1. Methodological Issues Raised by the Development and Use of the Taxonomy of Festivals Fiona Macmillan HERA Cultivate Progress Meeting Amsterdam, October 2011

2. Aims of the Project The project has three aims: to examine the nature of the relationship between copyright and cultural policy; to identify the cultural policy underlying the concept of the arts festival and the extent to which such festivals may be conceived as a form of cultural heritage institution; to interrogate pervasive claims suggesting that the appropriate legal regime for the support of cultural production lies in the recognition of a relationship between intellectual property rights, cultural property rights and human rights.

3. Relationship of Taxonomy to aims of the Project To support the analysis of these three key issues, in the following ways: shape the analysis of the relationship between copyright and cultural production in the festival context; cast light on the extent to which, and the circumstances under which, an arts festival can be considered a cultural heritage institution; inform the analysis of the relationship between cultural policy, copyright, cultural property rights and human rights.

4. Proposed Taxonomy Whether the festival is privately or publicly funded? Whether the festival is aimed at a “professional” audience or at the general public? Whether the primary purpose of the festival is the marketing of discrete cultural products (for example, books, films, music) or is the generation or development of creative interactions? Whether the subject matter of the festival falls within the possible scope of copyright protection (that is, the so-called creative arts) or not?

5. Relationship to Empirical Enquiry Selection Scope of enquiry National bias Festival diversity Identifying the relationship between intellectual property and cultural heritage Use of questionnaires Use of interviews

6. Something to look forward to

7. Revision of Taxonomy Significance of endorsement Significance of “audience” “Public” character of cultural heritage Distinction between “marketing” and “creative interaction” Complexity: Undifferentiated application of copyright Balance between intellectual property and cultural heritage Range of intellectual property rights

8. Relationship of Taxonomy to Theory Defining an “arts festival” Mapping the space(s) of an arts festival Relationship between public (cultural heritage) and private (intellectual property) Role of the public intellectual domain Role of the UNESCO Convention on the Protection of Intangible Cultural Heritage and the UNESCO Convention on the Promotion and Protection of Cultural Diversity