsWork as Factors in Conservation Decisions

Example : Leonardo Davinci`s Example : Leonardo Davinci`s Mona Lisa Mona Lisa (15th c.)(15th c.)

Click to view website with 3D images (Conservation science) Click to view website with 3D images (Conservation science) http://iit-iti.nrc-cnrc.gc.ca/projects-projets/monalisa-lajoconde_e.htmlhttp://iit-iti.nrc-cnrc.gc.ca/projects-projets/monalisa-lajoconde_e.html

Left: Leonardo DaVinci`s Mona Lisa. Middle: Marcel Duchamps, L.H.O.O.Q. Cover Image from Sardar & Van Loon`s Cultural Studies for Beginners.

Assigned readings: Weeks 5-6Assigned readings: Weeks 5-6

http://www.lamurals.org/http://www.lamurals.org/

Lecture Outline: Who Owns the Lecture Outline: Who Owns the Past? Who Can or Should Past? Who Can or Should Control the Care of Cultural Control the Care of Cultural Heritage?Heritage?

A.The notion of “Moral Rights”--A.The notion of “Moral Rights”-- B. Authorities vs. participants in decision-makingB. Authorities vs. participants in decision-making

1.1. Authors-Artists-CreatorsAuthors-Artists-Creators

2.2. Scholars & Experts: Scholars & Experts: 'commonwealth of knowledge' 'commonwealth of knowledge'

3.3. Museums, Public Cultural Heritage InstitutionsMuseums, Public Cultural Heritage Institutions

4. Private Collectors, & Owners4. Private Collectors, & Owners

5. Community Stakeholders5. Community Stakeholders

6. Publics6. Publics

7. Political & Economic Powers7. Political & Economic Powers

A. Moral Rights & the Law: A. Moral Rights & the Law: Core ideasCore ideas

– Origins in “droit moral” Origins in “droit moral” (European law)(European law)

– Not about “decency”Not about “decency”– protects “honour” & protects “honour” &

reputation of creator reputation of creator regulates treatment of their regulates treatment of their

creations (works)creations (works)– attribution (ID of creator attribution (ID of creator

even after sale)even after sale)

– integrity (prohibits integrity (prohibits distortion, unauthorized distortion, unauthorized modification etc..)modification etc..)

Example: Controversy over Christmas decorations of Michael Snow, Flight Path, 1981, Toronto Eaton Centre. For More seehttp://www.caslon.com.au/mrcasesnote4.htm#canada

Moral Rights vs. economic Moral Rights vs. economic rights rights

creators can exchange creators can exchange economic rights to control economic rights to control reproduction, performance reproduction, performance & distribution of their work& distribution of their work

moral rights are inalienablemoral rights are inalienable Recall ‘aura’ of creator & Recall ‘aura’ of creator &

notion of ‘original’notion of ‘original’ ““the recognition of moral rights is the recognition of moral rights is

premised on values completely premised on values completely apart from the marketplace, a apart from the marketplace, a notion which makes them all the notion which makes them all the more precious in the current more precious in the current

age.”age.”

Tilted Arc, Richard Serra, 1981, sculpture, steel, New York City (destroyed). Photo © 1985 David Aschkenas http://www.pbs.org/wgbh/cultureshock/flashpoints/visualarts/tiltedarc_a.html

Moral rights in international Moral rights in international lawlaw

Until late 19Until late 19thth century century protection usually within protection usually within Nation-State of creator or Nation-State of creator or inventorinventor

1880s-- Paris Convention 1880s-- Paris Convention (trademarks, patents etc.), (trademarks, patents etc.), Berne convention (intellectual Berne convention (intellectual & artistic works) & many & artistic works) & many others,others,

since 1970s World since 1970s World International Property International Property Organization (UN) in GenevaOrganization (UN) in Geneva

Interpretations still vary by Interpretations still vary by countrycountry

Some basic issuesSome basic issues

What “uses” of cultural works are protected? What “uses” of cultural works are protected? Variations by economic motives of users: not-for-Variations by economic motives of users: not-for-

profit, educational, for-profit etc.profit, educational, for-profit etc. Time limits on protectionTime limits on protection Other factors, ex. notions of unfair competition, Other factors, ex. notions of unfair competition,

invasion of privacy etc….invasion of privacy etc…. Questions about digitization, digital formats & rights Questions about digitization, digital formats & rights

(Dreier—authenticity of rights-management vs. (Dreier—authenticity of rights-management vs. authenticity of the work itself?)authenticity of the work itself?)

