Digital Management of Traditional Cultural Expressions: Why It is Needed in the Context of Gaining the Benefit-Sharing
- DOI
- 10.2991/978-2-38476-180-7_117How to use a DOI?
- Keywords
- Digital Management; Traditional Cultural Expressions; Benefit Sharing
- Abstract
He success of inventorying, recording, and issuing of Recording Letters for Traditional Cultural Expressions works as part of Communal Intellectual Property from Bali is still accompanied by challenges. Those are uploading and commercialization of Communal Intellectual Property works documentation as personal video works and photos on digital platforms. This study aims to analyze the arrangement of Traditional Cultural Expressions as part of Communal Intellectual Property works including its benefit-sharing mechanism in Indonesia and to elaborate model of strengthening the protection of communal works through the existence of a digital management mechanism, as well as the presence of the state in ongoing facilitation activities in the context of the state as the owner of Communal Intellectual Property. This study uses the socio-legal research method with statutory, economic, social, cultural, and technological approaches. The study results show that Bali is very rich in Communal Intellectual Property works that have not been fully inventoried. However, there are quite sufficient regulations already regulating Communal Intellectual Property except for benefit-sharing which remains unclear. Besides that, even though Communal Intellectual Property work has been registered and has a letter as recording proof the Community of Origin does not receive yet the benefit, in the context of benefit-sharing, of the commercialization of such works through the creation of individual intellectual property works like photo or video created by other people. Bearing in mind that the works of the custodial community have been preserved and developed for generations from generation to generation in today's technological era. The example of uploading practice of communal intellectual property documentation to social media by other people has a detrimental impact on custodians who have such communal intellectual property as their source is used as a personal creation. Facing such a phenomenon, a relevant model for strengthening communal intellectual property is through a hybrid inventory. First, it needs a recording certificate. Second, the custodial community needs to empower communal intellectual property digital management by having official social media accounts as a vehicle for information and announcing their works internationally.
- Copyright
- © 2023 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Ni Ketut Supasti Dharmawan AU - Desak Putu Dewi Kasih AU - Putu Aras Samsithawrati AU - Putri Triari Dwijayanthi PY - 2023 DA - 2023/12/31 TI - Digital Management of Traditional Cultural Expressions: Why It is Needed in the Context of Gaining the Benefit-Sharing BT - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023) PB - Atlantis Press SP - 1156 EP - 1166 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-180-7_117 DO - 10.2991/978-2-38476-180-7_117 ID - Dharmawan2023 ER -