Title: Protection of popular culture and collective management organisations: appropriation of the commons and unjust enrichment?

Authors: Dámaso-Javier Vicente Blanco

Addresses: Faculty of Law, European Studies Institute, University of Valladolid, Spain

Abstract: Since the idea of privatisation of culture, protection systems of intellectual property deal with the treatment of expressions of popular culture. Existing instruments in this area are referenced (2003 UNESCO Convention), as well as the projected instruments (the WIPO Draft Provisions/Articles, 2004-2014). This review also examines the nature of expressions of popular culture constituting the commons and examples of cases of misappropriation. Community rules of collective management organisations, through the Directive 2014/26/EU, do not address the problem, but might consider the possibility of attributing some control functions to the collective management organisations.

Keywords: culture privatisation; popular culture protection; intellectual property rights; IPR; commons; 2003 UNESCO Convention; WIPO Draft Provisions/Articles, 2004-2014; popular culture misappropriation; collective management organisations; CMOs; Directive 2014/26/EU; EU Collective Rights Management Directive; copyright.

DOI: 10.1504/IJIPM.2014.070732

International Journal of Intellectual Property Management, 2014 Vol.7 No.3/4, pp.164 - 181

Received: 17 Dec 2014
Accepted: 13 Mar 2015
Published online: 22 Jul 2015 *

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