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Dossier Du corps à l’image. La réinvention des performances culturelles en Océanie

Regulating Cultural Performances in Oceania: the Complicated Relationship between Law, Creativity and Cultural Property

Miranda Forsyth and Kalissa Alexeyeff
p. 117-130

Abstracts

This paper explores a number of tensions around claims of rights over various aspects of cultural performance with a particular focus on the Cook Islands. We discuss the historical context of these tensions and trace the way in which certain anxieties and agendas have led to demands for, and the realisation of, new laws over cultural performances, most particularly the Copyright Act 2013 and the Traditional Knowledge Act 2013. We then discuss how such new regulatory frameworks have a potentially critical role to play in determining who has the rights to perform what, with effects that are likely to spill out from the confines of laws and court cases into popular discourses around claims over many manifestations of culture and creativity.

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Text / excerpt

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Outline

The Politics of Creativity and Tradition in Cook Islands performance
Types of intellectual property issues that arise
Regulatory responses and issues arising
Discussion and Conclusion

Text / first lines

This paper explores the different sets of tensions that exist in Cook Islands regarding claims of rights over various aspects of cultural performance. We investigate historical anxieties over, and possible contradictory agendas regarding, cultural performances. We then trace the way in which these anxieties and agendas have led to demands for, and the realisation of, new laws over cultural performances, most particularly the Copyright Act 2013 and the Traditional Knowledge Act 2013. These new regulatory frameworks have a potentially critical role to play in determining who has the rights to perform what, with effects that are likely to spill out from the confines of laws and court cases into popular discourses around right to and claims over many manifestations of culture and creativity. Whilst the impetus for this legislation has been envisaged at a generalised level as protecting communities from misappropriation of their rights by outsiders, once the specific details start to be ...

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References

Bibliographical reference

Miranda Forsyth and Kalissa Alexeyeff, « Regulating Cultural Performances in Oceania: the Complicated Relationship between Law, Creativity and Cultural Property », Le Journal de la Société des Océanistes, 142-143 | 2016, 117-130.

Electronic reference

Miranda Forsyth and Kalissa Alexeyeff, « Regulating Cultural Performances in Oceania: the Complicated Relationship between Law, Creativity and Cultural Property », Le Journal de la Société des Océanistes [Online], 142-143 | 2016, Online since 31 December 2018, connection on 25 July 2017. URL : http://jso.revues.org/7489 ; DOI : 10.4000/jso.7489

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About the authors

Miranda Forsyth

Associate Professor, RegNet School of Regulation and Global Governance, anu College of Asia & the Pacific, The Australian National University, miranda.forsyth@anu.edu.au

Kalissa Alexeyeff

Australian Research Council Future, School of Social and Political Sciences, The University of Melbourne, k.alexeyeff@unimelb.edu.au

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Copyright

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