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Willis Diamond lost the woman he loved more than anything in the world, his wife​, in a tragic accident only a few months ago. Stricken with grief, he decides to.
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What is Tangible and Intangible Heritage

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Tangible Expressions by Roberto Guerra is a beautiful but tragic love story. Willis Diamond had lost the love of his life almost 8 months earlier, when Nattie, his wife, was struck and killed by a drunk driver.

Are there universal expressions of emotion? - Sophie Zadeh

Advised to get away for a few days, Willis decided to backpack into an area where he and Nattie had previously camped. While there, he found himself in a place he had seen frequently in recent nightmares: a natural rock cliff obtruded from the ground, behind a grove of aspens. At the base of the wall was a crevice, opening into a cave-like tunnel, which he followed to an unearthly pool of glowing liquid. Losing his footing, Willis fell into the pool. Tangible Expression is an absorbing tale of a desperate young man and his love for his deceased wife.

Intangible and tangible cultural expression

Brilliantly imagined and written, this tale will pull you in and hold you tight, right to the very end. Guerra has created a parallel existence where time and place differ greatly from our own dimension. With extraordinary adroitness, Guerra paints a bold picture of another reality, where one can see sound, hear walls, and smell past events. This is a very difficult wish-list to deliver on. The general Guiding Principles also contain conflicting if not contradictory statements, such as a desire to be responsive to the aspirations of relevant communities while respecting international and regional agreements, obligations that are difficult to square if the International Agreements in question are IP texts.

The Substantive Provisions, and there are eleven of them, are no doubt deliberately equivocal in regard to key issues such are defining the subject matter of protection, the beneficiaries and the need to comply with formalities requirements.

By this author

Ireland appears to have no position or profile on these WIPO issues. The authorship problem is addressed by the WIPO texts. Apart from the requirements for fixation and originality in copyright law, authorship is a further qualifying requirement. Some of the authorship issues overlap with originality, but the central question in relation to cultural heritage of all kinds is whether any one person can legitimately claim to be an author if the cultural expression in question has been handed down from one generation to another.

A work that is truly anonymous has no human author who can come forward and claim the statutory copyright. Solutions posed in national legislations and international folklore texts include the recent draft WIPO Folklore Treaty, 57 Article 2 of which canvasses a range of options. The issue of a mandatory registration requirement under any WIPO text also appears difficult to resolve at this time.

The copyright system, at least in its International context, does not require rightholders to register copyright although some States most notably, the USA make registration an enforcement requirement in certain instances. Indeed, the Berne Convention makes it unlawful for Berne Union Member States to impose a registration requirement in respect of international enforcement of copyright.

Formalities are a contentious matter in relation to folklore, particularly in relation to secret or social expressions. However, the draft gives a number of instances where formalities may be imposed or required.


  • Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources;
  • Damaged People.
  • Dead Wrong.

This appears to be a sensible step but it will raise difficulties of evidence and proof in any dispute, although the Australian case-law suggests that oral and expert testimony will allow these to be overcome. The Duration Problem must be addressed on a pragmatic basis. Under copyright law, the duration of copyright is a highly contentious matter. Sound recordings endure for a period of 50 years. One argument favours assimilation protection of intangible cultural expression into the copyright work that the expression must closely approximates to, mostly literary work, artistic work and dramatic work protection.

While many commentators think that copyright protection lasts too long, the general view in relation to cultural expressions is that protection should never expire Copyright and copyright related norms are generally regarded as ineffectual in providing copyright protection for expressions of folklore. Lucas-Schloetter 63 points out that common law jurisdictions generally insist upon the fixation of works of folklore before copyright extends to that expression: this requirement prevents copyright from being recognised where oral traditions alone are used to transfer culture from one generation to another Furthermore, as the majority of folktales, dances or songs are performed without reference to any prior fixation such as notation of dance steps, etc.

Any visual display which is then recorded on film will attract a film copyright in the UK and Ireland films are copyright works not just protected as neighbouring rights as well as broadcast copyrights e. Similar questions have been raised in respect of the need for a copyright work to be original. It is not stagnant, but evolves slowly. Innovation is simply not what is valued in indigenous art.

