Week 5: Today 1 st part of class: Question period, Quiz #1. 1 st part of class: Question period, Quiz #1. 2 nd Part of Class: Lecture 2 nd Part of Class: Lecture Assigned readings: Weeks 5-6 Weeks 5-6

Lecture: Who decides? Cultural Politics and Moral Rights as Conservation Issues. Part 1: Authenticity, Intention and Ownership of Creative Work as Factors in Conservation Decisions

Example : Leonardo Davinci`s Mona Lisa (15th c.) Click to view website with 3D images (Conservation science) Left: Leonardo DaVinci`s Mona Lisa. Middle: Marcel Duchamps, L.H.O.O.Q. Cover Image from Sardar & Van Loon`s Cultural Studies for Beginners.

Assigned readings: Weeks 5-6 Weeks 5-6Weeks

Lecture Outline: Who Owns the Past? Who Can or Should Control the Care of Cultural Heritage? A.The notion of “Moral Rights”-- A.The notion of “Moral Rights”-- B. Authorities vs. participants in decision-making B. Authorities vs. participants in decision-making 1.Authors-Artists-Creators 2.Scholars & Experts: 'commonwealth of knowledge' 3. Museums, Public Cultural Heritage Institutions 4. Private Collectors, & Owners 5. Community Stakeholders 6. Publics 7. Political & Economic Powers

A. Moral Rights & the Law: Core ideas –Origins in “droit moral” (European law) –Not about “decency” –protects “honour” & reputation of creator regulates treatment of their creations (works) regulates treatment of their creations (works) –attribution (ID of creator even after sale) –integrity (prohibits distortion, unauthorized modification etc..) Example: Controversy over Christmas decorations of Michael Snow, Flight Path, 1981, Toronto Eaton Centre. For More see

Moral Rights vs. economic rights creators can exchange economic rights to control reproduction, performance & distribution of their work creators can exchange economic rights to control reproduction, performance & distribution of their work moral rights are inalienable moral rights are inalienable Recall ‘aura’ of creator & notion of ‘original’ Recall ‘aura’ of creator & notion of ‘original’ “the recognition of moral rights is premised on values completely apart from the marketplace, a notion which makes them all the more precious in the current age.” “the recognition of moral rights is premised on values completely apart from the marketplace, a notion which makes them all the more precious in the current age.” Tilted Arc, Richard Serra, 1981, sculpture, steel, New York City (destroyed). Photo © 1985 David Aschkenas ock/flashpoints/visualarts/tiltedarc_a.html

Moral rights in international law Until late 19 th century protection usually within Nation-State of creator or inventor Until late 19 th century protection usually within Nation-State of creator or inventor 1880s-- Paris Convention (trademarks, patents etc.), Berne convention (intellectual & artistic works) & many others, 1880s-- Paris Convention (trademarks, patents etc.), Berne convention (intellectual & artistic works) & many others, since 1970s World International Property Organization (UN) in Geneva since 1970s World International Property Organization (UN) in Geneva Interpretations still vary by country Interpretations still vary by country

Some basic issues What “uses” of cultural works are protected? What “uses” of cultural works are protected? Variations by economic motives of users: not-for- profit, educational, for-profit etc. Variations by economic motives of users: not-for- profit, educational, for-profit etc. Time limits on protection Time limits on protection Other factors, ex. notions of unfair competition, invasion of privacy etc…. Other factors, ex. notions of unfair competition, invasion of privacy etc…. Questions about digitization, digital formats & rights (Dreier—authenticity of rights-management vs. authenticity of the work itself?) Questions about digitization, digital formats & rights (Dreier—authenticity of rights-management vs. authenticity of the work itself?)

Different interpretations in national contexts France: moral rights in perpetuity France: moral rights in perpetuity Australia: Moral rights same as copyright (for film, 70 years after film`s first release) but right of integrity & action for defamation ceases with death of author or filmmaker see also Digital Domain copyright in Australia Australia: Moral rights same as copyright (for film, 70 years after film`s first release) but right of integrity & action for defamation ceases with death of author or filmmaker see also Digital Domain copyright in Australia Canadian Intellectual Property Laws Canadian Intellectual Property Laws – –Consultation on digital copyright issues More information about national variations (esp. US, Canada, EU) More information about national variations (esp. US, Canada, EU) –

Authorities & Participants in Decision-making about Cultural Heritage Conservation Varieties of interpretations of links between control of cultural “things” or legacies Varieties of interpretations of links between control of cultural “things” or legacies

