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A summary survey of intellectual property in the global village

As the knowledge-based economy increasingly takes over our lives it is appropriate to pause and reflect on how we earn and how we pay? What most people do not realize is that the answer to both questions varies dramatically between the two great legal traditions of the West - Common Law & Equity in the Anglosphere and the European Civil Code tradition in rest of the world.
Do Natural and Legal Persons enjoy the same rights? Do creators enjoy moral rights over their creations? Can the average artists/authors/creators earn a living wage or is 'the starving artist' the future of the middle class? Is cultural patrimony an economic or social resource? The answers all depend on intellectual property rights. An article by Dr. Harry Hillman Chartrand, PhD.

Management Topic: Law & Taxes
Cultural Area: General
Submitted by editor-in-chief on Jan 02, 2014

Swarm creativity - The legal and organizational challenges of Open Content Film production

Exodos - An example for Private Public ScreeningWhile the creation of software under the FLOSS paradigm is a well-established and recognized mode of production, the peer collaborative production of Open Content Film is a fairly new phenomenon. The two approaches share several common features: both are characterized by the massive collaboration of actors in a shared creative space and both are enabled by Information and Communication technologies, in particular the Internet. But technology itself is not sufficient to create and maintain a shared creative space. A governance structure resting on a legal framework and a set of control and incentive mechanisms regulates the transactions between the collaborators and is designed to ensure coordination.
In this paper we will outline the legal and organizational challenges faced by the first major Open Content Film production "A Swarm of Angels" (ASOA) in creating and maintaining a shared space for collaborative film production and contrast the findings with the practices of the FLOSS community. The study will be based on a series of interviews with ASOA founder Matt Hanson and the major contributors to his project, the analysis of the discussion threads about the appropriate organizational and legal structure for this Open Film project taken from the community's online discussion forum, and the available legal documents governing membership in the Swarm.
Management Topic: Law & Taxes
Cultural Area: General
Submitted by editor-in-chief on Apr 21, 2011

Restricting Artists is Not an Olympic Ideal: An Open Letter to VANOC

Vancouver 2010The former artistic director of the 2002 Salt Lake Olympic Arts Festival and correspondent of Arts Management Network, Raymond T. Grant, is deeply concerned about a clause that appears in the contracts for artists engaged by VANOC for its Cultural Olympiad in Vancouver, Canada. Arts Management Network publish the open letter of Mr. Grant to the CEO of VANOC, Mr. Furlong, at its website. 

Management Topic: Law & Taxes
Cultural Area: Leisure+Tourism
Submitted by editor-in-chief on Feb 17, 2010

International Conference on Art and Social Justice

This major event...involving the collaboration between artists and poets... is consistent with UNESCO’s principle objective as regards the promotion of intercultural dialogue and cultural diversity. It will no doubt contribute to emphasizing the unique role of the arts as a means of dialogue, communication and understanding... giving its aim of promoting ethical values through artistic expression and creativity...

Management Topic: Law & Taxes
Cultural Area: General
Submitted by editor-in-chief on Nov 10, 2009

A&B launches online taxguide

Arts & Business, the national charity dedicated to increasing private investment into the arts will, on 4th October, launch an on-line tax guide with Margaret Hodge, Minister for Culture, Creative Industries and Tourism, explaining how to give efficiently and effectively to the arts. The on-line tax guide is for arts fundraisers, donors and wealth managers. A&B's guide includes simple information demonstrating that, contrary to popular belief, it has never been easier to give to the arts and the tax benefits have never been greater.

Management Topic: Law & Taxes
Cultural Area: General
Submitted by editor-in-chief on Aug 28, 2008

Orchestrating an Exclusion of Professional Workers from the NLRA: Has the Supreme Court Endangered Symphony Orchestra Musicians’ Collective Bargaining Rights?

The American Federation of Musicians (“AFM”) represents the musicians in America’s major orchestras. Unionized orchestral musicians are highly trained, artistic professionals. In recent years, the United States Supreme Court has classified many professional workers as managers or supervisors. In so doing, the Court has diminished professional workers’ right to unionize because managers and supervisors are not protected by the National Labor Relations Act (“NLRA”). One interpretation of this jurisprudence is that collective bargaining agreements currently covering certain orchestral musicians actually violate the NLRA. By endangering orchestral musicians’ collective bargaining rights, the Court may inadvertently have placed American orchestras in jeopardy.
Management Topic: Law & Taxes
Cultural Area: Music+Concert
Submitted by editor-in-chief on Mar 26, 2007

The Collective Management of Rights in Europe

This study is commissioned by the European Parliament in July, 2006. The content has threefold: Rights Management in the European Union, National Rules Governing Collective Management of Rights, and Details of National Legislative Frameworks. The report presents, for instance, the management of copyright and related rights, music rights management, the right management business in music, EU institutions and right management, the complexity of a regulatory approach, and recent market development.
Management Topic: Law & Taxes
Cultural Area: General
Submitted by editor-in-chief on Feb 09, 2007

No Suit Required

In January 2006, Nettwerk declared to support a fan all the fee to go to court – she had downloaded more than 600 songs in her computer - one of songs named “Download the Song”.

What did Terry McBride, CEO of Nettwerk Music Group advocate for this case? And what were his new strategies for music management to ameliorate the suffering industries? Was he successful?

Management Topic: Law & Taxes
Cultural Area: Music+Concert
Submitted by editor-in-chief on Feb 08, 2007

Protecting Cultural Heritage: International Law after the War in Iraq

"Protecting Cultural Heritage: International Law after the War in Iraq", which took place on February 3, 2006 in Chicago, examined international legal provisions for protecting cultural property during armed conflict and occupation, and offered suggestions on how to strengthen them. Panelists considered the legal status of the 1954 Hague Convention, its applicability to the events in Iraq, and proposals for a new protocol to the Hague Convention that addressed the problems that arose in Iraq. The need for a new protocol is urgent given the possibility of war in other regions rich in cultural heritage resources.
Management Topic: Law & Taxes
Cultural Area: Museum+Visual Arts
Submitted by editor-in-chief on Feb 07, 2007

Record Labels Rethink Digital Rights Management at Midem

Under pressure from rampant file-sharing and dwindling sales, major record labels are closer than ever to releasing music online with no copying restrictions, a step they once vowed never to take.
Management Topic: Law & Taxes
Cultural Area: General
Submitted by editor-in-chief on Feb 06, 2007