We are pleased to share with you the work “Derechos Intelectuales Volumen 26″ which contains a compilation of works that deal with new and current aspects in the field of Intellectual Property, edited and published by the Interamerican Association of Intellectual Property(ASIPI). In volume III, page 246, our member Magdalena Almonte writes about the topic “Limits to copyright in safeguarding the cultural heritage of the nation”.
Summary: Limits to copyright to safeguard the nation’s cultural heritage
While it is true that the concept of “culture” is in constant evolution, it is also true that the indeterminacy of its elements and the subjective nature of the “cultural valuation” of works sometimes violates individual human rights such as the right to property in general and copyright in particular. This article analyses the role of the state in safeguarding the nation’s cultural heritage, thus honouring the collective right to access, participation and enjoyment of culture. To this end, the author examines the application of legislation on the protection of cultural heritage to works that are still protected by copyright.
Keywords: Culture, copyright, limits and exceptions, cultural heritage, public utility.
