Paper short abstract:

This paper will propose a turn away from solutions based on classical models of public ordering toward one that promotes an array of alternative and complementary alternative approaches.

Paper long abstract:

After more than 15 years, the World Intellectual Property Organization's efforts to broker consensus around the text of a treaty for the protection of "traditional cultural expressions" are deadlocked. Over the same period, we have come to understand more about the inherent limitations of national intellectual property laws where embodied and collective creativity are concerned. Meanwhile, the implications of new technology for the collection and circulation of detailed information about making art have become increasingly apparent. The obvious benefits of digitization in terms of building general knowledge are offset, to an extent not yet fully understood, by the risks it poses to cultural survival. It is timely, therefore, to consider new ideas about how to mitigate these risks

This paper will propose a turn away from solutions based on classical models of public ordering toward one that promotes an array of alternative and complementary alternative approaches. One such approach would be the promotion of private ordering through agreements between knowledge holders and researchers. Another would emphasize more general "soft" norms informed by ethical and relationship considerations. Examples of this approach include disciplinary and institutional codes of conduct, research-based recommended "best practices," and new applications of regulations relating to the protection of research subjects. Both approaches would take into account the preferences of creative and custodial communities, as well as the legitimate aspirations of knowledge consumers.