Changing ideas about “ownership” & rights -- traditions Aristocracies & hereditary regimes Aristocracies & hereditary regimes –Owner (ruler) & “staff” Nation-states & military regimes Nation-states & military regimes -cultural events, monuments etc. as symbols of leadership -State control Changes in Access & Production Changes in Access & Production –emergence of working & middle class (industrialization, urbanization)– opportunities for new types of cultural production & ownership –new Democratic, Socialist regimes Democratic, Socialist regimes –expand public(s) –different view of ownership of cultural heritage, access but many groups still not represented (ex. Colonial regimes) Post-colonial approaches & globalization Post-colonial approaches & globalization

1. Single vs. Multiple Creators & Their Rights Ex. Music CD, separate copyrights Ex. Music CD, separate copyrights –Song-writer –Composer –Performer(s) –Recording –artwork What about participants & `subjects` as creators? Ex. A Chorus Line What about participants & `subjects` as creators? Ex. A Chorus Line

Example from film & TV: Digital Manipulation of BW Films Filmmaker John Huston va. Turner re: colourization of the Maltese Falcon Filmmaker John Huston va. Turner re: colourization of the Maltese Falcon – u/mrcasesnote2.htm#col ourisation u/mrcasesnote2.htm#col ourisationhttp:// u/mrcasesnote2.htm#col ourisation "The Maltese Falcon" 1941 Warner Bros. Photo Date: 1941 Image courtesy MPTV.net

“anonymous” or unidentified creators ?? Examples: Some forms of indigenous cultural expression Examples: Some forms of indigenous cultural expression –Recall unattributed works in Haida exhibition, Bushey discussion of seasonal requirements for playing recordings of Mohawk songs –See: readings by Marcus, Michaels, Baca & Wharton –More on this next day

Practical concerns in respecting artists’ intentions See for example Hummelen & Scholte See for example Hummelen & Scholte –Collecting information from artists or creators When? (perspectives of same individual could change over time & in different contexts) When? (perspectives of same individual could change over time & in different contexts) What information? What information? –challenges in anticipating changes in materials, anticipating obsolescence, new technologies From whom? (artist-author-creator, fabricator, other participants in creation processes) From whom? (artist-author-creator, fabricator, other participants in creation processes) Making it accessible? (privileged info. vs. public, documentation & dissemination issues) Making it accessible? (privileged info. vs. public, documentation & dissemination issues)

Tensions between 'commonwealth of knowledge‘ principle and “ownership” –Cultural property policy issues for works created or disseminated using public funds ex. Scholars (ex. At universities) Scholars (ex. At universities) Museums, Public Cultural Heritage Institutions Museums, Public Cultural Heritage Institutions

Private Sector “owners” –Private Collectors, business Some Issues: uses, cost of preservation- conservation “treatments”, etc…. Example: moving James Turrel works (Panza Collection)

Community Stakeholders & Interest Groups –Meaning in community context & strategies for conservation as community activism (meaning of work for community as central to authenticity) ex. The Great Wall of Los Angeles (Judy Baca)— professional conservators vs. community members? ex. The Great Wall of Los Angeles (Judy Baca)— professional conservators vs. community members?

Participatory conservation— Stakeholders & Publics –Community uses, meanings & authenticity of cultural works Ex. Glenn Wharton & Kamehameha statue Ex. Glenn Wharton & Kamehameha statue Kamehameha Statue, downtown Honolulu, Oahu. On June 11, the statue is adorned with fresh leis.

Preliminary Observations: Moral Rights Issues & Decision-making strategies Even in cases of stable (not variable or digital) works, recent increased emphasis on Even in cases of stable (not variable or digital) works, recent increased emphasis on –creators’ intentions in connection with anticipation of changes in work –uses & questions about moral rights of other stakeholders Useful for thinking about issues in digital preservation but new technologies increase complexity (potential for loss, modification, reproduction, dissemination etc…) Useful for thinking about issues in digital preservation but new technologies increase complexity (potential for loss, modification, reproduction, dissemination etc…) Next day– privacy, secrecy and privileged works Next day– privacy, secrecy and privileged works

Planning Class Presentations Planning Class Presentations Short Reports (October 24, 31) Short Reports (October 24, 31) Term Assignment Round Tables (November 21, 28) Term Assignment Round Tables (November 21, 28)