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Legal Shape-shifting (E-book)

On the protection of traditional cultural expressions and crossing the boundaries between copyright, cultural heritage and human rights law

J.M. Breemen | Engels | 566 pagina's
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Struggles over resources are not new for indigenous peoples. One of the latest

arenas for recognition of their rights regards their intangibles, such as the

protection of their traditional cultural expressions (TCEs). Most attention for protection

from unauthorised use has occurred in the sphere of intellectual property law,

notably copyright law. However, both protection arguments and context indicate

wider implications of the issue, which include preservation of cultural heritage and

exercise and enjoyment of human rights such as the rights to self-determination

and participation in cultural life.

This book breaks new ground by pursuing a transdisciplinary approach in support of the argument that the protection of TCEs cannot be viewed as an isolated issue of intellectual property. In addition to copyright law, the extensive analysis also includes the legal frameworks of cultural heritage and human rights law in

order to uncover shared central values to guide efforts and approaches to TCE

protection in going forward. Operationalisation of the shared central values can

guide the process of moving towards a more comprehensive perspective of the

protection of TCEs. Hence, the main aim of the book is to demonstrate the strength

of looking across the boundaries of legal domains and mandates and to argue

the necessity of pursuing a diverse legal and policy response.

With its novel approach and thorough analysis, covering three legal frameworks

not usually connected in such an integrated way, the book offers a significant

contribution to the field of protection of traditional knowledge and cultural

expressions. It is highly relevant for interest groups, scholars, students and professionals in the areas of (international) intellectual property law, cultural heritage

and human rights, with a specific focus on cultural rights, the rights of indigenous

peoples and heritage.

About the author

J.M. (Kelly) Breemen is a researcher in information law, cultural heritage

and human rights. She graduated in information law from the University of

Amsterdam’s Institute for Information Law (Research Master, cum laude, 2012).

In 2018, she successfully defended her PhD at the same university and Institute.

She was awarded the Witteveen Memorial Fellowship in Law & Humanities

from Tilburg University in 2018 to further develop her research with a project on

indigenous heritage in digital libraries, intellectual property and human rights.



  • Auteur(s)J.M. Breemen
  • UitgeverijBoom uitgevers Den Haag
  • ImprintEleven international publishing


Legal Shape-shifting (E-book)
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