Different interpretations in Different interpretations in national contextsnational contexts

FranceFrance: moral rights in perpetuity: moral rights in perpetuity AustraliaAustralia: Moral rights same as copyright (for film, 70 years after : Moral rights same as copyright (for film, 70 years after

film`s first release) but right of integrity & action for defamation film`s first release) but right of integrity & action for defamation ceases with death of author or filmmaker see also Digital ceases with death of author or filmmaker see also Digital Domain copyright in Australia Domain copyright in Australia http://www.caslon.com.au/ipguide3.htm#agendahttp://www.caslon.com.au/ipguide3.htm#agenda

CanadianCanadian Intellectual Property Laws Intellectual Property Laws– http://strategis.ic.gc.ca/sc_mrksv/cipo/http://strategis.ic.gc.ca/sc_mrksv/cipo/– Consultation on digital copyright issuesConsultation on digital copyright issues

http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/rp00842e.htmlhttp://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/rp00842e.html

More information about More information about national variationsnational variations (esp. US, Canada, (esp. US, Canada, EU)EU)

– http://www.caslon.com.au/ipguide5.htmhttp://www.caslon.com.au/ipguide5.htm

Authorities & Participants in Authorities & Participants in Decision-making about Cultural Decision-making about Cultural Heritage ConservationHeritage Conservation

Varieties of Varieties of interpretations of links interpretations of links between control of between control of cultural “things” or cultural “things” or legacieslegacies

Changing ideas about Changing ideas about “ownership” & rights“ownership” & rights -- traditions -- traditions

Aristocracies & hereditary regimes Aristocracies & hereditary regimes – Owner (ruler) & “staff”Owner (ruler) & “staff”

Nation-states & military regimesNation-states & military regimes- cultural events, monuments etc. as symbols of leadershipcultural events, monuments etc. as symbols of leadership- State controlState control

Changes in Access & ProductionChanges in Access & Production– emergence of working & middle class (industrialization, urbanization)– emergence of working & middle class (industrialization, urbanization)–

opportunities for new types of cultural production & ownershipopportunities for new types of cultural production & ownership– newnew

Democratic, Socialist regimes Democratic, Socialist regimes ––expand public(s) –different view of ownership of cultural heritage, access but expand public(s) –different view of ownership of cultural heritage, access but

many groups still not represented (ex. Colonial regimes)many groups still not represented (ex. Colonial regimes) Post-colonial approaches & globalizationPost-colonial approaches & globalization

1. Single vs. Multiple Creators 1. Single vs. Multiple Creators & Their Rights& Their Rights

Ex. Music CD, separate Ex. Music CD, separate copyrightscopyrights– Song-writerSong-writer– ComposerComposer– Performer(s)Performer(s)– Recording Recording – artworkartwork

What about participants & What about participants & `subjects` as creators? `subjects` as creators? Ex. Ex. A Chorus LineA Chorus Line

Example from film & TV: Digital Example from film & TV: Digital Manipulation of BW FilmsManipulation of BW Films Filmmaker John Huston Filmmaker John Huston

va. Turner re: va. Turner re: colourization of the colourization of the Maltese FalconMaltese Falcon– http://http://

www.caslon.com.au/www.caslon.com.au/mrcasesnote2.htm#coloumrcasesnote2.htm#colourisationrisation

"The Maltese Falcon" 1941 Warner Bros.Photo Date: 1941Image courtesy MPTV.net

““anonymous” or unidentified anonymous” or unidentified creators ??creators ?? Examples: Some forms Examples: Some forms

of indigenous cultural of indigenous cultural expressionexpression– Recall unattributed works Recall unattributed works

in Haida exhibition, in Haida exhibition, Bushey discussion of Bushey discussion of seasonal requirements for seasonal requirements for playing recordings of playing recordings of Mohawk songsMohawk songs

