The fundamentals of every community are knowledge and tradition. The intangible forms of heritage create an inseparable whole together with material objects, shaping culture, history and tradition of states and nations. Due to the UNESCO List dedicated to intangible culture it is possible to depart, in the context of heritage, from national communities to more extensive forms of social organization and to overcome the existing Eurocentric model of protection of cultural heritage. The question is if the intangible heritage will function as a universal metacultural production, performative projection of individual identities, and maybe it will be an element of the states’ cultural policy. Virtually, there is an infinite number of points of view which may build a representation of individual, community and national identity. Identity and manifestation are the concepts necessary for understanding the heritage in the category of institutionalization, policy, protection and presentation.
To examine the current position of moral rights of authors and they prospects in a globalized society the Wittem Group Project offers an occasion to consider the nature of the rights that copyright secure, and of the aims that copyright system protects. The goal of the European Copyright Code is to increase the overall protection of authors because, notwithstanding twenty years of Directives and growing ECJ caselaw, copyright law in EU Member States continues lack uniformity. The article briefly explains the content and characteristics of moral rights, and assesses the most important aspects of French, German and British national legislations in this area. The basic problem of the unifi cation of copyright in EU with respect to moral rights are discussed and some suggestion are made for the international harmonization of rules controlling these rights. Drawing on recent droit moral scholarship, it is argued here that European Copyright Code offers an approach to enforcement of the law which protects the interests of authors and rights holders, but only to the extent to which this is supported by economic impact analysis.
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.