Challenging the Public Domain: Protection of traditional cultural expressions in the light of retroactive copyright protection

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Challenging the Public Domain: Protection of traditional cultural expressions in the light of retroactive copyright protection

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Since as long ago as the 1960s, there have been attempts to extend legal protection to traditional cultural expressions.

This book examines whether the introduction of such protection is justified, taking into account that granting exclusive rights in existing creations inevitably diminishes the public domain and the freedoms that derive from it.

As traditional cultural expressions are a subset of copyright subject matter, the central part of the analysis deals with the justification for copyright and past instances of introducing copyright protection with retroactive effect.
Introduction

Part 1: Traditional cultural expressions, copyright, the public domain, and the role of retroactivity
Traditional cultural expressions: special treatment of ordinary copyright subject matter?
Copyright: of authors, publishers and the public
The public domain: the good, the bad, or the ugly?
Retroactivity: a question of trust

Part 2: Instances of retroactive copyright protection
Actually retroactive copyright legislation
Pseudo-retroactive introduction of new subject matter and new rights
Pseudo-retroactive perpetual copyright, domaine public payant and term extensions
Pseudo-retroactive protection of posthumously published works
Pseudo-retroactive lowering the required level of originality
Pseudo-retroactively granting protection to foreign works

Part 3: Protecting traditional cultural expressions
Justifications for the pseudo-retroactive protection of traditional cultural expressions
Protection within the existing legal framework
Pseudo-retroactive introduction of sui generis protection

Summary
List of abbreviations
Bibliography
List of legislative materials
Index

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