Cultural Heritage and Intellectual Property

Abstract

Cultural rights and intellectual property rights are recognized as human rights in the Universal Declaration of Human Rights (1948). Are the two concepts compatible? The cultural heritage and intellectual property overlap is a focal issue of this chapter. It has been argued by some that while cultural heritage may be a “fundamental human right,” it may be that some intellectual property rights do not fit into the category of fundamental human rights: they are much more economic and commercial than social or cultural. It is argued that the two concepts are related but different, but nonetheless analogies can still be drawn. There is a consideration of the cleavage between intellectual property rights and cultural property rights, and the challenge remains how to bridge the gap between the two.

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