Rather, faithful reproduction is prized. For the most part, the notion of original authorship is foreign to indigenous art and culture. The production of artwork in indigenous culture can best be described as a process of reinterpretation. The emphasis on derivation, and not deviation, from pre-existing works by indigenous artists is a result of the spiritual and educational nature of much indigenous art.

OTHER WORDS FROM tangible

Because of indigenous art's function as a historical and sacred text, innovation is restricted. Because the works are so closely connected to sacred thoughts, it follows that these designs must be reproduced faithfully and accurately. Since these art forms are the main means of passing down their religion and their history from generation to generation, it is important that any "artistic license" be kept to a minimum.

However, expressions of folklore are not created initially and above all in order to be exploited. It is true that they are of a literary and artistic nature, but they have not been created to reach as broad a public as possible. They were originally intended solely for the community from which they originate and whose traditions and beliefs they embody. The majority of them are even of a secret nature and are only transmitted from generation to generation through certain members of the community by virtue of their age, their sex or their status, i.

Moreover, some of them are of a sacred nature, particularly those that concern rituals. Thus, their function is not to be disclosed outside the co mmuni ty concerned, and the damage caused by their exploitation against the will of the members of this community is not of an economic, but mainly of a moral nature. As far as concerns the expressions of folklore, the protection of the non-economic interests of the community affected is thus at least as important as, if not more important than, that of its economic interests.

Where an authorship requirement is in place, in common law jurisdictions, it can be met in a variety of ways. Copyright in literary and artistic works is much broader however, covering for example, live performance of a musical work. The boundary is closely policed for this and other reasons. There are provisions in the Act that are intended to free up exploitation of works which are anonymous or pseudonymous 71 ; it is not an infringement of copyright in a work to undertake acts if it is not possible to ascertain or identify the author of the work by reasonable inquiry and it is reasonable to assume that the copyright has expired.


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Orphan Works Directive. But this initiative does not extend beyond the copyright arena.

Tangible expressions of participation crossword clue

Indeed, authors like Michael Brown dispute the extent to which communities should be able to challenge downstream use of living cultural expression. Aston Barrett claimed ownership of copyright in some musical compositions. Aston was also responsible for setting up and running a demo studio, having the role of technician and producer. But such contributions were not authorship contributions to the lyrics or the music, and in the absence of any claims to co-authorship with Bob Marley, 76 the Barrett claims to copyright failed. Clearly, these contributions were performance contributions but as the sound recordings and the film recordings were with the consent of the performers, any claims in such a direction would have been pointless.

Nor were there any sustainable moral rights claims as the court found that the claimant was not an author and there was no claim of subsequent disparaging treatment of any work. Moving on to consider the question of how material that is not protected by copyright can provide a subsequent user with intellectual property rights, it is clear that adaptions of earlier music such as folk tunes and public domain works will rather easily allow new works and rights to spring therefrom.

This fact suggests that once intangible cultural expressions are fixed, at least copyrights in films or sound recordings will subsist. The problem is that those rights will not vest in the persons or communities that provide the source material. One of the urban myths that surround the debate on originality and derivative creations is that because the template against which a potential work is set is within the public domain, anything inspired by that earlier work may not easily attract copyright. In fact, rifling through the public domain and using earlier materials in a creative way can create new copyright works, especially in the area of musical copyright.

In Hyperion Records Ltd. Sawkins 78 , the plaintiff, a leading musicologist who was an authority on the work of Lalande, a French Court composer who died in , spent over hours working on neglected Lalande manuscripts, creating performance editions of four Lalande works for a modern orchestra. Those Lalande works could either not be played by a modern orchestra, had parts missing and contained numerous errors which Sawkins corrected. It does not prevent another person from coincidentally creating a similar work by his own independent efforts….

All that Dr. The English Court of Appeal clearly held that effort, skill and time expended by Dr. Sawkins meant that new copyright works were created, even if he was working on a score made by another person. The score itself was out of copyright, and Dr. Sawkins himself had no intention of writing any new notes of music of his own. Sawkins was following a trail laid down over years before by Lalande.