@article{42053,
      author = {Lixinski, Lucas},
      url = {http://tind.wipo.int/record/42053},
      title = {Commercializing Traditional Culture : Promises and  Pitfalls in the Convergence of Intellectual Property Law  and Cultural Heritage Law},
      abstract = {This article shows that the logics of intellectual  property, even though pervasive in the legal treatment of  traditional culture and its commercialization, needs to be  tempered with the logic of cultural heritage law, which  foregrounds different values and priorities. I argue that  the regulation of culture depends on reconciling the role  of the market in the both heritage law and intellectual  property law, and putting the community front and centre in  decision-making about the fate of traditional culture. In  order to strike this balance, the market needs to be  demystified and understood as a series of contractual  arrangements, and contracts themselves need to be tapped  into as a mechanism of private law-making that, once power  asymmetries between culture holders and prospective  exploiters are addressed, holds great promise for enabling  the control over culture by the communities that create,  recreate, and live the traditional culture outsiders  cherish and wish to commercialize.},
      recid = {42053},
      pages = {15 pages},
}