– See: readings by Marcus, See: readings by Marcus, Michaels, Baca & Michaels, Baca & WhartonWharton

– More on this next dayMore on this next day

Practical concerns in Practical concerns in respecting artists’ intentionsrespecting artists’ intentions

See for example Hummelen & ScholteSee for example Hummelen & Scholte– Collecting information from artists or creatorsCollecting information from artists or creators

When? (perspectives of same individual could change When? (perspectives of same individual could change over time & in different contexts)over time & in different contexts)

What information? What information? – challenges in anticipating changes in materials, anticipating challenges in anticipating changes in materials, anticipating

obsolescence, new technologiesobsolescence, new technologies

From whom? (artist-author-creator, fabricator, other From whom? (artist-author-creator, fabricator, other participants in creation processes)participants in creation processes)

Making it accessible? (privileged info. vs. public, Making it accessible? (privileged info. vs. public, documentation & dissemination issues)documentation & dissemination issues)

Tensions between 'commonwealth Tensions between 'commonwealth of knowledge‘ principle and of knowledge‘ principle and “ownership”“ownership”

– Cultural property policy issues for works created Cultural property policy issues for works created or disseminated using public funds ex.or disseminated using public funds ex. Scholars (ex. At universities) Scholars (ex. At universities) Museums, Public Cultural Heritage InstitutionsMuseums, Public Cultural Heritage Institutions

Private Sector “owners”Private Sector “owners”

– Private Collectors, businessPrivate Collectors, business

Some Issues: uses, cost of preservation-Some Issues: uses, cost of preservation-conservation “treatments”, etc….conservation “treatments”, etc….

Example: moving James Turrel works (Panza Example: moving James Turrel works (Panza Collection) Collection) http://www.guggenheim-venice.it/english/03_exhibitions/04_Venice-Venezia.htmhttp://www.guggenheim-venice.it/english/03_exhibitions/04_Venice-Venezia.htm

Community Stakeholders & Community Stakeholders & Interest GroupsInterest Groups

– Meaning in community Meaning in community context & strategies for context & strategies for conservation as conservation as community activism community activism (meaning of work for (meaning of work for community as central to community as central to authenticity)authenticity)

ex. The Great Wall of Los ex. The Great Wall of Los Angeles (Judy Baca)—Angeles (Judy Baca)—professional conservators professional conservators vs. community members?vs. community members?

Participatory conservation—Participatory conservation—Stakeholders & PublicsStakeholders & Publics

– Community uses, Community uses, meanings & authenticity meanings & authenticity of cultural worksof cultural works

Ex. Glenn Wharton & Ex. Glenn Wharton & Kamehameha statueKamehameha statue

Kamehameha Statue, downtown Honolulu, Oahu.

On June 11, the statue is adorned with fresh leis.

Preliminary Observations: Moral Preliminary Observations: Moral Rights Issues & Decision-making Rights Issues & Decision-making strategiesstrategies Even in cases of stable (not variable or digital) Even in cases of stable (not variable or digital)

works, recent increased emphasis on works, recent increased emphasis on – creators’ intentions in connection with anticipation of creators’ intentions in connection with anticipation of

changes in workchanges in work– uses & questions about moral rights of other stakeholdersuses & questions about moral rights of other stakeholders

Useful for thinking about issues in digital Useful for thinking about issues in digital preservation but new technologies increase preservation but new technologies increase complexity (potential for loss, modification, complexity (potential for loss, modification, reproduction, dissemination etc…)reproduction, dissemination etc…)

Next day– privacy, secrecy and privileged worksNext day– privacy, secrecy and privileged works

Planning Class PresentationsPlanning Class Presentations

Short Reports (October 24, 31)Short Reports (October 24, 31)

Term Assignment Round Tables (November Term Assignment Round Tables (November 21, 28)21, 28)