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Articles 1 - 4 of 4
Full-Text Articles in Cultural Heritage Law
Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips
Washington International Law Journal
Australian indigenous communities are vulnerable to communal harm inflicted by the unauthorized, derogatory use of their works of folklore. Such works are often considered sacred to indigenous communities and are granted significant protection under customary law. However, under many circumstances, the 1968 Copyright Act, the Australian law governing authored works, fails to protect works of indigenous folklore. While an amendment to the Copyright Act appears a likely next step in Australia’s efforts to recognize a community’s interest in communal works of folklore, Australia’s Heritage Protection Act represents a more appropriate and efficient vehicle for addressing unique communal interests in these …
Safeguarding China's Cultural History: Proposed Amendments To The 2002 Law On The Protection Of Cultural Relics, Amanda K. Maus
Safeguarding China's Cultural History: Proposed Amendments To The 2002 Law On The Protection Of Cultural Relics, Amanda K. Maus
Washington International Law Journal
The 2002 Law on the Protection of Cultural Relics (“2002 Law”) has done little to safeguard cultural property in China. While the statute provides general procedures for relic collection, protection, and cataloging, and sets punishments for individuals and entities that violate the law, it does not furnish funding for the implementation of these measures. Amendments in 2007 failed to address the major problems of the 2002 Law—notably, the lack of incentives to return stolen or looted property and insufficient funding of the law. Due to these problems, the 2002 Law should again be amended to create a fund for the …
Respect My Authority! South Park's Expression Of Legal Ideology And Contribution To Legal Culture, Kimberlianne Podlas
Respect My Authority! South Park's Expression Of Legal Ideology And Contribution To Legal Culture, Kimberlianne Podlas
Vanderbilt Journal of Entertainment & Technology Law
This Article recognizes that television programs outside of the law genre can engage in legal discourse: to wit, South Park. South Park has been called one of the most profane programs on television, as well as one of the most ideological. Indeed, through sophisticated, no-holds-barred satire, South Park contemplates a number of American culture's most complex and contentious legal issues. This Article systematically analyzes the legal ideologies conveyed by South Park, combining an interpretive ethnographic analysis with quantitative content analyses. Ultimately, these examinations reveal that South Park communicates a libertarian ideology of law. In doing so, however, it does not …
Investing In Culture: Underwater Cultural Heritage And International Investment Law, Valentina S. Vadi
Investing In Culture: Underwater Cultural Heritage And International Investment Law, Valentina S. Vadi
Vanderbilt Journal of Transnational Law
Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Recent technologies have allowed the recovery of more and more shipwrecks by private actors who often retrieve materials from shipwrecks to sell them. Not all salvors conduct proper scientific inquiry, conserve artifacts, and publish the results of the research; more often, much of the salvaged material is sold and its cultural capital dispersed. Because states rarely have adequate funds to recover ancient shipwrecks and manage this material, however, …