Soviet Cinema in Changing Post-Soviet Copyright Law

In this paper I will analyze how the legal status of films produced in the Soviet Union changed after the collapse of the country and what effects that change has for Soviet film as cultural heritage today. While Soviet films are a significant part of the cultural heritage of the independent states which emerged after the collapse of the USSR, they also represent a potential source of income for Russia and recently established countries in the Soviet bloc. Since the fall of the Soviet Union the copyright status of Soviet films has been controversial. This paper confronts and compares Soviet film copyright policies with those later established in the successor states within a historical context. Can copyright law protect or frustrate the appreciation of Soviet films as cultural heritage in the future?

Fashion, Design and the Future of Cultural Heritage Law

Fashion and design are increasingly viewed as a part of our culture and cultural heritage. Notwithstanding this increased acceptance and promotion, however, the legal classification of fashion as cultural property, a part of cultural heritage, is undervalued by current fashion law literature, cultural heritage law and public law more broadly. How are we to address the unique needs of a fashion object when it is of public interest under the law? What do we do when the alteration or destruction of a fashion object, which exists as a private property, would be against the public interest? How do we reconcile the immaterial aspects of a fashion object with its material aspects in the public interest? Using a comparative law methodology focused on Italy and the United States this paper seeks to answer such questions by presenting, through fashion and design, a new understanding of cultural heritage law and, by extension, a new understanding of public law.

The (Public) Law of Cultural Heritage in the face of Terrorism and Diplomacy

In the last few decades terrorist groups and the Islamic State have attacked cultural heritage not only during armed conflicts but also in ordinary contexts. The paper seeks to examine the international relations during the reconstruction of damaged cultural sites and monuments. Sovereign States have been addressing their foreign policies on cultural heritage’s protection by increasing multilateral cooperation in order to rebrand their role within the international scene. What role should cultural heritage play in reconstruction processes? What role should public law play within the fragmented cultural heritage regulation which results from multilateral cooperation? Do we need a global governance to deal with these security issues? This paper aims to answer these questions by focusing on the role of Russia in the reconstruction process of Palmyra after the Islamic State’s attack and on the role of France in Mali’s cultural heritage.

Intangible Cultural Heritage and its Protection in Chilean Law

Is the notion of intangible cultural heritage (ICH) included in Chilean legislation?  Why is it important for Chile to have specific laws that regulate and protect ICH? UNESCO has promoted the recognition and appreciation of the ICH through the “Convention for the Safeguarding of the ICH”, ratified by Chile in 2009. This Convention defines ICH and establishes a series of objectives regarding its protection, respect, and raising awareness of the importance and reciprocal acknowledgement at a local, national, and international level. This paper seeks to analyze Chilean legislation and answer the question of whether ICH in the UNESCO Convention is applicable and integrated into Chilean legislation.