2.4.2. Archives and Intellectual Property Rights

Concern about intellectual property -- specifically individual copyright in the composition and performance of original works -- dominates most of the discussion of rights over performances today. It is important that archives observe national and international legislation on all collections. But it is equally important that archives observe other restrictions on use made by performers, depositors, archivists, and technicians.

Rights over performances are not coterminous with the current legislation. Even when a certain use of a creator’s or performer’s work is legal, it may not be ethical. The World Intellectual Property Organization (WIPO) has a document with Draft Provisions on Traditional Cultural Expressions/Folklore1 that is useful for consideration. Some national legislation, such as that for Australia, recognizes moral rights. These include the right to proper acknowledgement of the author or source of the document and the right of protection from ill usage or ‘derogatory treatment’2.

1. see http://www.wipo.int/tk/en/consultations/draft_provisions/draft_provision...
2. cp. http://www.austlii.edu.au/au/journals/FedLRev/2004/15.html